MANJU ANILKUMAR Vs. CHERANALLOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners are aggrieved with Ext.P1 order issued by the Cheranalloor Grama Panchayat. The petitioners constructed a building with No Objection Certificate from the Grama Panchayat. However, when occupancy was sought for, the same was declined as per Ext.P1. The objection of the Panchayat was that, the CRZ notification was not complied with. The land in which the petitioners' construction came up is under CRZ-III and hence there could have been no construction carried on was the contention of the Panchayat.

(2.) The learned counsel appearing for the 1st respondent would seek to sustain Ext.P1. The learned Standing Counsel appearing for the 2nd respondent would submit that under 2011 CRZ Notification, a new Coastal Zone Management Plan (CZMP) will be prepared and approved by the Ministry of Environment Forest and Climate Change. It is also submitted that there was a draft published and then the same was withdrawn. Now again it is up for consideration. In such circumstances, it is only proper that the Panchayat number the building to facilitate which Ext.P1 is set aside. The Coastal Zone Management Authority-the 2nd respondent shall not take any proceedings against the building unless the same is found to be in violation of the master plan under the CZMP brought out under the Notification of 2011.

(3.) The writ petition is disposed of.