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 v. Union of India, 1996 (5) SCC 281, S. Jagannath v. Union of India, 1997 (2) SCC 87, and Vaamika Island v. Union of India and Ors., 2013 (2) 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 Rs. 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 of