INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 1 S.C.R. 507 · Decided: 18-04-1996 · Supreme Court of India · Bench: KULDIP SINGH

Judgment (excerpt)

j 
) 
INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION 
A 
v. 
UNION OF INDIA AND ORS. 
APRIL 18, 1996 
IKULDIP SINGH, S. SAGHIR AHMAD AND B.N. KIRPAL, .I.I.] 
B 
Environmental Protection Act/Rules, 1986 : 
S.5(3)-Notification dated 19.2.91-Coastal Regulation Zone;~ 
Prohibiting cCltain activities therein-Implementation of the Notification-
Not following guidelines-Notice to coastal States and Union Ter-
1ito1ies-Managenient Plans subn1itted by sonie States and not others-No 
challenge niade to the n1ain notification-Continued infringe111ent of tlze law 
c 
and tolerance of such violations of law not only renders legal provisions 
nugato1y-Such tolerance by Enforce111ent autlzo1ities also encourages la1v-
lessness and it cannot be tolerated in a civilized society-Vohra Conunittec D 
Repo1t in this regard discussed--Central Govenunent's power under para-
graph 7 sub-paragraph ( J) item (i)-Held arbitrGly wicanalized, un-
guided-Hence quashed-Implementation of the Notification-Duty of 
Central Gove11unent, State Govenunents and Union Tcnito1ies-Directions 
gi,ven. 
CIVIL APPELLATE JURISDICTION : Writ Petition (C) No. 664 
of 1993. 
Under Article 32 of the Constitution of India. 
Ms. Seema Midha for K.R. Rajesekaran for the Petitioner. 
Ms. H. Wahi, P.K. Manohar, S.K. Sinha, R.K. Mehta, K.L. Teneja, 
C.V.S. Rao, S.K. Mehta, A.S. Bhasme, Ms. M. Karanjawala, V. Krish-
namurthy, Vineet Kr., K. Ram Kumar, A. Mariarputham, R. Sasiprabhu, 
P.N. Puri K.H. Nobin Singh, Ms. Indu Malhotra, Ms. Meenakshi Arora, 
Sanjay Parikh, Anip Sachthey, H.K. Puri S.K. Bhat, Ms. Ruby Ahuja for 
the Respondents. 
The following Order of the Court was delivered : 
E 
F 
G 
Concern for the protection of ecology and for preventing irreversible H 
507 
A 
B 
c 
D 
E 
F 
508 
SUPREME COURT REPORTS [1996] SUPP. 1 S.C.R. 
ecological damage of the coastal areas of the country has led to the filing 
of the present petition under Article 32 of the Constitution of India as a 
public interest litigation. 
The main grievance m this petition is that a Notification dated 
19.2.1991 declaring coastal stretches as Coastal Regulation Zones 
(hereinafter referred to as 'the Regulation Zones') which regulates the 
activities in the said zones has not been implemented or enforced. This has 
led to continued degradation of ecology in the said coastal areas. There is 
also a challenge to the validity of the Notification dated 18.8. 1994 whereby 
the first Notification dated 19.2.1991 has been amended, resulting in further 
relaxations of the provisions of 1991 Notification and such relaxation, it is 
alleged, will help in defeating the intent of the main Notification itself. 
The petitioner is a registered voluntary organisation working for the 
cause of environment protection in India. India has a coast line running 
into 6000 K.Ms. which has abundance of natural endowments, geographic 
attractions and natural beauty. According to the petitioner, these coastal 
areas are highly complex and have dynamic eco-systems, sensitive to 
development pressures. The stresses and pressure of high population 
growth non-restrained development, lack of adequate infrastructure 
facilities for the resident population are stated to be some of the factors 
responsible for the decline in environ.mental quality in these areas. The 
development short activities in the coastal areas are stated to caused-term 
and long-term physical, chemical and biological changes that will and has 
caused damage to flora and fauna, public health and environment. It is 
further alleged that as a consequence of indiscriminate industrialisation 
and urbanisation, without the requisite pollution control systems, the coas-
tal waters are highly polluted. 
It is futher the case of the petitioner that some of the costal areas 
contained extensive ground-water resources and sometimes mineral 
resources1 while in other areas, there are iron ore, oil and gas resources 
G 
and mangrove-forests. As a result of the impact of tidal waves and cyclones, 
mangrove-forests are being increasingly destroyed, while some of the major 
fishing areas in some of the coastal areas of the country are undergoing 
serious damage consequent to ecologically unsound development. Over-
exploitation of ground-water in the coastal areas in places like Madras and 
H Vishakapatnam is stated to have resulted in growing intrusion of salt water 
"' 
,. 
INDIAN COUNCIL FOR ENV!RO-LEGAL ACTION v. U.0.1. 
509 
fron1 the sea to inland areas and fresh \Valer

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