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2003 Supreme(Ker) 123

JAWAHAR LAL GUPTA, M.RAMACHANDRAN
Citizens Interest Agency – Appellant
Versus
Lakeshore Hospital And Research Centre Pvt. Ltd. – Respondent


Judgment :-

1. Should the buildings - A 350 bed hospital and the show room, be ordered to be demolished? Have respondent No. 7 and 8 raised construction in violation of the notification, dated February 19, 1991 issued by the Central Government under S. 3 of the Environment (Protection) Act, 1986? This is the primary issue that arises for consideration in the three petitions, viz., O.P. 34936 and 38089 of 2001 and 22314 of 2002. The other three petitions have been filed by respondent Nos. 7 to 9 apparently as a counter-blast. They challenge the validity of National Coastal Zone Management Plan issued by the State of Kerala. Counsel for the parties have referred to the facts as averred in O.P. No. 38089 of 2001. These may be briefly noticed.

2. The petitioner claims to be a resident of Village Nettoor in District Ernakulam. He claims to be interested in the environment and its protection. He asserts that the ecological balance in the coastal area has to be maintained. The authorities are not performing their duties. The building have been constructed in violation of law. Thus, he has approached this Court in public interest and in the discharge of his duties under Art. 48A of the Cons



































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