CARLOS NORONHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the challenge in substance is to the action of reclassifying certain properties as CRZ-II. A brief reference to the facts of the case will have to be made.

(2.) The first Respondent is the Union of India. The second Respondent is the Goa Coastal Zone Management Authority (for short "GCZMA") which has been constituted in exercise of powers under Section 3 of the Environment (Protection) Act, 1986 (hereinafter referred to as "the said Act of 1986"). The GCZMA is responsible for monitoring and enforcing the CRZ notification in the State of Goa. The third Respondent is a Vi llage Panchayat of Taleigao established under the Goa Panchayat Raj Act, 1994 (hereinafter referred to as "the said Act of 1994") The fourth Respondent is a Planning Authority. The 5th Respondent is a Company which desires to set up a project of hotel. The 6th Respondent is the Goa State Pollution Control Board. The seventh and eighth Respondents are the Authorities exercising powers under the said Act of 1994. The ninth Respondent is the National Coastal Zone Management Authority (for short "NCZMA") constituted under section 3(3) of the said Act of 1986.

(3.) On 19th February, 1991, The Coastal Zone Regulation Notification (for short "CRZ notification") was issued by the Central Government in exercise of powers under Sections 3(1) and (3)(2)(v) of the Environment (Protection) Act, 1986 (hereinafter referred to as the "said Act of 1986") declaring the coastal stretches specified therein as Coastal Regulation Zone (CRZ). Under the Notification dated 19th February, 1991, the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) up to 500 meters from the high tide line (HTL) and the land between the low tide line (LTL) and HTL were declared as CRZ. By the said notification, certain activities were declared as prohibited activities in CRZ. It also provides for regulation of permissible activities in CRZ. Paragraph 6(1) of the CRZ notification classified the Coastal Regulation Zones consisting of coastal stretches within 500 meters of high tide line on the landward side into four different categories named as CRZ-I, CRZ-II, CRZ-III and CRZ-IV respectively. In the present case, we are concerned with the categories of CRZ-II and CRZ-III. In terms of Paragraph 3(3)(i) of the CRZ notification, The Coastal Zone Management Plan (for short "CZMPA") of the State of Goa identifying and classifying the CRZ areas in the State of Goa was prepared and was submitted on 26th June, 1996. In exercise of powers under Paragraph 3(3)(i) of the CRZ Notification, the Central Government by a communication dated 27th September, 1996 granted approval to the Coastal Zone Management Plan of Goa subject to the various conditions and modifications incorporated therein. Under the said communication, in relation to Panaji and its environs, all areas outside the municipal limits were classified as CRZ-III. The area from Cabo Raj Niwas to Dona Paula Jetty was classified as CRZ -III. The area of Dona Paula cove/bay up to the line of existing authorized developments was classified as CRZ-III. The area from Dona Paula cove/bay to Vainguinim Beach (hereinafter referred to as "the said area") was also classified as CRZ-III.