BUILDARCH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution seeks to challenge letter dated 8-9-1998 addressed by the Joint Secretary, Ministry of Environment and Forest, Government of India to the Chief Secretary to the State of Maharashtra by the Joint Secretary, Ministry of Environment and Forest, Government of India issuing clarification with regard to Coastal Regulation Zone Notification dated 19th February, 1991 (for short "crz Notification") particularly with regard to Annexure-I, Clause 6 (2) CRZ-II of the Regulations.

(2.) THE above notification dated 19-2-1991 has been issued by the Central Government in exercise of power under section 3 (1) and 3 (2) (v) of the Environment (Protection) Act, 1986 and Rule 5 (3) (d) of the Environment Protection Rules, 1986 declaring coastal stretches as Coastal Regulation Zone (CRZ) and Regulating Activities in the CRZ. The said CRZ are divided in four categories as set out in Annexure-I to the CRZ Notification. In the present case we are concerned with CRZ-II which is defined in the notification as follows:-

(3.) CLAUSE 6 (2) of the Annexure I laid down norms for regulation of activties in CRZ-II as follows :