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1 - 10 of 13 (0.25 seconds)Article 21 in Constitution of India [Constitution]
The Environment (Protection) Act, 1986
Section 3 in The Environment (Protection) Act, 1986 [Entire Act]
Assam Panchayat Act, 1994
Jal Mahal Resorts P.Ltd vs K.P.Sharma & Ors on 25 April, 2014
34. The stand of respondent No.3 with regard to the
coverage of the area under CRZ Notification i.e., Coastal
Regulation Zone Notification 2011 would have no force for the
reason that it came into force only with effect from 06.01.2011
and will not be applicable to any valid permit issued like the
one in the present case, which was issued in 28.12.2010.
Intriguingly Paragraph 3 of the aforementioned letter also
empowers the issuance of a guidelines for declaring the
Critically Vulnerable Coastal Area (CVCA). The CVCA had been
WA NO. 1944 OF 2023 36 2025:KER:38575
also a matter of ponderance in the judgment cited by
respondent No.3 in Kapico Kerala Resorts Private Limited
(Supra) wherein in Paragraph 39, the Supreme Court had an
occasion to draw a distinction between the areas to be
declared as CVCA in CRZ Notification 2011 viz-a-viz 2019
notification. The same reads as under:
M.K. Balakrishnan & Ors vs Union Of India & Ors on 26 March, 2009
In support of the aforesaid, relied upon paragraph 23
of the interim order of the Supreme Court in Balakrishnan M.
K. and Others v. Union of India and Others [2017 KHC
4450] : [(2017) 7 SCC 805] to contend that already an exercise
has been undertaken by mapping 2,01,503 wetlands by the
Union of India in compliance with the provisions of Rule 4 of
the Wetland Rules 2010 and further exercise has been
undertaken and noticed by the Supreme Court. The
aforementioned order has also been addressed to the High
Court of Kerala and there is one Public Interest Litigation
pending. He also relied upon the ratio to the judgment of the
Supreme Court in Kapico Kerala Resorts Private Limited v.
Section 6 in The Environment (Protection) Act, 1986 [Entire Act]
Goa Foundation vs Union Of India & Ors on 11 November, 2013
33. The contention of Mr.Mathew with regard to the
exercise to be undertaken under Sub Rule 3 of Rule 6 is in
tandem with the ratio decidendi culled out by the Supreme
Court in paragraphs 51 and 52 of the Goa Foundation supra.
Gulf Goans Hotels Co. Ltd. & Anr vs Union Of India & Ors on 22 September, 2014
In support of the
contention, also relied upon the ratio decidendi culled out in
the judgment reported in Gulf Goans Hotels Company
Limited and Another v. Union of India and Others [(2014)
10 SCC 673] to contend that convention as per the
promulgation of the Rules cannot be treated to be a magna
carta until and unless the exercise as required under the Rules
is undertaken. In support of the contention, relied upon
paragraphs 22, 25 and 26 of the aforesaid judgment which
read as follows: