The National Green Tribunal has observed that a structure built in the no-development zone but used for commercial purposes – whether it has been built prior to the CRZ Notification 1991 or subsequent to it – cannot be regularised or allowed to continue to exist.
Passing an order on an appeal, the NGT has said that a dwelling unit of a member belonging to the traditional coastal community is permissible under the CRZ Notification, 1991, which have been accorded formal approval by the concerned authority under the said notification, and such dwelling units are to be regularised.
However, such regularisation is subject to two conditions: firstly they are not be used for any commercial activities. Secondly, they are not to be sold or transferred to any non-traditional coastal community.
The NGT observed, “In view of the aforesaid provisions under CRZ Notification (as amended) in the
year 2011, it is clear that a structure which has been raised prior to 1991 is to be regularised subject to the condition that they are being used as dwelling houses and by traditional coastal community. In a situation where such structures have come into being after 1991, though may be used for dwelling purpose, are not to be regularised.”
The green watchdog, in the appeal filed by Prasad Naik related to a structure used for commercial activities in a CRZ area, observed that it is an admitted position that the structure in question is being used for commercial purpose. In the light of the relevant provision of law, a structure being used for commercial purposes whether prior to 1991 or subsequent to it cannot be regularised or allowed to continue.