ALPHONSA STREEDER Vs. PALLIPURAM GRAMA PANCHAYATH

JUDGEMENT

(1.) Whether changing of 'Asbestos roof' to 'Concrete roof' will amount to any 'construction' so as to attract the 'Ban' in respect of 'CRZ III' under the Coastal Regulation Zone Notification issued by the Government of India, is the issue involved in this appeal.

(2.) The appellant/petitioner, who is the owner of the building/rooms numbered by the first respondent Panchayat/local authority as XI/1017-A,B,C,D and E respectively owns 19.58 cents of land in Sy.No. 26/I of Kuzhuppilly Village, situated in the coastal belt of Kerala in Vypeen Islands. The petitioner is running a small restaurant in the downstairs of the building complex numbered separately, while the aforesaid 5 rooms are situated upstairs and have been numberedas separate buildings. In fact, the above 5 rooms in the upstairs are having an 'Asbestos' roofing, which according to the petitioner has been damaged and is leaking at different places. The petitioner wanted to change the same, to be replaced by 'Concrete' roofing and Ext. P2 application was filed in this regard before the first respondent for sanction. After considering the said application, the first respondent rejected the same as per Ext. P3 order dated 02.08.2010, on the ground that the building is situated in the CRZ area, as such, sanction of the second respondent (CRZ Management Authority) was necessary to have the application considered favourably.

(3.) The petitioner approached this Court challenging Ext. P3, contending that the idea and understanding of the first respondent Panchayat as to the scope of CRZ Notification and nature of the work sought to be done by the petitioner, for which sanction was sought for as per Ext. P2, was quite wrong and misconceived. It is stated that the buildings in question were there in existence even much before the issuance of the Notification and as such, no permission or sanction of the second respondent or any other authority is required under the 'CRZ Notification'. It is stated that changing of Asbestos roof by Concrete roof is only a 'repair', which does not involve any re- construction of the building to attract the 'Ban' under the Notification.