Change in Occupancy - Denial of certificate - CRZ - NDZ Area - Legality

 It is an admitted fact that, no new constructions are permissible in NDZ of CRZ III areas (Panchayaths). However, the repairs or reconstruction of existing authorised structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification are permissible. These wordings are from 2011 notification. 

Therefore, on a plain reading, if the activities are not within in the permissible list, whether the repair or reconstruction is possible ? 

Or the change in occupancy of an existing building is possible for running of a business in the said building situated in CRZ area ?

These questions are answered negatively by the decisions of KCZMA even in case of home stay, which is a permissible activity as per 2019 Notification. The said decision is uploaded as image file. 

Now the question is whether the action of KCZMA denying the application for change in occupancy is legally sustainable? 

It is an an admitted fact that the existing legally valid structures are not affected by CRZ Notification. The first Notification was in 1991. An existing building during those time is not affected by NDZ. But is it possible to repair or reconstruct it if it is to use for a commercial purpose ? That issue is answered in negative by KCZMA in the above said instance. There are other instances also. 

Whether there is any possible way out for change in occupancy is a matter to be addressed legally by the Court of law or higher authorities. The legislative intention on relaxation of construction in the Notification is to ease the restriction on construction of dwelling houses of local inhabitants. But if any such existing construction is changed its occupancy for the livelihood or for rental purpose of the local inhabitant is a matter to be addressed. In 2019 notification, even new construction of dwelling houses are seen permissible with certain conditions incorporating disaster management and sanitation arrangements. The mooting point is whether the change in occupancy sought for, is for an activity which is permissible or not. 

On the other hand, on a different line of thought, taking account of the fact that since the existing activities in NDZ even if it does not fall within in the permissible activity list will not be affected by the CRZ Notification;  commercial activities ought to have been allowed by change in occupancy, provided there is no new construction or any other violation in the structure of building !