Former bureaucrat wants Centre to demolish Rushikonda palace, recover cost from AP Govt.

VISAKHAPATNAM: Former Secretary to the Government of India E A S Sarma in a letter addressed to Leena Nandan, Secretary, Union Ministry of Environment, Forests and Climate Change (MEFCC) demanded the demolition of the illegal structures built on Rushikonda here in Visakhapatnam in the name of tourism development by the Andhra Pradesh Government.

The former bureaucrat in his letter dated July 14, 2023, requested the Ministry to revoke the Coastal Regulation Zone (CRZ) approval given to AP Tourism Development Corporation (APTDC) for modifying its tourist facility atop Rushikonda Hill in Visakhapatnam.

He said that the APTDC committed multiple violations in respect of the conditions stipulated in the CRZ approval order, infringing the CRZ notification by undertaking construction in the other parts of the CRZ area without prior approval, for dumping construction waste unauthorisedly in CRZ stretches along the sea and violating the condition stipulated by the apex court regarding the extent beyond which APTDC should not undertake construction.

“Evidently, under instructions from the earlier Government in the State, the officers of APTDC not only kept the public in the dark about the happenings within the said complex but also failed to make an authentic disclosure of the facts in the ongoing proceedings before the AP High Court,” he said.

The expert committee constituted by the High Court surveyed the area and was reported to have determined the additional extent to which APTDC undertook construction in violation of the CRZ conditions. “Now that there has been a change in the government in the State, the true state of affairs at the tourism complex has come to light,” Sarma pointed out.

He said that there should be no doubt that the State government and its senior officers, including those in APTDC, showed scant respect for the law of the land, namely, the Environment (Protection) Act and the CRZ Notification, behaved in a high-handed manner, undertook unauthorised construction activity at a huge cost to the public exchequer, knowing well that such construction activity clearly infringed those laws.

He recalled the observations of the Supreme Court in civil appeals 4784-4785, 4786-89 & 4790-93 of 2019 about the Meradu apartments case in Kerala, the apex court on May 8, 2019, while ordering the demolition of the Meradu apartments which came up in violation of the CRZ Notification.

"The Notification issued under the Environment (Protection) Act is meant to protect the environment and bring about sustainable development. It is the law of the land. It is meant to be obeyed and enforced. As held by the Apex Court, construction in violation of the Coastal Regulation Zone Regulations is not to be viewed lightly, and he who breaches its WP(C).NO.19564/11 & CON.CASES 24 terms does so at his peril, “ the Supreme Court observed.

The Court further said: “The fait accompli of constructions being made which are in the teeth of the Notification cannot present, but a highly vulnerable argument. We find that the view taken by the Kerala High Court in the aforesaid decision is appropriate. Permission granted by the Panchayat was illegal and void. No such development activity could have taken place. Given the findings of the Enquiry, Committee, let all the structures be removed forthwith within one month from today and compliance be reported to this Court."

Sarma requested the Ministry to respect the apex court's observation and direction in that case and adopt the same approach to the Rushikonda complex, by ordering the demolition of the structures/ portions of the structures that came up in violation of the CRZ Notification and the stipulation made by the court in respect of the maximum extent beyond which no construction should be undertaken in Rushikonda.

“The Ministry should hold all those in the State Government responsible for such a blatant violation and recover the cost of demolition and all other consequential costs plus a deterrent penalty from them personally,” he said.

Pointing out that the AP CZMA had become dysfunctional in the State, becoming a mute spectator and a party to widespread CRZ violations along the coast of the State should be held liable for the statutory violations and the consequent environmental damage.