The main legal point established in the judgment is the importance of sustainable development and the enforcement of environmental regulations to protect the ecology in coastal areas.

THULASIDAS, J. :- We heard these Original Petitions together since common questions are involved.

2. W.P. (Civil) No. 664 of 1993 was filed by the Indian Council for Enviro Legal Action, a registered voluntary organisation, before the Supreme Court seeking orders or direction regarding the protection of ecology and for preventing irreversible ecological damage of the coastal areas of the country. The main grievance was that the Notification dt. 19-2-1991 which regulated the activities in coastal regulation zones had not been implemented or enforced, that has resulted in continued degradation of ecology in coastal areas. There was also a challenge to the validity of the Notification dt. 18-8-1991, whereby the earlier notification dt. 19-2-1991 was amended resulting in relaxation of certain provisions, which it was said, would defeat its scope and purpose. It was alleged that coastal areas have abundance of natural endowments, are highly complex and have dynamic eco-systems sensitive to development pressures if unchecked would cause serious irreversible damage of the flora and fauna, public health and environment. Several other grounds were also urged, which have been dealt with in the judgment of the Supreme Court dt. 18-4-1996, in which certain comprehensive directions were given for compliance. The Supreme Court also specifically directed enforcement of the C.R.Z. Notification issued under the Environment Protection Act, 1986, by the Central Government. I.A. Nos. 21, 22 in Writ Petition (Civil) No. 664 of 1993 was filed by Smt. Menaka Gandhi in which she referred to five projects which were coming up in the country, which it was alleged, were not in conformity with the environmental law of the land. It was submitted that there has to be sustainable developments, which should not be at the cost of ecology. The matter came up before the Supreme Court on different occasions and interim orders were passed. In the order dt. 7-11-1996 it was observed that :

"The contention raised by Mr. Mehta is that the 5 projects, namely Goshree Project in Kerala, Cogentrix Project in Karnataka, Sinarmas Pulp and Paper Project in Maharashtra, Bandra-Kurla Complex in Maharashtra and Sanghi jetty/cement Project in Kutch may be referred to an independent expert body for environmental clearance. In other words, what is stated is that Environmental Impact Assessment regarding these Projects should be got done through an Expert Body. We have no doubt that the States concerned must have already consulted Expert Bodies in the respective States before clearing the Projects. It was brought to our notice that even the Ministry of Environment and Forest, Government of India has given clearance to these Projects, subject to certain conditions.

So far as Goshree Project is concerned, one of the conditions indicates that the NEERI has to give its opinion regarding carrying capacity of the Project. Be that as it may, we are of the view that it would be in the interest of justice that all these Projects are examined by NEERI from the environmental point of view. Needless to say that the development projects must go on in the country, but at the same time - based on the principle of "Sustainable Development" - the viability of the Projects from environmental point of view has to be examined. We, therefore, direct NEERI through its Director, Dr. P. Khanna, to appoint necessary Teams of NEERI Scientists, who may visit the projects on the spot and after examining all the necessary aspects, including the conformity of the Projects with various Notifications issued by the Government of India regarding Coastal Zones Regulations, give its opinion and recommendations to the States concerned. Copies of the Report shall also be filed in this Court.

We further direct the State concerned to furnish copies of their Project/(s) along with all the Expert Opinions in support of the Projects to the NEERI either at Nagpur or in the Regional offices at Kochi and Bombay. This ma