Important Point—Bureaucrats and Ministers are custodians of Government property.

(PER R. G. KETKAR, J.)

By administrative order dated 25.08.2015 passed by the Hon'ble the Chief Justice, this Special Bench was reconstituted for hearing of above Petition and other connected matters from the Division Benches available at Original/Appellate Side. In pursuance thereof, we have heard Mr. Navroz Seervai, learned Senior Counsel for petitioners, Mr. R. S. Apte, learned Senior Counsel for respondent No.1, Mr. Daraius Khambata, learned Senior Counsel for respondent No.6, Mr. Shailesh Shah, learned Senior Counsel for respondents No.7 and 8 and Mr. Toor, learned Counsel for BEST at length. At the request and by consent of the parties, the Petition is taken up for final hearing.

2. This Petition is instituted by Adarsh Co-operative Housing Society Limited (for short 'Adarsh Society') and one of its members under Article 226 of the Constitution of India against respondent No.1 - Union of India, Ministry of Environment and Forests (for short 'MOEF'), respondent No.2 - Mr. Jayram Ramesh, the then Hon'ble Minister of State holding independent charge of MOEF, respondent No.3 - Dr. Bharat Bhushan, Director, MOEF, respondent No.4 - Dr. Nalini Bhat, Advisor and Competent Authority appointed by MOEF, respondent No.5 - National Coastal Zone Management Authority (for short 'NCZMA'), respondent No.6 - Maharashtra Coastal Zone Management Authority (for short 'MCZMA'), respondent No.7 - State of Maharashtra and respondent No.8 - Secretary, Urban Development Department (for short 'UDD'), Government of Maharashtra.

3. By this Petition, petitioners have challenged -(i) recommendations made in the minutes of the 20th meeting of NCZMA convened on 11.11.2010 (exhibit-C, pages 81-85), (ii) show cause notice dated 12.11.2010 (exhibit-D, pages 89-95) issued by the respondent No.3 – Dr. Bharat Bhushan, Director MOEF, (iii) report dated 13.01.2011 (exhibit-E, pages 96-118) of respondent No.4 – Dr. Nalini Bhat, Advisor and Competent Authority appointed by MOEF, (iv) order dated 14.01.2011 (exhibit-F, pages 333-335) passed by respondent No.3 – Dr. Bharat Bhushan, Director, MOEF, and (v) order dated 16.01.2011 (exhibit-G, pages 336-337) passed by the respondent No.2-Mr. Jayram Ramesh, the then Hon'ble Minister, MOEF. The relevant and material facts, albeit topic-wise, giving rise to the filing of the present Petition, briefly stated, are as under:

(A) Notifications, Correspondence relating to C.R.Z.

4. In exercise of powers conferred by Section 3(1) and Section 3(2) (v) of the Environment (Protection) Act, 1986 (for short 'E.P.Act') and Rule 5(3)(d) of Environment (Protection) Rules, 1986 (for short ‘E.P.Rules'), MOEF issued Notification on 19.02.1991 (for short ‘1991 Notification') declaring coastal stretches as Coastal Regulation Zone (for short 'CRZ') prohibiting and regulating activities under the CRZ. Paragraph 2 thereof prohibits activities enumerated in clauses (i) to (xiii) within CRZ. Paragraph 3 thereof provides for regulation of permissible activities. Paragraph 4 thereof lays down the procedure for monitoring the enforcement. Paragraph 6(2) of Annexure-I lays down norms for regulation of activities.

5. On 27.09.1996, MOEF approved Coastal Zone Management Plan (for short 'CZMP') for Maharashtra. MOEF issued Notification dated 09.07.1997 (for short 1997 Notification), amending the 1991 Notification. On 12.11.1997, Principal Secretary to Government of Maharashtra addressed a letter to the Municipal Commissioner of Municipal Corporation of Greater Mumbai (for short 'Corporation') wherein it was clarified that the total development permission cannot be stopped in CRZ area. Municipal Commissioner was requested to scrutinize the proposals as per 1991 Notification, subsequent letters dated 27.09.1997 and 1997 Notification. It was further set out therein that the development proposals within a CRZ area in which investment exceeds rup