Maharashtra: A court in Maharashtra's Ratnagiri has quashed and set aside an injunction order on demolition of the Sai Resort at Dapoli in the district, owned by Sadanand Kadam, a close associate of Shiv Sena (UBT) leader Anil Parab.
This is not just a case of flouting construction laws, but the plaintiff (Kadam) has violated the provisions of Coastal Regulation Zone (CRZ) rules and regulations, the district court at Khed in Ratnagiri said in the order passed on November 4.
If construction of such a structure is protected, then it would amount to illegality by the court, it added.
Kadam had purchased the plot from Parab and constructed the resort. In June 2021, a notice of demolition was issued by the Ratnagiri collector as it did not have requisite permissions.
Kadam later filed a suit against the notice before a civil court at Khed in Ratnagiri which in March 2023 granted an injunction against demolition.
The Maharashtra government, through the collector, then filed an appeal against the injunction order.
P S Chandgude, ad-hoc district judge, Khed, in the November 4 order while quashing the injunction order said if construction of such a structure is protected, then it would amount to illegality by the court.
The court said Kadam had constructed the property "at his own peril".
"He (Kadam) was aware at the time of construction about the terms that there is no permission to carry out construction within the no development zone," the court said.
Court Raps Parab Over Violating CRZ Rules
Referring to an earlier Supreme Court order, the district court said the law of the land has to be obeyed and enforced.
"Construction in violation of the coastal regulation zone, regulations are not to be viewed lightly and he who breaches its terms does so at his on peril," the court said relying on the apex court order.
"This is not the case of flouting construction laws only, but the plaintiff (Kadam) has violated the provisions of CRZ rules and regulations," the court said.
Kadam has carried out the construction without taking permission of the authorities concerned and beyond the limits of sanctioned plan, it further said.
The court said Kadam will not suffer an irreparable loss as he has a legal efficacious remedy to approach to the National Green Tribunal.
"The balance of convenience is in favour of the Maharashtra government. If the construction is protected at the hand of Court, it will be protection of illegality at the hand of Court," the order said.
The government claimed the Sai Resort was illegal as it did not have the requisite permissions and there were CRZ norm violations.
Kadam purchased the plot from Parab as he could not take care of the same. Kadam claimed the resort was not constructed illegally and all permissions were taken.
Parab Violated Court's Order Allowing Construction
The court in its order noted that in 2017, when permission was granted to the earlier owner to carry out construction on the plot, it was only for a ground-plus-one-floor structure.
However, the present owner (Kadam) constructed a ground-plus-two-storey structure, it said.
"It is crystal clear that the construction is more than the sanctioned plan," the court said.
It further said the construction was in CRZ-III zone, which is a no development zone and Kadam had not taken permission from the department or ministry concerned before the construction.
"Even after completion of the construction, the plaintiff has not taken permission from the said authorities. There is no permission from the said authorities for the construction on the suit property till filing of the suit or during pendency of the suit," the order said.