ORDER

1. This application has been filed with the prayer for direction to be issued to Respondent Nos. 1 & 2/Private Respondents to demolish illegal construction made, as the same is in violation of the provisions of the CRZ Notification, 2011.

2. In brief the fact of this case are that the Applicant is a resident of Ratnagiri District belonging to traditional community. The Village Harnai, falling in that District, falls in CRZ-III category, where-in the construction by traditional community is permissible only 500 mtrs. from the High Tide Line (HTL) to the maximum height of 9 mtrs. only from the ground floor. The Respondent Nos. 1 & 2 approached the Respondent No. 5/Maharashtra Coastal Zone Management Authority (MCZMA) with a proposal to construct commercial and residential building with ground floor +3 structures in the month of October, 2017 but they were granted permission only to construct G+1 structure for residential and dwelling purposes. Despite that the Respondent Nos. 1 & 2 have constructed G+2 floor which is being used for commercial and residential purposes, in violation of the recommendation of the Maharashtra Coastal Zone Management Authority (MCZMA), which was completed in October, 2020. The Applicant had made a complaint to MCZMA in the year 2021 for demolition of the illegal structure but no action was initiated, hence the above prayers have been made.

3. This matter was first considered by our Predecessor Bench on 29.03.2022 and a Joint Committee was directed to be constituted and direction was also issued to send notices to the Respondents.

4. The Joint Committee has submitted its report, the relevant part of which is quoted here-in below:-

“2.1. OBSERVATIONS OF THE SITE INSPECTION

1) The Joint Committee noted that the site in question is situated at Survey No. 215, Hissa No. 13/A, at village Harne, Tal: Dapoli, District Ratnagiri having Latitude 17.81 40 247 and Longitude 73.095 1919. (Google location of the site is at Annexure II)

2) The site in question falls in Coastal Regulation Zone- III (CRZ III) and situated within 200 meter to 500 meter (i.e. beyond No Development Zone area) from the High Tide Line of the Arabian Sea at village Harne. The Joint Committee noted that at present, the Coastal Zone Management Plan (CZMP) of District Ratnagiri is approved under CRZ Notification, 2011 as per which, the site situated within 200 m to 500 m of the CRZ III area. (Extract of the approved CZMP, 2011 of the site is at Annexure II)

3) The Joint Committee observed that on the site, building comprising Ground + 2 floor is constructed on the site by the Respondents. As informed to Joint committee, construction on the site was started in year 2017 and completed in 2019. During the visit, Dimension of the constructed building (Length, width and height) were measured with the help of Revenue officials. Length of the Building is around 22 meter and width is 12.80 meter. Height of the building is around 9.20 meter. The Joint Committee observed that commercial use such as a clinic, Medical shop and fish trading office are present in the Ground floor. Further, there is parking in the Ground floor.

Other 2 floors are observed residential. As per the discussion with Revenue officials and building plan shown by the Respondents during the visit, plot area is 1358 Sqm and built up area of the constructed building is around 598.78 Sqm. The Joint Committee further observed that adjacent to constructed building in the same plot, construction of plinth and certain pillars were observed. It was informed that the said construction was started recently around January, 2022 and presently, the construction is stopped on the site. (Site Photographs of the constructed building and construction of plinth & pillar beside the site is attached as Annexure III)

4) Discussion with Revenue officials and Respondents, the Joint Committee noted that the NA permission was obtained for the land in the year 24.10.2016. Further, the Revised NA was granted by