M/S VAAMIKA ISLAND (GREEN LAGOON RESORT) versus UNION OF INDIA AND OTHERS

M/S VAAMIKA ISLAND (GREEN LAGOON RESORT) versus UNION OF INDIA AND OTHERS

The inclusion of petitioner’s properties as Filtration Pond and their categorization under CRZ-1 in Map No. 32A of CZMP was correct, being based on scientific mapping and CRZ notifications; construction and reconstruction of beach resorts was in violation of CRZ Notifications 1991 and 2011, and the High Court’s demolition order was justified to protect ecologically sensitive wetlands.

Parties
Petitioner: MIS Vaamika Island (Green Lagoon Resort); Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
08 August 2013
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appeal From High Court Judgment
Outcome
Special Leave Petitions dismissed.
Legal Topics
Coastal Regulation Zone, Wetland Conservation, Illegal Construction, Demolition Orders
Environmental Law Coastal Regulation Zone Wetland Conservation Illegal Construction Demolition Orders

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Parties

MIS Vaamika Island (Green Lagoon Resort)

Petitioner

Union of India and Others

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether properties of the petitioner were wrongly included in Map No. 32A of Coastal Zone Management Plan as Filtration Pond and categorized under CRZ-1
  2. 2 Whether such inclusion and categorization is ultra vires CRZ Notification 1991 and 2011
  3. 3 Legality of construction and reconstruction of beach resorts on Vettilla Thuruthu Island under CRZ Notifications

Ratio Decidendi

The inclusion of petitioner’s properties as Filtration Pond and their categorization under CRZ-1 in Map No. 32A of CZMP was correct, being based on scientific mapping and CRZ notifications; construction and reconstruction of beach resorts was in violation of CRZ Notifications 1991 and 2011, and the High Court’s demolition order was justified to protect ecologically sensitive wetlands.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Demolition of illegal construction as directed by High Court upheld.
  • No interference with High Court’s orders to restore area to original position.