Kerala High Court
Suraj K.C vs Union Of India on 31 January, 2025
2025:KER:8230
WP(C) NO. 14551 OF 2023
& CONN.CASES
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 14551 OF 2023
PETITIONER:
BABISH P.C
AGED 43 YEARS, S/O. CHANDRABABU,
POTTASSERI HOUSE, SASTHRI ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
P.J.UNNIKRISHNAN
RENISH RAVEENDRAN
THAMANA BAI
LIGISH XAVIER
GOKUL DEVIS
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
ROOM NO. A- 338, 3RD FLOOR, AGNI BLOCK,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD,
NEW DELHI, PIN - 110003
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WP(C) NO. 14551 OF 2023
& CONN.CASES
2
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE,
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR
KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
4 THE ALAPPUZHA DISTRICT COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE DISTRICT
COLLECTOR, CIVIL STATION BESIDE ZILLA PACHAYATH
OFFICE, CIVIL STATION WARD, ALAPPUZHA,
KERALA, PIN - 688001
5 THE SECRETARY, AROOR GRAMA PANCHAYATH
AROOR GRAMA PANCHAYATH OFFICE, AROOR,
ALAPPUZHA, KERALA, PIN - 688534
6 THE AROOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY
AROOR GRAMA PANCHAYATH OFFICE, AROOR,
ALAPPUZHA, KERALA, PIN - 688534
BY ADVS.
PRAKASH M P
K.B.REKHA, SC
SMT.PREETHA.K.K, SR.G.P ,
SRI V.N.SANKARJEE, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31.01.2025, ALONG WITH WP(C).3125/2023,
3204/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 14551 OF 2023
& CONN.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 3125 OF 2023
PETITIONER:
KUMAR P.K.
AGED 38 YEARS
S/O. KUNJAPPAN, PANDARATHUNDIYIL,
MOOLAMPILLY, ERNAKULAM, PIN - 682027
BY ADVS.
SHERRY J. THOMAS
P.J.UNNIKRISHNAN
JOEMON ANTONY
ANTONY NILTON REMELO
GOKUL DEVIS
RENISH RAVEENDRAN
THAMANA BAI
LIGISH XAVIER
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
ROOM NO. A- 338, 3RD FLOOR, AGNI BLOCK,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD,
NEW DELHI, PIN - 110003
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WP(C) NO. 14551 OF 2023
& CONN.CASES
4
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
3 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
4 THE ERNAKULAM DISTRICT COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE DISTRICT
COLLECTOR, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
5 THE SECRETARY,
KADAMAKKUDY GRAMA PANCHAYATH,
KADAMAKKUDY P.O., ERNAKULAM,PIN - 682027
6 THE KADAMAKKUDY GRAMA PANCHAYATH,
KADAMAKKUDY P.O., ERNAKULAM - 682 027,
REPRESENTED BY ITS SECRETARY.
BY ADVS.
PRAKASH M P, SC
P.MOHANDAS(ERNAKULAM) P.
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
K.P.SATHEESAN (SR.)(S-242)
PREETHA K.K. SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31.01.2025, ALONG WITH WP(C).14551/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8230
WP(C) NO. 14551 OF 2023
& CONN.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 3204 OF 2023
PETITIONER:
SURAJ K.C
AGED 39 YEARS, S/O. CHANDRAN,
KARIPPURATH HOUSE, MOOLAMPILLY,
ERNAKULAM, PIN - 682027
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
P.MOHANDAS(ERNAKULAM) P.
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
K.P.SATHEESAN (SR.)(S-242)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
ROOM NO.A- 338, 3RD FLOOR, AGNI BLOCK,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD,
NEW DELHI, PIN - 110003
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WP(C) NO. 14551 OF 2023
& CONN.CASES
6
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
3 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR KSRTC
BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
4 THE ERNAKULAM DISTRICT COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE DISTRICT
COLLECTOR, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
5 THE SECRETARY, KADAMAKKUDY GRAMA PANCHAYATH
KADAMAKKUDY P.O., ERNAKULAM, PIN - 682027
6 THE KADAMAKKUDY GRAMA PANCHAYATH,
KADAMAKKUDY P.O. ERNAKULAM, PIN - 682027
REPRESENTED BY ITS SECRETARY.
BY ADVS.
PRAKASH M P, SC
P.MOHANDAS(ERNAKULAM) P.
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
K.P.SATHEESAN (SR.)(S-242)
DEEPA V., G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31.01.2025, ALONG WITH WP(C).14551/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8230
WP(C) NO. 14551 OF 2023
& CONN.CASES
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 6695 OF 2023
PETITIONER:
VINEETHA
AGED 33 YEARS, W/O. SURESH K.N,
KAITHARATH HOUSE, DEVASWOMPADOM,
VARAPPUZHA PANCHAYTH, PIN - 683517
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
P.J.UNNIKRISHNAN
THAMANA BAI
RENISH RAVEENDRAN
GOKUL DEVIS
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE
ROOM NO A 338, 3RD FLOOR, AGNI BLOCK
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD
NEW DELHI, PIN - 110003
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WP(C) NO. 14551 OF 2023
& CONN.CASES
8
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE,
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
4TH FLOOR KSRTC BUS TERMINAL, THAMPANOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
4 THE ERNAKULAM DISTRICT COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE DISTRICT
COLLECTOR, CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030, PIN - 682030
5 THE SECRETARY
VARAPUZHA GRAMA PANCHAYATH, WARD NO. 13,
CHETTIBHAGAM MAIN RD, VARAPUZHA, KERALA,
PIN - 683517
6 THE VARAPUZHA GRAMA PANCHAYATH,
WARD NO. 13, CHETTIBHAGAM MAIN RD,
VARAPUZHA, KERALA 683517, PIN - 683517
REPRESENTED BY ITS SECRETARY.
BY ADVS.
PRAKASH M P, SC
NIRMAL S
PREETHA K.K.SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31.01.2025, ALONG WITH WP(C).14551/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8230
WP(C) NO. 14551 OF 2023
& CONN.CASES
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 29484 OF 2023
PETITIONER:
RIYAS V.K
AGED 52 YEARS, S/O. MAMMAD HAJI,
VILAKKANAM KEEZHIL HOUSE, PAYYOLI ANGADI P.O,
KOZHIKODE DISTRICT, KERALA, PIN - 673523
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
ROOM NO. A- 338, 3RD FLOOR, AGNI BLOCK,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD,
NEW DELHI, PIN - 110003
2 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, 4TH FLOOR KSRTC
BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
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& CONN.CASES
10
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT (URBAN)
DEPARTMENT ROOM NO. 201A,2ND FLOOR, ANNEX I,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR/DISTRICT COMMITTEE, CRZ
WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM,
KOZHIKODE, KERALA, PIN - 673020
5 THE THURAYUR GRAMA PANCHAYATH OFFICE
PAYYOLI-PERAMBRA ROAD, THURAYUR,
KOZHIKODE DISTRICT, KERALA, PIN - 673523
REPRESENTED BY ITS SECRETARY
6 THE SECRETARY, THE THURAYUR GRAMA PANCHAYATH
OFFICE, PAYYOLI-PERAMBRA ROAD, THURAYUR,
KOZHIKODE DISTRICT, KERALA, PIN - 673523
7 KOZHIKODE DISTRICT COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE DISTRICT
COLLECTOR, KOZHIKODE WAYANAD ROAD,
CIVIL STATION,ERANHIPPALAM,KOZHIKODE,
KERALA, PIN - 673020
8 THE VILLAGE OFFICER
THURAYUR VILLAGE OFFICE,
KOZHIKODE,KERALA, PIN - 673522
BY ADV PRAKASH M P, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31.01.2025, ALONG WITH WP(C).14551/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 14551 OF 2023
& CONN.CASES
11
JUDGMENT
[WP(C) Nos.14551/2023, 3125/2023, 3204/2023,
6695/2023, 29484/2023]
In all these cases the petitioners are aggrieved by the
non consideration/rejection of their respective applications for
building permits by the respective Local Self Government
Institutions. The common issue in all these cases is that, the said
applications were rejected, as the properties of the petitioners fall
within the No Development Zone as per the stipulations contained
in Coastal Regulation Zone Notification 2011.
2. Today when the matter came up for
consideration, learned Counsels appearing for all the parties
submitted that, the new Coastal Zone Management Plan has been
notified as per Coastal Regulation Zone Notification 2019, which
came into force with effect from 16.10.2024. As per the new
Coastal Zone Management Plan, the criteria for identifying the No
Development Zone is different and according to the petitioners as
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WP(C) NO. 14551 OF 2023
& CONN.CASES
per the new criteria, the properties of the petitioners would fall
beyond the said zone and hence the legal impediment which was
in existence when the application submitted by the petitioners
were originally considered, is no longer in existence. Therefore,
the applications of the petitioners are to be reconsidered in the
light of the stipulations contained in the Coastal Zone
Management Plan duly notified with effect from 16.10.2024.
Besides, the learned Counsels also brought the notice of this
Court to the stipulations contained in Regulation 7(vi), which reads
as follows:
"(vi) Only for self-dwelling units up to a total
built up area of 300 square meters, approval
shall be accorded by the concerned local
Authority, without the requirement of
recommendations of concerned Coastal Zone
Management Authority and such authorities
shall, however, examine the proposal from
the perspective of the Coastal Regulation
Zone notification before according approval."
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& CONN.CASES
As per the same, in respect of self dwelling unit up to total built up
area of 300 square meters approval for construction can be
granted by the concerned local authority without requirement of
recommendations of the concerned Coastal Zone Management
Authority subject to the condition that the approval has to be
granted in terms of the Coastal zone Management Plan notified.
After considering all relevant aspects and hearing the
respective Counsels for the parties, I am of the view that, in the
light of the new Coastal Regulation Zone Notification, 2019 these
writ petitions can be disposed of. Accordingly, it is ordered that,
the respective orders issued by the Local Self Government
Institutions rejecting the applications submitted by the petitioners
for building permit shall stand quashed and there shall be a
direction to the competent authority of the Local Self Government
Institutions respectively to reconsider the application submitted by
the petitioners in the light of the Coastal Zone Management Plan
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WP(C) NO. 14551 OF 2023
& CONN.CASES
notified as per Coastal Regulation Zone Notification, 2019 and
grant the same, if it is otherwise in order. It is further clarified that,
if the proposed construction of the petitioners falls within the ambit
of Regulation 7(vi), it is not necessary to obtain the approval of the
Coastal Zone Management Authority.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
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WP(C) NO. 14551 OF 2023
& CONN.CASES
APPENDIX OF WP(C) 14551/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED NIL
Exhibit P2 THE TRUE COPY OF THE LETTER BY THE
SECRETARY AROOR GRAMA PANCHAYATH TO
THE PETITIONER, DATED 12-9-2022
Exhibit P3 THE TRUE COPY OF THE FORWARDING LETTER
ALONG WITH APPENDIX I FORM, DATED 20-
3-2023
Exhibit P4 THE TRUE COPY OF THE AMENDMENT DATED
1-5-2020 IN 2011 NOTIFICATION
Exhibit P5 THE TRUE COPY OF THE AMENDMENT DATED
26-11-2021 WHICH IS CARRIED OUT IN
2019 NOTIFICATION
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WP(C) NO. 14551 OF 2023
& CONN.CASES
APPENDIX OF WP(C) 3125/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TITLE DEED OF THE
PETITIONER DATED 23-2-2018
Exhibit P1A THE TRUE COPY OF THE TAX RECEIPT DATED
11.1.2023.
Exhibit P 2 THE TRUE COPY OF THE AADHAR CARD OF
THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR
BUILDING PERMIT DATED 18-10-2021
Exhibit P4 THE TRUE COPY OF THE SKETCH DATED NIL
Exhibit P5 THE TRUE COPY OF THE AMENDMENT DATED
5-5-2020 IN 2011 NOTIFICATION
Exhibit P6 THE TRUE COPY OF THE AMENDMENT DATED
26-11-2021
Exhibit P7 THE TRUE COPY OF THE JUDGEMENT IN
WP(C) NO. 25042/2022 DATED 13-10-2022
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WP(C) NO. 14551 OF 2023
& CONN.CASES
APPENDIX OF WP(C) 3204/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TITLE DEED OF THE
PETITIONER DATED 23.2.2018
Exhibit P1A THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 28-9-2021
Exhibit P2 THE TRUE COPY OF THE AADHAR CARD OF
THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR
BUILDING PERMIT DATED 19-10-2021
Exhibit P4 THE TRUE COPY OF THE SKETCH DATED NIL
Exhibit P5 THE TRUE COPY OF THE AMENDMENT DATED
1-5-2020 IN 2011 NOTIFICATION
Exhibit P6 THE TRUE COPY OF THE AMENDMENT DATED
26-11-2021 WHICH IS CARRIED OUT IN
2019 NOTIFICATION
Exhibit P7 THE TRUE COPY OF THE WP(C) NO.
25042/2022 DATED 13-10-2022
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& CONN.CASES
APPENDIX OF WP(C) 6695/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TITLE DEED OF THE
PETITIONER DATED 18-9-2014
Exhibit P1A THE TRUE COPY OF THE TAX RECEIPT DATED
23-7-2022
Exhibit P2 THE TRUE COPY OF THE RATION CARD OF
THE PETITIONER'S MOTHER
Exhibit P3 THE TRUE COPY OF THE RECEIPT OF
APPLICATION FOR BUILDING PERMIT DATED
12-8-2022
Exhibit P4 THE TRUE COPY OF THE SKETCH DATED 17-
5-2018
Exhibit P5 THE TRUE COPY OF THE AMENDMENT DATED
5-5-2020 IN 2011 NOTIFICATION
Exhibit P6 THE TRUE COPY OF THE AMENDMENT DATED
26-11-2021, WHICH IS CARRIED OUT IN
2019 NOTIFICATION
Exhibit P7 THE TRUE COPY OF THE WP(C) NO.
25042/2022 DATED 13-10-2022
Exhibit P8 THE TRUE COPY OF LETTER DATED
25.1.2023
RESPONDENT EXHIBITS
Exhibit R5(a):- true copy of the report of the 5th
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respondent, Panchayath Secretary dated
07/03/2022
Exhibit R5(b):- The true copy of the site plan signed
by Overseer, Panchayath dated nil
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APPENDIX OF WP(C) 29484/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LOCATION
SKETCH/PLAN ISSUED BY THE VILLAGE
OFFICER ON 04/02/2021 VIDE
NO.33/2021(2)
Exhibit P2 THE TRUE COPY OF THE CONSTRUCTION
DETAILS SUBMITTED BEFORE THE 5TH
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE REQUEST SUBMITTED
BY THE PETITIONER BEFORE THE 5TH
RESPONDENT DATED 20/03/2020
Exhibit P3A THE TRUE COPY OF THE FORM I (ANNEXURE
IV) FOR SEEKING CLEARANCE FOR PROJECT
ATTRACTING CRZ NOTIFICATION DATED
20/03/2021
Exhibit P4 THE TRUE COPY OF THE LETTER FORWARDED
BY THE 5TH RESPONDENT TO THE 2ND
RESPONDENT DATED 20/03/2021
Exhibit P5 THE TRUE COPY OF THE REQUEST SUBMITTED
BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 22-3-2021
