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High Court of Bombay

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Environment Protection Act, 1986. – Coastal Regulation Zone (CRZ) were enacted (w.e.f.19th February, 1991) – The guidelines,-Hotels, Beach Resorts and Beach Bungalows in Goa – orders to demolish as the buildings were situated with in 500 meters from HTL permitted – High court allowed the Writ Pil – Apex court held that admittedly the all the buildings constructed before the commencement of the Act and guidelines which are not gazetted no force of law – all are prospective – and as such the apex court held that Violation of Article 21 on account of alleged environmental violation cannot be subjectively and individually determined when parameters of permissible/impermissible conduct are required to be legislatively or statutorily determined under Sections 3 and 6 of the Environment Protection Act, 1986 which has been so done by bringing into force the Coastal Regulation Zone (CRZ) Notification w.e.f. 19th February, 1991.In view of the foregoing discussion, the orders impugned in the writ petitions filed by the appellants cannot be sustained. Consequently, the said orders as well as each of the orders dated 13th July, 2000 passed by the High Court of Bombay will have to be set aside which we hereby do while allowing the appeals.=CIVIL APPEAL NOS.3434-3435 OF 2001 GULF GOANS HOTELS CO. LTD. & ANR. . ..APPELLANTS VERSUS UNION OF INDIA & ORS. …RESPONDENTS = 2014 – Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41945

 Environment  Protection Act, 1986. – Coastal Regulation Zone (CRZ) were enacted  (w.e.f.19th February, 1991) – The   guidelines,-Hotels,  Beach  Resorts  and  Beach Bungalows in Goa – orders to demolish as the buildings were situated with in 500 meters from HTL permitted – High court allowed the Writ Pil – Apex court held that admittedly the all the buildings constructed before the commencement of the … Continue reading

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