J.M. Panchal, J. - (1.) By filing this petition under Article 32 of the Constitution, the petitioners have prayed to declare that the building plans sanctioned and constructions made and on- going constructions pursuant to the Coastal Regulation Zone Notification dated February 19, 1991 as amended by the Notification dated August 16, 1994 issued by the Central Government are valid.
(2.) The relevant facts emerging from the records of the case are as under: The Petitioner No. 1 is owner of the land situated near river Zuari at Goa. It submitted plans in the year 1993 for construction of a hotel and residential complex. The Central Government, through Ministry of Environment and Forests ('MOEF', for short), issued Coastal Regulation Zone Notification dated February 19, 1991 in exercise of powers under Rule 5(d) of the Environment (Protection) Rules, 1986. As per the said notification, the area upto 100 meters from the High Tide Line was earmarked as 'No Development Zone' and no construction was permitted within this zone except for repairs etc. However, the Central Government issued another notification on August 16, 1994 amending notification dated February 19, 1991 and relaxing the 'No Development Zone' to 50 meters from 100 meters. In view of the said relaxation, the petitioners who had earlier obtained construction permissions in respect of a project beyond 100 meters, submitted an additional proposal to the Panchayat of Village Curca, Bambolim & Taloulim, Taluka Tiswadi, Goa for construction of 18 blocks between 50 meters and 100 meters. The Village Panchayat referred the matter to the Town and Country Planning Authority, as required under the Rules for technical evaluation. The Town and Country Planning Authority approved the abovementioned additional construction to be made between 50 meters and 100 meters vide order dated July 31, 1995. Based on this approval, vide its order dated July 31, 1995, the Village Panchayat sanctioned the plans and granted permission to construct. It is the case of the petitioners that they had commenced construction in accordance with newly approved plans which were revalidated from time to time and are valid till this date.
(3.) An NGO by the name of Indian Council for Enviro-Legal Action filed a public interest litigation in this Court under Article 32 of the Constitution against the Union of India making prayer to direct the Central Government to implement notification dated February 19, 1991 by which CRZs were formed and restrictions on development were placed. The grievance made was that the non-implementation of the said notification had led to continued degradation of ecology. In the said petition, Goa Foundation, a society registered under the Societies Registration Act, 1960 filed an application challenging the vires of notification dated August 16, 1994 by which main notification dated February 19, 1991 was amended. This Court took into consideration the salient features of the main notification dated February 19, 1991 and noticed that the said notification was issued to ensure that the development activities were consistent with the environmental guidelines for beaches and coastal areas and, therefore, by the said Notification, restrictions on the setting up of industries which had detrimental effect on the coastal environment were imposed. The Court thereafter proceeded to examine validity of notification dated August 16, 1994. After noticing that six amendments were made in the main notification, this Court found that reduction of the ban on construction from 100 meters to 50 meters was illegal and power given to the Central Government for relaxation of developmental activities in the entire 6,000 kilometers long coast line was unbridled and capable of being abused. Thus, by judgment dated April 18, 1996 which is reported as Indian Council for Enviro-Legal Action v. Union of India, (1996) 5 SCC 281, the abovementioned two amendments were held to be bad in law by this Court. From the final directions given by this Court in paragraph 47 of the judgment, it is evident that this Court partly accepted the petition by striking down two amendments which were introduced by notification dated August 16, 1994. From paragraph 39 of the judgment, it transpires that during the course of arguments, the learned Additional Solicitor General of India brought to the notice of this Court, the fact that construction had already taken place along such rivers, creeks etc. at a distance of 50 meters and more. This Court observed that there could not have been uniform basis for demarcating 'No Development Zone' and it would depend upon the requirements by each State Authority concerned in their own management plan, but no reason had been given as to why in relation to tidal rivers, there was a reduction of the ban on construction from 100 meters to 50 meters. This Court also took into consideration the fact that no explanation had been given in the affidavit filed on behalf of the Union of India as to why the construction was permitted at a distance of 50 meters and more along rivers, creeks etc. This Court found that reduction of the ban on construction from 100 meters to 50 meters would permit new constructions to take place and, therefore, the reduction could not be regarded as a protection only to the existing structures. Further, this Court noticed that there was absence of a categorical statement in the affidavit to the effect that such reduction would not be harmful or result in serious ecological imbalance. The Court expressed its inability to conclude that the amendment was made in the larger public interest and was valid. The said amendment was held to be contrary to the object of the Environment Act and found not to have been made for any valid reason. Thus, the two amendments out of six amendments introduced by the amending Notification were declared to be illegal.;