the goan I network
PANAJI
The National Green Tribunal has ruled that mere permission to purchase a plot does not entitle the construction of a structure and has rejected an appeal filed by one Anand Babrekar whose structure in the No Development Zone of the Coastal Regulation Zone was deemed to be illegal.
“Mere fact that the appellant had been granted permission to purchase the plot does not by itself entitle the appellant to raise construction in ‘no development zone’ without requisite permission,” the NGT ruled.
Babrekar had challenged before the NGT an order of the GCZMA which ruled that his structure was illegal and ordered its
demolition.
Babrekar relied upon a judgment whereby he was allowed to purchase the plot. In the documents showing purchase of the plot, no structure was mentioned. However, in the survey plan for the year 2014, construction of house was mentioned.
The GCZMA held that construction being in ‘no development zone’ covered by the regulatory regime of CRZ Notification, 2011 issued under the Environment (Protection) Act, 1986, such construction was illegal.
Babrekar argued that even if the agreement of sale did not show the construction, the construction was already in existence and he had only carried out
renovation.
“We are unable to accept the submission. The fact remains that neither there is permission from any authority for construction nor is there any other official document or reliable material showing construction prior to 1991,” the NGT ruled.
