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In a significant decision, the district court in Khed, Mumbai, has granted approval for the demolition of Sai Resort in Dapoli, Ratnagiri district, overruling a prior restraining order issued by a trial court. The resort, initially owned by Shiv Sena leader Anil Parab, later changed ownership to Sadanand Kadam, Parab’s political associate. Due to multiple infractions of the law, the Ratnagiri collector had ordered the demolition of the resort, which had also been seized by the Enforcement Directorate. The National Green Tribunal had appointed an expert committee to examine the property, concluding that it violated Coastal Regulation Zone (CRZ) guidelines and recommended restoration to its original condition.
The collector's directive to demolish the resort had been contested by the current owner, Kadam, in the trial court, which had previously restrained the collector from taking action pending a final decision. Subsequently, the collector challenged this trial court order in the district court.
The ad hoc district judge, P. S. Chandgude, in his ruling, pointed out that the construction carried out at the resort exceeded the sanctioned plan. The permission granted for construction explicitly stated that no development activity should occur within the first 200 meters of CRZ-III, designated as a no-development zone. Importantly, the judge highlighted that the permission for construction was revoked after providing the plaintiff, S. Kadam, an opportunity to respond. No evidence or submission was presented to indicate that the collector's order had been challenged before the appropriate legal forum.
Furthermore, the judge stressed that protecting such illegal construction through court intervention would essentially endorse illegality. He noted that the plaintiff had suggested that the unauthorized construction could be legalized through compounding. However, the judge emphasized that the plaintiff had undertaken construction on the property at their own risk. At the time of construction, they were well aware of the terms and conditions, including the prohibition on constructing within the no-development zone of CRZ-III. In light of this, the judge determined that the balance of convenience favoured the defendants, led by the collector.
This court decision carries broader implications as it pertains to the enforcement of construction regulations, particularly within ecologically sensitive areas like coastal zones. By upholding the demolition order for the Sai Resort, the court underscores the importance of adhering to environmental and regulatory guidelines to preserve sensitive ecosystems and uphold the rule of law.
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