Kerala High Court
Builders Association Of India vs Union Of India on 1 November, 2024
2024:KER:81905
W.P.(C)No.31100 of 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 31100 OF 2019
PETITIONER:
BUILDERS ASSOCIATION OF INDIA
KERALA STATE COCHIN CENTRE, BUILDERS CHAMBER ,
GANDHI NAGAR, KOCHI-682 020, REPRESENTED BY STATE
COMMITTEE MEMBER SRI. B. CHANDRAMOHANAN.
BY ADVS.
SRI.SANTHOSH MATHEW, SR.
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SMT.VEENA RAVEENDRAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENTAL, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAVAN, JORBAGH, NEW DELHI-110 003.
2024:KER:81905
W.P.(C)No.31100 of 2019
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2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, KERALA
695 001.
3 CHAIRMAN,
KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,4TH
FLOOR, KSRTC BUS TERMINUS, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, KERALA-695 001.
4 NATIONAL CENTER FOR EARTH SCIENCE
STUDIES, P.O. BOX NO. 7250, AKKULAM,
THIRUVANANTHAPURAM, KERALA- 695 011, REPRESENTED
BY ITS DIRECTOR.
BY ADVS.
SRI.M.P.PRAKASH, SC, KCZMA
SRI.T.C. KRISHNA, SCGC
OTHER PRESENT:
SRI RAJ PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:81905
W.P.(C)No.31100 of 2019
3
JUDGMENT
Dated this the 1st day of November, 2024
Nitin Jamdar, C.J.
Heard Ms. Karthika Maria, learned counsel for the Petitioner.
2. On 1 October 2024, the following order came to be passed:
"List this petition along with the writ appeal filed by
Respondent No. 1 in this petition bearing No. 1885 of
2023.
2. Learned counsel appearing for the Coastal Zone
Management Authority has drawn our attention to the
decisions of the Madras High Court dated 30 August 2024
in Fatima v. Union of India and Others and the Bombay
High Court dated 24 September 2024 in Vanashakti and
Another v. Union of India and Others taking a view that
post facto approval / regularization of the structures
constructed in contravention of the mandate of the
notifications under the Environment Protection Act, 1986,
is not permissible.
3. The Petitioner in this petition is not present. On the
next date of hearing, the Petitioner will demonstrate as to
why this petition should not be disposed of in the light of
the said decisions.
Post on 1 November 2024."
3. The learned counsel for the Petitioner states that the matter is now
being considered by the Hon'ble Supreme Court and requests closure of
the petition on that count.
2024:KER:81905
4. In the light of this position, the proceedings in this petition stands
closed.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
S. Manu
Judge
vpv
2024:KER:81905
APPENDIX OF WP(C) 31100/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTIFICATION S.O. 114 (E)
DATED 19.2.1991 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 1ST
RESPONDENT DATED 27.09.1996.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT PASSED BY THE
HONBLE HIGH COURT OF KERALA, IN CITIZENS
INTEREST AGENCY V. LAKESHORE HOSPITAL AND
RESEARCH CENTRE PVT LTD., DATED 19.2.2003
REPORTED IN 2003 (3) KLT 424).
EXHIBIT P4 TRUE COPY OF THE COASTAL REGULATION ZONE
NOTIFICATION S.O. 19 (E) DATED 06.01.2011
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM DATED
01.07.2011 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 1ST RESPONDENT DATED 06.03.2018.
EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED
28.2.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE HONOURABLE
SUPREME COURT DATED 7.11.2019 IN CIVIL
APPEAL NOS.668-670/2017.
EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 11.1.1983.
