JACOB VADAKKANCHERRY Vs. STATE OF KERALA

JUDGEMENT

(1.) 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. IA. 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:

(3.) O.P. No. 10185 of 1996 is by the Chairman, Swasraya Vypeen, Malipuram. The challenge is against the Goshree Project as envisaged and he has prayed for the following directions to the first respondent to take steps to prevent constructions and other activities up to 500 meters from the High Tide Line as per Ext. P1 notification in the State of Kerala; to demolish all the construction carried out after 20-2-1991 in contravention of Ext. P1 notification; and not to proceed with the Goshree Island and other projects mentioned in Ext. P3 representation till the Coastal Zone Management Plan is approved by the second respondent."