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2021 Supreme(Bom) 368

DIPANKAR DATTA, M.S.KARNIK
Vanashakti – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Venkatesh Dhond, Senior Advocate with Mr. Akash Rebello, Mr. Zaman Ali i/by Mr. Zaman Ali.
For the Respondents: Mr. Parag A. Vyas i/by A.A. Ansari, Mr. Milind More, Addl. Govt. Pleader, Ms. Sharmila Deshmukh.

ORDER :

Dipankar Datta, J.

1. The first petitioner is a public trust registered under the Bombay Public Trust Act, 1950. The second petitioner is a Director of the first petitioner.

2. By instituting this writ petition dated March 25, 2021 - in the Public Interest Litigation jurisdiction of this Court - the petitioners have mounted a challenge to a notification bearing no. G.S.R 37 (E) dated January 18, 2019 (hereafter “the impugned notification”) issued by the Ministry of Environment, Forest and Climate Change (hereafter “the Ministry”) in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (hereafter “the Environment Act”). Such notification purports to supersede the Coastal Regulation Zone Notification 2011 (hereafter “the 2011 Notification”) bearing no. S.O. 19(E) dated January 6, 2011.

3. Recitals in the impugned notification would reveal that the Ministry had received representations from various coastal States and Union Territories, besides other stakeholders, regarding certain provisions in the 2011 Notification related to management and conservation of marine and coastal ecosystems, developmen

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