B.N.KIRPAL, KULDIP SINGH, S.SAGHIR AHMAD
Indian Council For Enviro Legal Action – Appellant
Versus
Union Of India – Respondent
The court's ratio decidendi is that laws enacted for environmental protection must be effectively enforced, and passive or active condonation of violations encourages lawlessness, thus requiring courts to issue directions to ensure compliance. Additionally, enforcement responsibilities primarily lie with executive authorities and high courts, which should address violations within their territorial jurisdictions to prevent ecological damage and uphold constitutional rights.
ORDER
Concern for the protection of ecology and for preventing irreversible ecological damage of the coastal areas of the country has led to the filing of the present petition under Article 32 of the Constitution of India as a public interest litigation.
2. The main grievance in this petition is that a notification dated 19.2.1991 declaring coastal stretches as Coastal Regulation Zones (hereinafter referred to as the Regulation Zones ) which regulates the activities in the said zones has not been implemented or enforced. This has led to continued degradation of ecology in the said coastal areas. There is also a challenge to the valicity of the Notification dated 18.8.1994 whereby the first Notification dated 19.2.1991 has been amended, resulting in further relaxations of the provisions of 1991 Notification and such relaxation, it is alleged, will help in defeating the intent of the main notification itself.
3. The petitioner is a registered voluntary organisation working for the cause of environment protection in India. India has a coast line running into 6,000 K.Ms. which has abundance of naturla endowments, georaphic attractions and natural beauty. According to the petitioner, the
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