SHANTHI KRISHNAN, VICE PRESIDENT, KALAKSHETRA COLONY WELFARE ASSOCIATION (REGN. NO. 8 Vs. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed to quash the order passed by the fifth respondent dated 02.03.2005 in G.O.(3D) No. 2 in Appeal No. 43194/UD-1/2004 and issue a consequential direction directing the respondents to demolish all construction at Plot Nos. 1, 2, 6 and 7 and forbear from putting up any construction on the seaward side of Coastal Road, Kalakshetra Colony, Chennai-600 90.

(2.) The facts leading to the filing of this writ petition are as under:

(3.) The learned counsel for the petitioner has submitted that the order passed by the appellate authority suffers from infirmities of law and fact and the same deserves to be set aside. He contended that the appellate authority failed to note that irreversible and irretrievable harm will be caused to the environment by the continuing construction. The appellate authority also failed to take note of the fact that the relevant authorities have also held that these plots are prohibited for construction by virtue of CRZ Notification. The appellate authority had committed an error in concluding that the planning permissions are issued in conformity with the Development Control Rules of CMDA. The appellate authority had committed an error in inferring that there is no violation of Coastal Regulation Zone II and that the permission was granted after following the rules and also the CRZ Notification dated 19.02.1991 and the amendments dated 09.07.1997. The appellate authority has erred in deciding the matter merely on the ground that the construction of the building is in pursuance of the sanctioned plan issued by the competent authority, according to the learned counsel for the petitioner.