A court in Maharashtra’s Ratnagiri on Tuesday 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.
The district court at Khed in Ratnagiri stated in the order passed on November 4, this is not just the case of flouting construction laws, but the plaintiff (Kadam) has violated the provisions of Coastal Regulation Zone rules and regulations.
It added that, if construction of such a structure is protected, then it would amount to illegality by the court.
Kadam purchased the plot from Parab and constructed the resort.
In June 2021, a notice of demolition was issued by the Ratnagiri collector as it didn’t have requisite permissions.
Later, Kadam 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 stated that if construction of such a structure is protected, then it would amount to illegality by the court.
The court stated Kadam constructed the property “at his own peril.”
The court stated, “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.”
Referring to an earlier Supreme Court order, the district court said that the law of the land has to be obeyed and enforced.
The court stated relying on the apex court order, “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.”
“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.
It further said that Kadam has carried out the construction without taking permission of the authorities concerned and beyond the limits of sanctioned plan.
The court stated that Kadam will not suffer an irreparable loss as he has a legal efficacious remedy to approach to the National Green Tribunal.
The order said, “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 government claimed the Sai Resort was illegal as it didn’t have the requisite permissions and there were CRZ norm violations.
Kadam purchased the plot from Parab as he couldn’t take care of the same. Kadam claimed the resort wasn’t constructed illegally and all permissions were taken.
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, it said that the present owner (Kadam) constructed a ground-plus-2-storey structure.
The court said, “It is crystal clear that the construction is more than the sanctioned plan.”
It further stated that 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.
The order said, “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.”
