Lake Palace Hotels and Motels Pvt. Ltd. v. T. Srinivasan and Others
Background
The High Court had set aside permission for alterations and construction at a hotel property near Pichola Lake in Udaipur, believing it lay in a prohibited construction zone. During the hotel's appeal, the Supreme Court sought information from the municipal authority and the National River Conservation Directorate. Those authorities supplied the property's actual location, applicable building restrictions and arrangements for sewage treatment.
Decision Breakdown
The Supreme Court allowed the appeal to the extent of permitting construction and alterations approved by the authorities. Their evidence showed that the site was beyond the lake's full tank level and within a sub-zone where the proposed work could be approved. The stated built-up area was below the threshold requiring environmental clearance under the 2006 notification, and the authorities reported compliance with the relevant lake and building requirements. The permission depended on the approved work and the hotel's undertaking, rather than authorising unrestricted development near the lake.
Lesson Learnt
A challenge to building permission near a protected lake can turn on the exact site boundary, applicable zone and proposed work. This hotel could proceed with its approved alterations because the relevant authorities established compliance on those specific facts.