Court finds that coastal constructions tagged under outdated regulations must be reassessed under current environmental guidelines, ensuring compliance with local laws and sustainable practices.

JUDGMENT

[WP(C) Nos.32639/2015, 1078/2009, 4659/2010, 5252/2010, 29/2017, 6678/2009, 6481/2010, 11469/2010, 13882/2010, 8690/2016, 14315/2008, 14334/2008, 12311/2014, 18087/2009, 14092/2015, 18656/2008, 19291/2009, 19508/2009, 20265/2009, 21019/2009, 21658/2009, 15897/2017, 22372/2008, 24802/2009, 27498/2009, 28168/2009, 28199/2012, 28895/2009, 30962/2009, 30371/2008, 36599/2009, 32697/2016, 35415/2017]

1. Litigation in the nature of various writ petitions laying challenge to the action taken by the Panchayat and various other Authorities for withdrawing the permits issued for the purpose of construction of residences, shops and other commercial establishments are pending in this Court.

2. Before dealing with the matters individually prelude of the controversy leading to promulgation of various notifications by the Central Government on the basis of the power vested in Environmental Law is required to be mentioned.

3. In 1982 working groups were set up by the Ministry of Environment and Forests with the aim to prepare ‘Environmental Guidelines’ for the development of beaches and coastal areas requiring the State Governments to prepare a status report for obtaining situation of the coastal areas, as a pre-requisite to environmental management of the area which was required to be followed by a ‘Master Plan’ identifying the areas required for conservation, preservation, development and other activities.

4. The Ministry of Environment and Forests after having invited objections and considering the objections, issued a notification dated 19th of February, 1991 in exercise of the powers conferred on it by clause (d) of sub-rule (3) of Rule 5 of the Environment Protection Rules, 1986 .

5. The said notification declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (hereinafter referred to as ‘HTL’) and land between Low Tide Line (hereinafter referred to as ‘LTL’) as Regulation Zones.

6. Various restrictions for setting up and expansion of industries, operation or processes were imposed and it was clarified that for the purpose of implementation of the notification HTL was required to be defined as the line up to which the highest high tide reaches at springtime.

7. The salient features of the Notification were as under:-

"(i) setting up of new industries and expansion of existing industries, except those directly related to waterfront or directly needing foreshore facilities;

(ii) manufacture or handling or storage or disposal of hazardous substances as specified in the notifications of the Government of India in the Ministry of Environment and Forests No. SO 594(E) dated 28-7- 1989, SO 966(E)

dated 27-11-1989 and GSR 1037(E) dated 5-12-1989:

(iii) setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying permitted areas);

(iv) setting up and expansion of units mechanisms for disposal of wastes and effluents, except facilities required for discharging treated effluents into the watercourse with approval under the Water (Prevention and Control of Pollution) Act, 1974 except for storm water drains;

(v) discharge of untreated wastes and effluents from industries, cities or towns and other human settlements; schemes shall be implemented by the authorities concerned for phasing out the existing practices, if any, within a reasonable time period not exceeding three years from the date of this notification;

(vi) dumping of city or town wastes for the purposes of landfilling or otherwise the existing practice, if any, shall be phased ou