KASHINATH JAIRAM SHETYE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Nigel Da Costa Frias, learned counsel for the Petitioners, and Mr. R. Chodankar learned Standing Counsel for the Respondents.

(2.) Rule. The rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties.

(3.) This petition, as initially instituted, had challenged the Notification dtd. 12/7/2019 issued by the Respondents in the exercise of powers conferred by sub-sec. (1) and clauses (i) to (iv) of sub-sec. 2 of Sec. 3 of the Environment (Protection ) Act, 1986 ( EPA) declaring that to obtain blue flag certification, on 12 beaches, including in particular Miramar (Panaji Goa), certain specified structures/facilities shall be permitted in the Coastal Regulation Zone (CRZ) area subject to maintaining a minimum distance of 10 meters from High Tide Line (HTL). In issuing this Notification dtd. 12/7/2019 the Respondents, under sub-rule 4 of Rule 5 of the EPA, in the purported public interest, had dispensed with the requirement of notice under clause (a) of subrule 3 of Rule 5 of the Environment (Protection) Rules, 1986 ( the said Rules).