| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Environmental Laws Environment clearance – Coastal Regulation Zone (CRZ) |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Case Disposed Off |
| Headnote | Environmental Laws:Environment clearance – Coastal Regulation Zone (CRZ) Notification – Violation of – Regularisation of illegal construction – On facts, construction of multi-storey residential complex on the bank of Chilavannurkayal (back waters) in Kerela – Allegation that the construction project completed in violation of CRZ notification – Single Judge of the High Court held that the construction was illegal, not capable of being regularized, thus passed direction for its demolition – Division Bench of the High Court upholding the findings of the Single Judge, set aside the order of demolition and directed regularization on payment of Rs 1 crore as fine – On appeal, held: Authorities continue to do a flip-flop-flip putting the large investments at stake in a jeopardy – Specialised authorities were to carry out the task with promptitude but their lackadaisical attitude permitted DLF to raise the issue of a deemed environment clearance – Alleged violations have not emerged with clarity – Findings of the courts below on CRZ violations alleged against DLF set aside – Approach of MoEF also appears to be strange and a complete contradiction between what was stated before the courts – Thus, the findings of the impugned order is set aside whereas the fine of Rs.1 crore sustained.Environment clearance for construction project – Application for – Held: Need to have more single window clearance, so that there is less uncertainty and better enforcement. |
| Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
| Neutral Citation | 2018 INSC 21 |
| Petitioner | The Secretary, Kerala State Coastal Management Authority |
| Respondent | Dlf Universal Limited (formerly Known As Adelie Builders And Developers Pvt. Ltd.) & Ors. |
| SCR | [2018] 1 S.C.R. 146 |
| Judgement Date | 2018-01-10 |
| Case Number | 117 |
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