M/S VAAMIKA ISLAND (GREEN LAGOON RESORT) versus UNION OF INDIA AND OTHERS

Citation: [2013] 17 S.C.R. 965 · Decided: 08-08-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Dismissed
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Judgment (excerpt)

(2013) 17 S.C.R. 965 
MIS VAAMIKA ISLAND (GREEN LAGOON RESORT) 
A 
v. 
UNION OF INDIA AND OTHERS 
(S.L. P. (Civil) Nos. 24390-24391 of 2013) 
AUGUST 08, 2013 
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] 
Environmental Law: 
B 
Vembanad Backwater (lake) in Kera/a - Having several c 
Islands in and around -
The lake declared Critically 
Vulnerable Coastal Area -
Considering the fragile eco-
system of the wetland, deterioration of water quality and 
damage to aquatic organisms and shrinkage of the lake, it 
was included in National Lake ConseNation Programme -
0 
Coastal Regulation Zone Notifications issued as a part of 
Environment Protection Act, 1986 with an object to protect the 
coastal area from eroding and to preserve its natural 
resources - One of the islands Vettica Thuruthu, described 
as Coastal Regulation Zone-I by Coastal Regulation Zone 
Notification 1991 and described as Coastal Regulation Zone 
E 
I, Ill and IV by Notification 2011 - The island also shown as 
Filtration Pond - New construction, re-construction and 
Tourism activities prohibited on the island - Constructifm of 
Beach Resorts on the Islands - Legality of - Held: The 
construction on the island was in violation of the provisions 
F 
of Notifications 1991 and 2011 as well as Map 32A of Coastal 
·Zone Management Plan whereby the island was declared as 
Filteration Pond -
Direction for demolition of illegal 
construction by High Court is correct - Environment 
Protection Act, 1986. 
G 
The petitioner filed awrit petition before High Court 
seeking a declaration that few items of its properties were 
wrongly included in Map No.32A of the Coastal Zone 
965 
· H 
966 
SUPREME COURT REPORTS 
[2013) 17 S.C.R. 
A 
Management Plan (CZMP), prepared by Kerala Coastal 
Management Authority (KCZMA) and hence ultra vires the 
Coastal Regulation Zone (CRZ) Notification, 1991 and CRZ 
Notification, 2011. The petitioner had also sought for a 
delaration that classification of its properties situated in 
B Vettilla Thuruthu Island as Filtration Pond and the 
consequent categorization of the same, under CRZ-1 was 
unconstitutinal being ultra vires CRZ 1991 as well as CRZ 
2011. 
KCZMA took the stand that CZMP was prepared 
C based on the guidelines issued by Ministry of 
Environment and Forests (MoEF) Government of India. 
The entire Vettilla Thuruthu was indicated as Filtration 
Pond by CZMP. 
o 
MoEF stated that CZMP for Kerala was prepared by 
the MoEF, and that the construction of beach resorts 
within CRZ area required prior clearance from MoEF, 
based on the recommendation of the KCZMA; that 
Category I (CRZI) included the area that were ecologically 
E sensitive and important; and that the Government of India, 
in exercise of powers under sub-section (1) and (3) of s. 
3 of Environment (Protection) Act, 1986 had notified 
KCZMA as the authority for the implementation of the 
provisions of Notifications 1991 as well as 2011. High 
F 
Court dismissed the petitions and directed demolition of 
illegal construction. Hence the present petitions. The 
petitioners inter alia contended that the writ petitions, 
since included questions of facts, the High Court should 
not have decided the same and instead should have 
referred the matter to the National Green Tribunal. 
G 
Dismissing the Special Leave Petitions, the Court 
HELD: 1. The High Court has rightly entertained the 
writ petition taking into consideration the larger public 
H intereft and it is not correct to say that the matter should 
,• 
VMMIKA ISLAND (GREEN LAGOON RESORT) v. 
967 
UNION OF INDIA 
have been referred to the National Green Tribunal, in the 
A 
facts and circumstances of the case, especially when the 
petitioner itself, has invoked the jurisdiction of the High 
Court. [Para 8] [975-F-G] 
2.1. Vettilla Thuruthu Island is in the Vembanad Lake 
B 
in the State of Kerala. Vembanad Lake plays an important 
role in the ecology and economy of the South-West Coast 
of India. Vembanad lake, along with adjacent Kol lands, 
wetland, is a complex system of backwaters, mar!!hes, 
lagoons, mangrove forests, reclaimed land and an 
intricate network of natural, manmade canals etc. Lake is 
C 
fed by six rivers falling from Western Ghats: Achenkovil, 
Pampa, Meenachil, Manimala, Muvattupazha and Periyar. 
Vemb~nad Lake is declared as a Ramsar Site in the year · 
. 2002. Ramsar list was published in response to Article 2.1 
of the Convention on Wetlands (Ramsar, Iran, 1971 ). 
D 
-Wetlands included in the
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