‘Law above you’: Andhra Pradesh High Court orders state-run body to demolish resort in Visakhapatnam CRZ zone

Chief Justice Dhiraj Singh Thakur and Justice R Raghunandan Rao noted that despite multiple notices, no valid permissions were produced.

“This Court has to disabuse the Petitioner from the notion that the law of the land does not apply to State entities. The adage, ‘Howsoever high you may be, the Law is above you’ is valid in this day and time also. It is unfortunate that such contentions are being raised,” the Andhra Pradesh High Court said, adding that constructions raised in Coastal Regulation Zone (CRZ) areas without statutory approvals are illegal and must be removed.

Coastal project under challenge

• The petitioners alleged that tourism authorities, in collaboration with private leaseholders, had developed a tourism hub over approximately 2.4 acres, including a resort, restaurant, and bar facilities, in violation of CRZ norms.
• They argued that the constructions came up on the seaward side of the road leading to Bheemunipatnam, where earlier government directions and judicial orders had prohibited such activity.
• According to the plea, what began as a small facility for visitors to the Thotlakonda Buddhist site had expanded into a full-fledged commercial resort with permanent structures, posing environmental risks to the coastal ecosystem.

Absence of permissions decisive

• A key factor in the Andhra Pradesh High Court’s ruling was the admitted lack of statutory building permissions.
• The Greater Visakhapatnam Municipal Corporation (GVMC) issued a speaking order on November 19, 2025, directing the removal of the structures within two weeks after finding that neither the Tourism Development Corporation nor its leaseholder had obtained the approvals required under municipal law.
• The high court bench noted that despite multiple notices and opportunities given during 2025, no valid permissions were produced.
• It rejected the corporation’s argument that the project, being a government initiative, should be treated differently from private unauthorised constructions.

• The leaseholders contended that revised norms under the CRZ notification, 2020, would legitimise the structures.
• However, the Andhra Pradesh High Court clarified that these revised regulations had not been notified or implemented by the state; therefore, the CRZ Notification, 2011 continued to apply.
• Under these norms, construction in the designated “No Development Zone” is prohibited.

Natural justice claim rejected

The APTDC also challenged the demolition order on grounds of violation of natural justice, claiming it had not been given a fair hearing.

The Andhra Pradesh High Court dismissed this contention, noting that notices had been issued and explanations sought well before the final order, and that adequate opportunity had been provided.

“There is no violation of principles of natural justice as the Tourist Development Corporation was given adequate opportunity, in the year 2025 itself. As no building permission was obtained by the Tourism Corporation, it must be held that all these structures are clearly illegal and require to be removed,” the bench said.

Directions to demolish

Allowing the PIL and dismissing the APTDC’s writ petition, the Andhra Pradesh High Court directed the GVMC commissioner to implement the demolition order dated November 19, 2025 within three weeks from receipt of the judgment. No costs were imposed.

In a strong observation, the high court stressed that state instrumentalities cannot claim immunity from compliance with the law, underscoring that statutory requirements and environmental safeguards must be strictly enforced, particularly in ecologically sensitive coastal zones.