The Bharatiya Janata Party (BJP) vice-president, Anil Hoble, who is also the owner of a bar and restaurant located at Morombi o Grande, Merces, failed to get any relief from the Supreme Court regarding his illegal structures, as the apex court recently dismissed his appeal. The bench comprising CJI T S Thakur, Justice A M Khanwilkar and Justice D Y Chandrachud held that the findings regarding the structures, recorded by the national green tribunal (NGT), and its directions are unassailable. The fact remains that the structure directed to be demolished by the tribunal, was obviously erected after February 19, 1991. That being an unauthorized structure, couldn’t be used for any purpose whatsoever and was required to be demolished, the panel of judges noted. Hoble had appealed before the apex court challenging NGT’s final judgement and order dated May 29, 2015, in a complaint filed by social activist, Kashinath Shetye and others.The complainants had alleged that the commercial building in Morombi o Grande, Merces, was illegally built within the CRZ(III) no development zone (NDZ), along River Mandovi, without requisite permission from authorities, was detrimental to the coastal ecosystem and river ecosystem. It was alleged that Hoble exerted political influence to facilitate construction of the unauthorized structure on the said plot. Hoble claimed that his structure existed prior to February 19, 1991, when the CRZ policy came into force and was being used as a garage. After buying the property and the structure on a registered sale deed dated August 3, 1992, its use as a motor garage and allied activity was continued initially. The same structure, after renovation, was used as a bar and restaurant. By laying a new roof and floor, it cannot be construed as a new construction within NDZ, he had argued. NGT had directed that all structures, including restaurant and bar/pub and allied structures on the land under survey No.65/1-A, or in Survey No.83/2-A, be demolished within six weeks from the order.
2016 Bennett, Coleman & Co. Ltd.