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1996 Supreme(SC) 2285

KULDIP SINGH, S.SAGHIR AHMAD, B.N.KIRPAL
Indian Council for Enviro-Legal Action – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Ms Seema Midha and K.R. Rajesekaran, Advocates
For the Respondents:Ms H. Wahi, P.K. Manohar, S.K. Sinha, R.K. Mehta, K.L. Taneja, C.V.S. Rao, S.K. Mehta, A.S. Bhasme, Ms M. Karanjawala, V. Krishnamurthi, Vineet Kumar, K. Ram Kumar, A. Mariarputham, R. Sasiprabhu, P.N. Puri, Kh. Nobin Singh, Ms Indu Malhotra, Ms Meenakshi Arora, Sanjay Parikh, Anip Sachthey, H.K. Puri, S.N. Bhat and Ms Ruby Ahuja, Advocates

ORDER :

Kuldip Singh, S. Saghir Ahmad and B.N. Kirpal, JJ.

1. Concern for the protection of ecology and for preventing irreversible ecological damage to 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 validity 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 the 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 coastline running into 6000 kms which has abundance of natural endowments, geographic attracti

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