Goa Foundation, Goa v Diksha Holding Pvt. Ltd AIR 2001 SC 184 Civil Appeal no. 401 of 2000, D/-10-11-2000

G. B Pattaniak and U. C Banerjee, JJ.

Environment [Protection]Act [29 of 1986], Sec. 3

Coastal Regulation Zone Notification, 1991

Development activities and protection of Environment-Approach of Court in such matters-should be to strike a balance the two–Hotel in coastal area-permission to construct-validity-disputed hotel situated in area of Nagorcem, Palolem, Goa-entire are classified as CRZ-I except settlement which are classified as CRZ III-plot of land in question located beyond 200 meters of High Tide line- held disputed plot is situate in CRZ III, hence available for development.

The focal point for consideration in this appeal was the environmental degradation said to by reason of disturbance of existing sand dunes on the sea front of Goa.

The appeal by the Goa Foundation, as Public Interest Litigation, objecting to the construction of a hotel on a plot of land situated in the area of Nagorcem, Palolem, Taluka-Cancona, Goa, inter alia, on the ground that the land in question comes within CRZ_I, and as such it is not permissible to have any construction on the same plot of land. It was also contended that the plan and sanction obtained for such construction from the competent authority, are in contravention of the provision of the Environmental Protection Act, 1986 and such permission has been granted by the concerned authority without application of mind and without considering the relevant materials and therefore, the Court should issue mandamus, injuncting the hotelier-Diksha Holdings Pvt. Ltd., from constructing the proposed hotel on the disputed pot of land. It was also contended before the High Court that there exist large number of sand dunes and by permitting the respondent to have the hotel complex on the plot of land will ultimately lead to irreversible ecological damage of the coastal area, and therefore, the Court should prevent such construction. The High Court in the impugned judgment, took into consideration the balancing task of maintaining and preserving the environment and ecology of the pristine beach with sand dunes and the development of hotels and holiday resorts for economical development of the State. It also took into account several Acts and Regulations like Town and Country Planning Act, the CRZ Notification, the Coastal Zone Management Plan. The High Court followed the report of many inspection Committees, which stated that construction of the hotel will not affect the sand dunes. The High Court also took into account the report submitted by Dr. N. P S. Varde, the Director of Science, Technology and Environment, Goa, who had categorically indicated that the Hotel project is located on undisturbed beach eco-system which has mostly gradually undulating land cape covered with stable dune vegetation which in a strict technical view is taken, no development can ever be taken place along the sea coast of Goa. On the basis of the above finding the High Court found no merits in the writ petition. The High Court recorded the finding that the State Authorities as well as the Central Government were aware of the existence of sand dunes formation upto 200 meters strip from the shore line where no construction is permitted and beyond the said 200 meters strip within the hotel complex is proposed to be build up is under category CRZ III and as such there is no prohibition for construction of the hotel within that area.

The Supreme Court during its observation said that, with a view to protect the ecological balance in the coastal areas, notification having been issued by the Government, there ought not to be any violation and the prohibited activities should not be allowed to come up within the area declared as CRZ notification. The Court also emphasized that no activities which would ultimately lead to unscientific and unsustainable development and ecological destruction should at all be allowed and the Courts must scrupulously try to protect the ecology and environment and should shoulder greater responsibility of which the Court can have closer awareness and easy monitoring.

In the State of Goa, so far as Cancona Taluka is concerned, in which Taluka, the proposed hotel of the respondent situates, the whole of Cancona Taluka is classified as CRZ-I, except settlement area, which is classified as CRZ-III and in Nagorcem area, the entire area is classified as CRZ-I, except the settlement area which is classified as CRZ III. According to various reports submitted by the State Government to the Government of India as well as reports obtained by the Union of India through its own scientists, in the area, where the permission has been accorded for construction of hotel, lot of settlement and built up structures are available like temples, schools etc. and that the plot of land is located beyond 200 meters of the High Tide Line.

No activities which would ultimately lead to unscientific and unsustainable development and ecological destruction should at all be allowed and the Courts must scrupulously try to protect the ecology and environment. On going through the aforesaid CRZ notification issued by the Government as also the approved Coastal Management Plan of the State of Goa, the Court held that it did not find any merit in the arguments presented by the Petitioner, and concluded that by allowing construction of hotel on land, the authorities have allowed certain prohibited activity.