S.DILEEP Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed in the form of a Public Interest Litigation alleging that the 5th respondent has constructed a structure at Muthalapozhi Fishing Harbour at Chirayinkeezhu, Thiruvananthapuram in violation of Coastal Regulation Zone Notification 2019. Petitioner seeks for a direction to respondents 1 to 4 viz., the Central Government, State Government, the Harbour Engineering Department and the Kerala Coastal Zone Management Authority (KCZMA) to demolish the said structure and for other consequential reliefs. Petitioner points out that the 5th respondent who had undertaken the construction of Vizhinjam multipurpose seaport at Thiruvananthapuram pursuant to an agreement executed with the State of Kerala during 2015, had decided to construct a mini barge load out facility at Muthalapozhi located at Perumathura, Thiruvananthapuram. They constructed a new boat jetty by trespassing into an area of more than 15 acres of seashore. A concrete road was also constructed violating all the norms. The same was constructed exclusively for transportation of granite. Earlier a writ petition came to be filed as WP(C) No. 8013/2019 alleging that construction was done without permission from the KCZMA. By an interim order dated 4/6/2019, this Court had directed the 5 th respondent not to make any constructions without further directions or without clearance from KCZMA. Ext.P1 is the said order. It is pointed out that, pending the said case, KCZMA had granted clearance, which is produced as Ext.P2. WP(C) No.8013/19 was therefore dismissed by observing that, in so far as permission had already been obtained, there is no reason to proceed with the writ petition. However, when it was contended that the construction was done in an illegal manner and the Coastal Zone Management Authority was not entitled to regularise the same, this Court observed at paragraphs 4 and 5 as under:

(2.) Learned counsel for the petitioner submits that the contention now urged by the petitioner is that the Harbour Engineering Department had filed an application for getting clearance before KCZMA in the year 2018 which was considered in the meeting of KCZMA on 10/8/2018. In the meantime, 5 th respondent started construction of the facility without sanction and it is at that point of time, a writ petition came to be filed. A show cause notice was issued by KCZMA to the Harbour Engineering Department on 28/5/2019 as to why constructions were being proceeded. In the 102 nd meeting of KCZMA held on 9/5/2019, the following decision had been taken:-

(3.) It is pointed out that, in the 103 rd meeting held on 7/6/2019, the KCZMA had taken the following decision:-