Case Note & Summary
The dispute arose from an appeal against an order of the High Court of Bombay at Goa, which directed the parties to maintain status quo regarding construction activities near the High Tide Line. The appellants, having purchased land for hotel construction, received permission from the village Panchayat in 1993. However, subsequent amendments to the Coastal Regulation Zone notification reduced the No Development Zone, which was later deemed illegal by the Supreme Court in a precedent case. The appellants faced delays in construction due to financial constraints and a stop work order issued in December 2006. A Public Interest Litigation was filed against the revalidation of construction plans, while the appellants challenged the stop work order. The High Court initially denied interim relief, noting the project was ongoing and referred to the National Coastal Zone Management Authority for consideration. The Supreme Court found that the High Court's order to maintain status quo was inappropriate given the ongoing project status and the significant investments made by the appellants. The Court allowed the appellants to complete their construction at their own risk and requested the High Court to expedite the matter. The appeal was partly successful, and no costs were awarded.
Headnote
A) Environmental Law - Coastal Regulation Zone - Status of Ongoing Project - Coastal Regulation Zone Notification, 1991 - The appellants' project was treated as ongoing by the Ministry of Environment and Forests, allowing them to continue construction despite prior stop work orders. The Supreme Court held that the appellants could complete their construction at their own risk and cost, emphasizing the need for expedient resolution by the High Court (Paras 6-7).
Issue of Consideration
Whether the appellants should be allowed to continue construction activities pending the final decision of the High Court.
Final Decision
The Supreme Court partly allowed the appeal, set aside the High Court's order, and permitted the appellants to complete their construction at their own risk and cost, while requesting the High Court to expedite the matter.
Law Points
- Coastal Regulation Zone
- Public Interest Litigation
- Interim Relief
- Status Quo
- Ongoing Project
