Case Note & Summary
The petitioner, Shri Joseph Doris Coutinho, filed a writ petition before the Bombay High Court at Goa challenging an order dated 10.12.2004 passed by the Goa Coastal Zone Management Authority (respondent No.1). The petitioner contended that the order was passed without giving him notice as required under Rule 4(3a) of the Environment Protection Rules, 1986, thereby violating principles of natural justice. The respondent No.1, represented by the Advocate General, conceded to the grievance and agreed to hear the petitioner afresh without prejudice to its contentions. The court, in view of this concession, set aside the impugned order and directed the petitioner to file a reply along with documents to the show cause notice on 27th instant at 10.30 a.m. The respondent No.1 was directed to consider the reply and documents, hear the petitioner if necessary, and dispose of the show cause notice as early as possible. The rule was made absolute on the above terms.
Headnote
A) Environmental Law - Coastal Zone Management - Natural Justice - Rule 4(3a) of Environment Protection Rules, 1986 - Petitioner challenged order of Goa Coastal Zone Management Authority on ground that no notice was given as required under Rule 4(3a) - Respondent No.1 conceded to hear petitioner afresh - Court set aside order and directed respondent to consider petitioner's reply and pass fresh order after hearing - Held that failure to give notice violates principles of natural justice (Paras 2-5).
Issue of Consideration
Whether the order of the Goa Coastal Zone Management Authority was vitiated for non-compliance with Rule 4(3a) of the Environment Protection Rules, 1986, which requires notice to the affected party before passing an adverse order.
Final Decision
The order dated 10.12.2004 is set aside. The petitioner is directed to file a reply along with documents to the show cause notice on 27th instant at 10.30 a.m. Respondent No.1 is directed to consider the reply and documents, hear the petitioner if necessary, and dispose of the show cause notice as early as possible. Rule made absolute on the above terms.
Law Points
- Natural justice
- opportunity of hearing
- Rule 4(3a) of Environment Protection Rules
- 1986
- show cause notice
- consent order
Case Details
2005 LawText (BOM) (03) 165
Writ Petition No. 103 of 2005
A. P. Lavande, N. A. Britto
Shri A.N.S. Nadkarni with Shri N.A. Takkekar for Petitioner; Shri M.B. D'Costa, Advocate General with Ms. W. Coutinho for Respondent No.1
Shri Joseph Doris Coutinho
1. The Goa Coastal Zone Management Authority, 2. The Village Panchayat of Calangute
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Nature of Litigation
Writ petition challenging order of Goa Coastal Zone Management Authority for violation of natural justice.
Remedy Sought
Petitioner sought setting aside of order dated 10.12.2004 passed by respondent No.1 without giving notice as required under Rule 4(3a) of Environment Protection Rules, 1986.
Filing Reason
Order was passed without notice to petitioner, violating principles of natural justice.
Previous Decisions
Order dated 10.12.2004 passed by respondent No.1.
Issues
Whether the order of respondent No.1 was vitiated for non-compliance with Rule 4(3a) of the Environment Protection Rules, 1986.
Submissions/Arguments
Petitioner argued that no notice was given as required under Rule 4(3a) of the Environment Protection Rules, 1986.
Respondent No.1 conceded to hear the petitioner afresh without prejudice to its contentions.
Ratio Decidendi
Failure to give notice as required under Rule 4(3a) of the Environment Protection Rules, 1986 violates principles of natural justice, and the affected party must be given an opportunity to be heard before an adverse order is passed.
Judgment Excerpts
The petitioner assails the Order of respondent No.1, on the ground that notice as contemplated under Rule 4(3a) of the Environment Protection Rules, 1986 was not given to the petitioner.
In view of the said concession made on behalf of respondent No.1, we deem it appropriate that the petitioner be given an opportunity to file a reply along with all the documents to the show cause notice...
Procedural History
The petitioner filed Writ Petition No. 103 of 2005 before the Bombay High Court at Goa challenging the order dated 10.12.2004 of the Goa Coastal Zone Management Authority. The petition was heard on 9th March 2005, and by consent, disposed of with directions.
Acts & Sections
- Environment Protection Rules, 1986: Rule 4(3a)
