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2018 Supreme(Bom) 2438
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
N.M. Jamdar, Prithviraj K. Chavan, JJ.
Goa Foundation, Through Its Secretary - Appellant
Versus
Goa Coastal Zone Management Authority - Respondent
Public Interest Litigation Writ Petition No. 26 of 2017
Decided On : 24-08-2018
Norma Alvares, Adv., D. Lawande, Adv., Pradosh Dangui, Adv., Rafiq Dada, Adv., Raju Subramaniam, Adv., Devidas J Pangam, Adv., Firdosh Puniwalla, Adv., J. Supekar, Adv., Rishit Badani, Adv.
Headnote:
Environment Protection Act 1986 - Environment Protection Act 1985 - Constitution of India,1950 - Article 21 - Protect Ecological Balance - Grant Of Sanction - Protect Coastal zones - Hotel construction is on coast - It is necessary to advert to concept of Coastal Zones - India has a rich coastal and marine ecosystems - Already fragile ecology of coastal regions of seas bays estuaries creeks rivers and backwaters if not protected is vulnerable to abuse - Degradation of coastal zone affects livelihood of millions - This in turn has an impact on economic growth - Thus Coastal ecosystems have economic as well as a social value - Those who seek to construct in such an areas have to demonstrate that construction will not harm environment - Such an entity must produce all relevant material - A failure to disclose appropriate content and information will invalidate grant of sanction - Lieutenant Governor of Goa objected to construction of Hotel - He pointed out that development was too close to River - He stated that Hotel would take away land required for public recreation - Captain of Ports wrote to Chief Town Planner that construction would be beyond highest high tide mark- He apprehended a hindrance to navigation - Captain of Ports suggested an undertaking be taken from Hotel to make necessary changes – Held, Supreme Court has held that enactment of a law but tolerating its infringement is worse than not enacting a law - tolerance of breach not only nullifies legal provisions but it also encourages further lawlessness- people through Parliament have promulgated laws to protect environment and save it for future generations to ensure a good quality of life - If laws are not being voluntarily obeyed n y have to be enforced for larger public good - Parliament has recognized that violation of environmental laws adversely affects quality of life - non enforcement results in ecological imbalance and degradation of environment - Thus it is clear that deliberately a situation of absence of data of 1991 is being created to avoid drawing High Tide Line - This is not a genuine case of missing data - It is an attempt to create an artificial situation to introduce a convoluted method to suit one particular establishment - Petition disposed of
JUDGMENT
N. M. Jamdar, J. - Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.
2. This Petition concerns a hotel in Goa called the Goa Marriott Resort. The Hotel is located near the Gaspar Dias Beach at Panaji, where the river Mandovi meets the Arabian Sea.
3. In the year 1993, The Goa Foundation filed a Writ Petition No. 333 of 1993 making a grievance that the Hotel breached the Coastal Regulation Zone restrictions. The Division Bench disposed of the Petition on 29 June 2015. The Court directed the authorities to draw a line parallel to the High Tide Line from the Light House, a structure nearby. The authorities were to determine whether any construction of the Hotel falls towards the river side of this line. After that to take necessary action against the Hotel. The Hotel was directed take all measures to prevent the erosion of the sand bank and the siltation of the river. The Hotel was directed to remove the obstructions to the access of the public to the beach.
4. The Goa foundation has filed the Petition with a grievance that the Authorities are circumventing the directions of this Court.
5. The Hotel construction is on the coast. It is necessary to advert to the concept of the Coastal Zones. India has a rich coastal and marine ecosystems. The already fragile ecology of the coastal regions of seas, bays, estuaries, creeks, rivers, and backwaters if not protected, is vulnerable to abuse. The degradation of the coastal zone affects the livelihood of the millions. This, in turn, has an impact on the economic growth. Thus the Coastal ecosystems have economic as well as a social value. A large number of people living by the coast depend on the natural resources for their livelihood. Poor planning and a lackadaisical approach can threaten the coastal ecosystems. The coastal areas had not received adequate protection inspite of their ecological diversity and the contribution to the national economy. Acknowledging this position, the Central Government issued a Notification on 19 February 1991 under the Environment Protection Act 1986 in respect the Coastal Regulation Zone. The CRZ Notification regulates and restricts the activities in the Coastal Regulation Zones. These regulations protect the ecological balance in the coastal area. The CRZ Notification has provided a categorisation of the coastal stretches into CRZ I, II, III and IV and has varying degrees of restrictions.
6. The Supreme Court has recognized and has emphasized the need to protect the coastal zones, through various decisions, such as Indian Council for Enviro-legal Action vs Union of India , (1996) 5 SCC 281, S. Jagannath vs Union of India , (1997) 2 SCC 87, and Vaamika Island vs Union of India and Ors. , (2013) 8 SCC 760 . Some of the principles laid down are that the State has a legal obligation to protect the coastal environment. Any development within the Zones must be as per the Notification. Those who seek to construct in such an areas have to demonstrate that the construction will not harm the environment. Such an entity must produce all the relevant material. A failure to disclose the appropriate content and information will invalidate the grant of sanction.
7. With these objects of the CRZ notification, we now turn to the case at hand.
8. An outline of the events that have occurred before the institution of the W.P. No.333 of 1993 and of its disposal, is necessary. It is as follows.
9. On 7 March 1977, the Government of Goa invited offers for construction of a hotel at Gaspar Dias Beach. The project proponent submitted its proposal on 28 March 1977. The Government of Goa and the project proponent executed a lease on 30 April 1979. The Government of Goa leased an area of 15,666 sq. metres to the lessee at an annual rent of 43,277.30. (The Lessee Hotel Management is hereafter is referred to as the Hotel). The State Government also acquired more plots for construction of the Hotel.
10. The then Lieutenant Governor o
