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2010 Supreme(SC) 281

J.M.PANCHAL
Goan Real Estate & Construction Ltd. – Appellant
Versus
Union of India through Secretary, Ministry of Environment – Respondent


JUDGMENT

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 th
















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