1. Constitution of National and State Coastal Zone Management Committees/Authorities and compliance with previous judicial directions. (Para 1 , 2 , 3 )
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1998 Supreme(SC) 1478
SUPREME COURT OF INDIA
S.C. Agrawal and S. Saghir Ahmad, JJ.
Indian Council For Envirolegal Action - Petitioner
Versus
Union of India & Ors. - Respondents
W.P. (C) No. 664 of 1998
Decided On : 17-7-1998
Mandatory constitution of State Coastal Management Committees/Authorities and compliance with court directions
Headnote:
Coastal Zone Management - State Coastal Management Committees - Court directs State Governments to constitute and file affidavits for the formation of Coastal Management Committees/Authorities
Fact of the Case:
The court directed the State Governments/Union Territories to file affidavits within four weeks, placing on record a copy of the order constituting the Coastal Management Committees/Authorities.
Finding of the Court:
The court found that except for the State of Maharashtra, such Coastal Management Committees/Authorities have been constituted in the Coastal States/Union Territories. The State of Maharashtra was directed to constitute the State Coastal Management Authority/Committee within four weeks and file an affidavit.
Issues: Constitution of State Coastal Management Committees/Authorities, Compliance with court directions
Ratio Decidendi: The court emphasized the need for the constitution of State Coastal Management Committees/Authorities and directed the respective State Governments/Union Territories to file affidavits within four weeks, placing on record the orders constituting the Committees/Authorities.
Final Decision: The court allowed time for filing affidavits and directed the State of Maharashtra to constitute the State Coastal Management Authority/Committee within four weeks and file an affidavit. The matter was scheduled to be put up after four weeks.
Legal Category Hierarchy
Table of Contents
2. Request for extension of time to file affidavits regarding the establishment of coastal management authorities and implementation of prior court directions. (Para 1 , 3 )
3. Most coastal states and union territories have constituted the required management authorities, though one state remains non-compliant. (Para 2 )
4. Time granted for filing affidavits; defaulting state directed to constitute its Coastal Management Authority within four weeks. (Para 1 , 2 , 3 , 4 )
5. What is the obligation of coastal states regarding the constitution of management authorities?
Coastal states and Union Territories are required to constitute State Coastal Management Committees/Authorities and submit the constituting orders to the court via affidavit. (Para 2 )
6. What is the requirement regarding the implementation of previous court directions in coastal management cases?
Parties are required to file affidavits detailing the specific steps taken to comply with previous judicial directions. (Para 3 )
JUDGMENT :
1. The learned ASG states that orders have been passed for constituting National Coastal Zone Management Committee/ Authority and he prays for four weeks time to file affidavit placing on record a copy of the said order. Time prayed for is allowed.
2. As regards the constitution of State Coastal Management Committees/ Authorities in the States/Union Territories it has been stated that except the State of Maharashtra such Authority/Committee has been constituted in the Coastal States/ Union Territories. The respective State Governments/Union Territories shall file an affidavit within four weeks placing on record a copy of the order whereby the Authority/Committee has been constituted. The State of Maharashtra is directed to constitute the State Coastal Management Authority/Committee in accordance with the direction given by this Court within four weeks and should file an affidavit placing on record a copy of the order constituting the Authority/Committee.
3. As regards Direction No. 4 in our order dated December 2, 1996 the learned ASG states that an affidavit will be filed within four weeks setting out the steps that have been taken with regard to the said direction.
4. Put up after four weeks.
