Case Note & Summary
The Bombay High Court at Goa took suo motu cognizance of a writ petition concerning the protection of the coastal environment in Goa. The petition was filed in response to reports of illegal constructions and encroachments in Coastal Regulation Zone (CRZ) areas along the coastline of Goa, affecting beaches in Pernem, Bardez, Mormugao, Salcete, Quepem, and Canacona talukas. The court impleaded the Union of India, the Goa Coastal Zone Management Authority, the State of Goa, and the sarpanches of 25 village panchayats as respondents. The court noted that the CRZ Notification, 1991, prohibits certain activities in CRZ areas and requires compliance with environmental norms. The court issued directions to the respondents to take necessary action to remove illegal constructions, prevent further encroachments, and ensure that the coastal environment is protected. The court emphasized the importance of sustainable development and the precautionary principle in environmental matters. The judgment was delivered by a division bench, and the court directed the authorities to file compliance reports.
Headnote
A) Environmental Law - Coastal Regulation Zone - Protection of Coastal Environment - CRZ Notification, 1991 - The court took suo motu cognizance of reports regarding illegal constructions and encroachments in CRZ areas along Goa's coastline, including beaches of Querim, Tiracol, Paliem, Arambol, Mandrem, Morgim, Anjuna, Calangute, Candolim, Chicalim, Bogmalo, Velsao, Sancoale, Cansaulim, Majorda, Betalbatim, Colva, Benaulim, Varca, Cavelossim, Naquerim, Betul, Cola, and Agonda. The court issued directions to the Union of India, Goa Coastal Zone Management Authority, State of Goa, and various village panchayats to take action against violations and ensure compliance with CRZ norms. (Paras 1-25)
Issue of Consideration
Whether the court should intervene to protect the coastal environment in Goa from illegal constructions and encroachments in CRZ areas, and what directions should be issued to ensure compliance with CRZ notifications.
Final Decision
The court issued directions to the Union of India, Goa Coastal Zone Management Authority, State of Goa, and village panchayats to take action against illegal constructions and encroachments in CRZ areas, and to ensure compliance with CRZ Notification, 1991. The court directed filing of compliance reports.
Law Points
- Environmental Law
- Coastal Regulation Zone
- Public Interest Litigation
- Sustainable Development
- Precautionary Principle
