GULF GOANS HOTELS CO. LTD. & ANR. versus UNION OF INDIA & ORS.

Citation: [2014] 10 S.C.R. 536 · Decided: 22-09-2014 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
8 
[2014] 10 S.C.R. 536 
GULF GOANS HOTELS CO. LTD. & ANR. 
V. 
UNION OF INDIA & ORS. 
(Civil Appeal Nos. 3434-3435 of 2001) 
SEPTEMBER 22, 2014 
[RANJAN GOGOi AND M.Y.EQBAL, JJ.) 
Environment Protection Act, 1986: ss. 3 and 6 -
Construction within 500 meters of High Tide Line (HTL) -
C Appellants are owners of Hotels, Beach resorts and Beach 
bungalows in Goa - Relying on certain guidelines, authorities 
ordered for demolition of allegedly illegal constructions raised 
by the appellants - Case of authorities that as per guidelines 
in force constructions within 500 meters of High Tide Line 
D (HTL) are prohibited -High Court held that such constructions 
were in derogation of the environment guidelines in force 
warranting demolition to safeguard the environment of 
beaches in Goa - Held: The construction was not illegal or 
without permission of the competent authority- Admittedly the 
E guidelines relied on by authorities were not gazetted - In the 
absence of due authentication and promulgation of the 
guidelines, the contents thereof cannot be treated as an order 
of the Government and would really represent an expression 
of opinion - Guidelines - Constitution of India, 1950 - Articles 
F 48A, 51A(g), 77. 
Allowing the appeals, the Court 
HELD: 1. It is common to all the theories of 
jurisprudence that the notion that law must possess a 
G certain form; contain a clear mandate/explicit command 
which may be prescriptive, permissive or penal and the 
law must also seek to achieve a clearly identifiable 
purpose. While the form itself or absence thereof will not 
be determinative and its impact has to be considered as 
H 
536 
GULF GOANS HOTELS CO. LTD. v. UNION OF INDIA 537 
a lending or supporting force, the disclosure of a clear 
A 
mandate and purpose is indispensable. A Govt. policy 
may acquire the "force of 'law"' if it conforms to a certain 
form possessed by other laws in force and encapsulates 
a mandate and discloses a specific purpose. It is from the 
said prescription that the guidelines relied upon by the 
B 
Union of India in this case, will have to be examined to 
determine whether the same satisfies the minimum 
elements of law. The said guidelines are - Directives to 
the State Governments in letter dated 27th November, 
1981 of the then Prime Minister; Notification dated 22nd c 
July, 1982 of the Governor setting up the Ecological 
Development Council for Goa, inter alia, for scrutiny of 
beach construction within 500 meters of HTL; 
Environmental Guidelines for Development of Beaches of 
July 1983; Order dated 11th June, 1986 of Under 0 
Secretary, Ministry of Tourism, also addressed to Chief 
Secretary, Govt. of Goa, constituting an inter-Ministerial 
Committee for considering tourist projects within 500 
meters. [paras 12, 13] [550-B-H] 
2. The genesis of the Executive's decision to restrict 
E 
construction activity within 500 meters of the HTL can be 
traced to the Stockholm Conference. India's participation 
in the conference led to the introduction of Articles 48A 
and 51A(g) in the Constitution and the enactment of 
several legislations like the Air Act 1981, Forest 
F 
Conservation Act, 1980, Environment Protection Act, 
1986 etc. all of which seek to protect, preserve and 
safeguard the environment. These guidelines as 
"affirmative action",, aimed at implementation of Articles 
21 and 48A of the Constitution and, therefore, outlining 
G 
a visible purpose. Having read and considered the 
guidelines, there is a reasonable doubt as to whether 
what has been spelt out therein are not mere suggestions 
or opinions expressed in the process of a continuing 
exploration to identify the correct parameters that would 
H 
5J8 
SUPREME COURT REPORTS 
[2014] 10 S.C.R. 
A effectuate the purpose i.e. safeguarding and protecting 
the environment (sea beaches) from human exploitation 
and degradation. The above is particularly significant in 
view of the fact that the Stockholm Declaration in its core 
resolutions, merely enunciate very broad. propositions 
B and commitments including those concerning the sea 
beaches as distinguished from specific parameters that 
could have application, without variation or exception, to 
all the signatories to the declaration. The Stockholm 
Conference 
having 
nowhere 
expressed 
any 
c internationally approved parameters of acceptable 
distance from the HTL, incorporation of any such feature 
of international values in the Municipal Laws of the 
country cann

Excerpt shown. Read the full judgment & AI analysis in Lexace.