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2016 Supreme(Ker) 799

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
DLF Universal Limited, (Formerly Known As Adelie Builders & Developers Pvt Ltd) – Appellant
Versus
Antony A. V. , S/o. Varghese – Respondent


Advocates Appeared:
For the Petitioner:Sri. M. Gopikrishnan Nambiar, Sri. P. Gopinath Menon, Sri. P. Benny Thomas and Sri. K. John Mathai, Advocates.
For the Respondent:Smt. Anupama Johny and Sri. Reji George, Advocates, Sri. Babu Karukapadath, S.C., Sri. Prakash C. Vadakkan J., S.C., Sri. N. Nagaresh, Assist. S.G. of India, Sri. Tom K. Thomas, Govt. Pleader and Sri. Saji Varghese Kakkattumattathil, Advocate.

JUDGMENT :

P.R. Ramachandra Menon, J.

Can the concession given under the Coastal Zone Regulation Notification (CRZ Notification) enabling construction/re-construction of a building in a property, with reference to the imaginary line to be drawn towards the landward side, be extended to the other properties situated all along the coastal side of the State or should it be restricted to the next/adjoining plot as clarified by the Ministry vide their proceedings dated 08.09.1998 in response to the query raised by the State of Maharashtra, which stands accepted by the Division Bench of Mumbai High Court? Can the construction of the building (multistoreyed residential flats) completed much before getting CRZ clearance from the competent authority but for getting a permit issued by the Local Authority/Corporation could be ordered to be regularised, if there is any violation of the relevant provisions of law; more so when the integrated environmental clearance (under the EIA Notification, 2006) and the CRZ Clearance (under the CRZ notification) were admittedly obtained by the appellant only as per Ext.P22/Ext.R4 (e) dated 11.12.2013. If the aforesaid integrated clearance issued by the State





























































































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