Summary
The Maradu constructions in issue were ordered removed because the governing approved coastal-zone plan classified the area as CRZ-III and the development lay in the prohibited zone. The Panchayat’s permits, issued without coastal-authority concurrence, were illegal and void. Later municipal status and a draft reclassification did not displace the operative plan. Following a committee inquiry with stakeholder hearings, the Court rejected reliance on local permits to excuse the violations.
Issues
- Which coastal-zone classification governed the disputed constructions.
- Whether local building permits could validate construction prohibited by the coastal notification.
- What remedy followed the committee’s findings.
Provisions considered
- CRZ-III, clause (i), Coastal Regulation Zone Notification dated 19 February 1991The no-development-zone restrictions prohibited the constructions in question; the approved plan, rather than an unapproved draft, governed. (¶¶ 11–12, 14, 19)
- Rule 23(4), Kerala Municipality Building Rules, 1999Local development and building permissions remained subject to restrictions imposed by the coastal notification. (¶ 13–14)
Held
- The committee heard stakeholders and found that the approved 1996 plan classified Maradu as CRZ-III. Municipal upgrading and the draft plan’s proposed CRZ-II treatment did not supersede the operative classification pending approval. (¶ 9–12)
- The Panchayat had not forwarded the applications for coastal-authority consideration, and no concurrence was granted. Following the inquiry, the constructions were found wholly impermissible within the prohibited area. (¶ 14)
- A local building permit could not authorise development contrary to coastal restrictions. Environmental protection and the ecological sensitivity of the area required enforcement rather than condonation of the completed illegal constructions. (¶ 15–19)
Result
Appeals allowed. Panchayat permissions held illegal and void; all structures in issue directed to be removed within one month of the order, with compliance reported to the Supreme Court. Pending interlocutory applications disposed of.