PIEDADE FILOMENA GONSALVES versus STATE OF GOA AND ORS.

PIEDADE FILOMENA GONSALVES versus STATE OF GOA AND ORS.

The appellant's construction was raised without permission and within 200 metres of the High Tide Line, violating the Coastal Regulation Zone Notification. Such unauthorised construction cannot be regularised, and therefore no fault can be found with the High Court’s order for demolition.

Source-derived case information.

Parties
Appellant: Filomena Gonsalves; Respondents: State of Goa and Ors.
Jurisdiction
India
Judgment Date
11 March 2004
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeals dismissed
Legal Topics
Coastal Regulation, Unauthorised Construction, Environment Protection
Environmental Law Coastal Regulation Unauthorised Construction Environment Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Filomena Gonsalves

Appellant

State of Goa and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the appellant’s construction violated Coastal Regulation Zone Notification
  2. 2 Whether construction without permission in coastal area can be regularised

Ratio Decidendi

The appellant's construction was raised without permission and within 200 metres of the High Tide Line, violating the Coastal Regulation Zone Notification. Such unauthorised construction cannot be regularised, and therefore no fault can be found with the High Court’s order for demolition.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed
  • No relief granted to appellant