The southern bench of the National Green Tribunal dismissed a review application filed by GRT Hotels and Resorts Pvt. Ltd challenging its judgment in April directing the demolition of 1,100 sq. metres of the resort premises at Mamallapuram falling within 0-200 metres of the No Development Zone and imposing an environmental compensation of ₹10 crore.
The NGT had restrained the resort from using the portion of the hotel in the 200-500 metres high tide line till it was rectified.
The company moved the review application claiming that the disputed area did not fall under the CRZ-III but under the CRZ-II where construction activities were permitted towards the land side. The company claimed that some of the construction were made prior to 1991 that were exempted and the compensation of ₹10 crore “redefining” the number of days of violations was against the law.
The Bench said a joint committee appointed by the tribunal had gone into these issues. Although detailed objections were filed, there was no dispute raised regarding the zone and they [GRT] had even admitted that it was falling under the “no development zone” and had undertaken to demolish the same by themselves,” the Bench said. It was after considering the report and the admission made by the parties that the order was passed.
The Bench said it was seen from the documents submitted by the company itself that the environment clearance cum coastal regulation zone clearance was granted for this expansion in 2006 and at that time the relevant CRZ notification was CRZ notification, 1991 and not CRZ notification, 2011 as contended by the applicant.
“If the constructions were not permissible under the then existing rules, the review applicant cannot rely upon the subsequent change in the CRZ rules for getting the construction protected. It is not permitted under the clearance granted,” the Bench said.
