CHENNAI: The southern bench of the National Green Tribunal (NGT) dismissed the review application filed by GRT Hotels and Resorts Private Limited, Mahabalipuram, which is facing partial demolition and liable to pay Rs 10 crore environmental compensation for violating Coastal Regulation Zone (CRZ) rules.
The NGT, in its order dated April 9 last month, had directed demolition of 1,100 sq.m falling within 0-200 metres from High Tide Line (HTL), which is a No Development Zone and restraining them from using the portion of the hotel in the 200-500 metres of HTL area till it is approved by the authorities concerned.
It is alleged in the review application that the disputed area does not fall under CRZ-III but under CRZ-II where construction activities are permissible towards the land side as per CRZ Notification, 2011. Further, some of the constructions were made prior to 1991 which are exempted and the compensation of Rs 10 crores was awarded by the tribunal against law.
Taking up the application, judicial member Justice K Ramakrishnan did not find merit on the grounds on which the review application was filed. "It may be mentioned that a joint committee was appointed by this tribunal. After considering the construction and the Coastal Zone Management Plan found that the construction is falling within CRZ-III zone, namely, 'No development zone' falling within 0-200 metres from the High Tide line. Though, detailed objections were filed, there was no dispute raised regarding the zone and they (hotel) have even admitted that it is falling under the 'No development zone' and had undertaken to demolish the same by themselves, it was after considering the report and the admission of the parties that the direction was given," the NGT said, while disposing of the review
application.
Further, it is seen from the documents relied on by the GRT Hotels themselves that the environment clearance cum coastal regulation zone clearance was granted for this expansion in the year 2006 and at that time the relevant CRZ Notification is CRZ Notification, 1991 and not CRZ Notification, 2011 as contended in the review application.
"If the constructions were not permissible under the then existing rules, the review applicant cannot rely upon the subsequent change in the CRZ zone for getting the construction protected. It is not permitted under the clearance granted. No new points are expected to be raised by way of review application which have not been raised at the relevant time," the bench said.
The bench said there is no evidence produced on the side of GRT Hotels before this tribunal that any of the constructions for which they sought exemptions were in existence prior to 1991. "So under such circumstances, the finding arrived at by this tribunal on the basis of the evidence on record need not require any re-consideration by way of review," the NGT said.
The tribunal said the hotel can challenge the order by filing an appeal, but not by filing a review application. "The applicant is not entitled to re-agitate new issues and ask for re-hearing of the matter in a review application. There is no error apparent on the face of the record, which requires review of the judgement. There is no merit in the application. So the same is liable to be rejected," the NGT concluded.