KRISHNADEVI MALCHAND KAMATHIA & ORS. versus BOMBAY ENVIRONMENTAL ACTION GROUP & ORS.

KRISHNADEVI MALCHAND KAMATHIA & ORS. versus BOMBAY ENVIRONMENTAL ACTION GROUP & ORS.

The appellants knowingly and purposely damaged mangroves and other vegetation in CRZ-1 area in willful defiance of Court and District Collector orders, constructing a substantial bund and platform using debris and boulders in violation of environmental law and conditional permissions. No court can validate unlawful action; restoration of ecological area is ordered.

Parties
Appellants: Krishnadevi Malchand Kamathia & Ors.; Respondents: Bombay Environmental Action Group & Ors.; Applicant (contempt): District Collector, Mumbai Suburban District
Jurisdiction
India
Judgment Date
31 January 2011
Procedural Posture
Civil Appeal / Disposal of Contempt Applications in Civil Appeal No. 4421 of 2010 and Related Applications
Outcome
Contempt proceedings filed by District Collector and Action Group allowed; contempt petition filed by appellants dismissed.
Legal Topics
Mangrove Destruction, Coastal Regulatory Zone Regulation, Contempt Proceedings, Restoration of Ecological Area, Reserve Forest Notification
Environmental Law Contempt of Court Mangrove Destruction Coastal Regulatory Zone Regulation Contempt Proceedings Restoration of Ecological Area Reserve Forest Notification

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Parties

Krishnadevi Malchand Kamathia & Ors.

Appellants

Bombay Environmental Action Group & Ors.

Respondents

District Collector, Mumbai Suburban District

Applicant (contempt)

Procedural Posture

Civil Appeal / Disposal of Contempt Applications in Civil Appeal No. 4421 of 2010 and Related Applications

Legal Issues

  1. 1 Whether the appellants violated court and District Collector orders by damaging mangroves in CRZ-1 area.
  2. 2 Whether salt manufacturing and bund construction violated environmental regulations in reserve forest and CRZ-1 area.
  3. 3 Whether parties may ignore a void/voidable order without declaration from competent forum.

Ratio Decidendi

The appellants knowingly and purposely damaged mangroves and other vegetation in CRZ-1 area in willful defiance of Court and District Collector orders, constructing a substantial bund and platform using debris and boulders in violation of environmental law and conditional permissions. No court can validate unlawful action; restoration of ecological area is ordered.

Court Disposition

Contempt proceedings filed by District Collector and Action Group allowed; contempt petition filed by appellants dismissed.

Orders

  • Appellants directed to restore the height and width of the bund as it was existing prior to the order passed by District Collector dated 27.1.2010 within 60 days by removing all debris, grit, boulders, dismantling platforms, and reducing the height and width.
  • All culverts and drains existing prior to 27.1.2010 facilitating natural flow of sea water shall be restored.