News: Illegal structure can't stay to protect lessee: National Green Tribunal-17-04-2021
Illegal structure can't stay to protect lessee: National Green Tribunal
Kumar had filed an appeal before the tribunal stating that he had leased out the property to run a tourism business and wanted his interests safeguarded.
PANAJI: Stating that a person who has leased a property constructed in violation of laws cannot have higher rights than the person who has built the illegal structure, National Green Tribunal (NGT) dismissed an appeal filed by Sushil Kumar. Kumar had taken a property in Siolim on lease to operate a resort.
However, the Goa Coastal Zone Management Authority (GCZMA) issued orders last month to have the property sealed, finding it to be constructed in violation of Coastal Regulation Zone (CRZ) norms.
Additionally, the illegal structure was also found to have been constructed on government owned land.
Kumar had filed an appeal before the tribunal stating that he had leased out the property to run a tourism business and wanted his interests safeguarded.
“We have heard learned counsel for the appellant. His grievance is that the applicant is a licensee, who has taken the resort on rent to expand business for tourism. Violations are by the person from whom the applicant has taken the property on licence/rent. We do not find any merit in the appeal. The appellant cannot have higher right than the person from whom he has taken the property on licence/rent,” the tribunal ruled.
“The property being government property and constructions being illegal, in violation of the CRZ notification 1991, there is no merit in the appeal. Accordingly, the appeal is dismissed,” the tribunal said.
On March 26 this year, the GCZMA had directed sealing of the offending structure constructed by Mayur Kalidas Toraskar in Siolim. The authority had also ordered recovery of penalty of Rs 5 lakh for the illegal construction.
Directions were issued to the North Goa collector to reclaim the government land.
“There is a report of the collector that there was encroachment on government land. It was noted that Mayur Kalidas Toraskar along with Sushil Kumar had a commercial establishment which is operational. Lessor of the appellant Mayur Kalidas Toraskar admitted before authorities that he was tenant and not owner and that the land was government land,” the tribunal noted.
