Indian Council For Enviro-Legal Action Vs. Union of India & Ors.
EmailAppeal: Writ Petition (C) No. 664/93
Petitioner: Indian Council For Enviro-Legal Action
Respondent: Union of India & Ors.
Apeal: Writ Petition (C) No. 664/93
Judges: S.C.AGRAWAL & S.SAGHIR AHMAD , JJ.
Date of Judgment: Aug 21, 1998
Head Note:
ENVIRONMENT
Environment ( Protection ) Act, 1986
Section 3(3) with Environment ( Protection ) Rules , 1986 – Rule 5 – Coastal Management Authority – Central Government shown to have established National Coastal Zone Management Committee – Direct-ed to be designated as ” Authority ” – States or Union Territories also having established such ” authorities ” – Only West Bengal empowered the State Pollution Control Board to discharge all functions – Directed to set-up ” State Coastal Management Authori-ty ” .
Environment ( Protection ) Act, 1986
Section 3(3) with Environment ( Protection ) Rules , 1986 – Rule 5 – Coastal Management Authority – Central Government shown to have established National Coastal Zone Management Committee – Direct-ed to be designated as ” Authority ” – States or Union Territories also having established such ” authorities ” – Only West Bengal empowered the State Pollution Control Board to discharge all functions – Directed to set-up ” State Coastal Management Authori-ty ” .
JUDGEMENT:
1 . In pursuance of the directions contained in the order dated July 17 , 1998 affidavit of Senthil Vel , Deputy Director , Ministry of Environment & Forests , New Delhi has been filed . In the said affidavit it is stated that the concerned States and Union Territories had prepared and submitted the Coastal Zone Manage-ment Plans ( CZMPs ) within the stipulated date and the same were approved by the Central Government on September 27 , 1996 with certain conditions and modifications as detailed in the approval letters . Along with the said affidavit a copy of the order dated August 13 , 1998 has also been filed which shows that the Central Government has constituted the National Coastal Zone Management Committee . Since Section 3(3) of the Environment ( Protection ) Act , 1986 provides for constitution of authority or authorities and the direction of this Court is for the constitution of a National Coastal Zone Management Authority , the National Coastal Management Committee should be designated as the National Coastal Zone Management Authority . The notification dated August 13 , 1998 should , therefore be suitably amended .
2 . Affidavits have also been filed on behalf of the States of Gujarat , West-Bengal , Maharashtra , Orissa , Tamil Nadu and Kerala and Union Territories of Andaman and Nicobar , Daman & Diu and Pondicherry . On behalf of the State of Tamil Nadu a copy of the Notification has been filed along with the statement but there is no affidavit . From the said affidavits and the statement it appears that in the States of Gujarat , Maharashtra , Orissa , Tamil Nadu and Kerala and the Union Territories of Pondicherry . Andaman and Nicobar and Daman & Diu steps have been taken for the constitution of the State Coastal Management Authorities .
3 . State of West-Bengal. On behalf of the State of West-Bengal affidavit of Shri Pranab Sanyal , Chief Environment Officer , Department of Environment , Govt. of West Bengal has been filed and along with the said affidavit a Memorandum dated February 7 , 1997 has also been filed . The said Memorandum states that the State Government is of the view that for the time being to start with the West-Bengal Pollution Control Board will discharge the overall responsibilities of monitoring the Coastal Zone Viola-tions and that the West-Bengal Pollution Control Board will be assisted in this respect by the three Sub-Regional Development Authorities , namely , Haldia , Digha and the Department of Sun-derban Affairs . In our judgment dated April 18 , 1996 we have considered as to whether the Pollution Control Boards can be entrusted with the task of controlling pollution in the coastal zones and implementation of Coastal Zone Management Plan and the Court felt that since the Pollution Control Boards are not only overworked but simultaneously have a limited role to play insofar as it relates to controlling of pollution for the purpose of ensuring effective implementation of the notifications of 1991 and 1994 as also of the Management Plans , the Central Government should consider setting up under Section 3 of the Act , State Coastal Management Authorities . In view of the direction con-tained in the said judgment of this Court the Central Government in consultation with the Government of West Bengal shall take steps for constitution of the State Coastal Management Authority for the State of West-Bengal .
4 . State of Karnataka. Shri Mahale , the learned counsel appear-ing for the State of Karnataka states that the notification for the constitution of State Coastal Management Authority has been issued and the State of Karnataka would file a copy of the order along with affidavit within three days .
5 . Andhra Pradesh. Shri T.Anil Kumar , the learned counsel appearing for the State of Andhra Pradesh also states that notification for the constitution of the State Coastal Manage-ment Authority has already been issued in May 1998 and a copy of the same along with the affidavit will be filed within a week.
6 . The Central Government shall take steps to constitute the State Coastal Management Authority in respect of the said States in accordance with the provisions of sub-section(3) of Section 3 of the Environment ( Protection ) Act , 1986 read with Rule 5 of the Environment ( Protection )Rules , 1986.
7 . Put up after four weeks .
2 . Affidavits have also been filed on behalf of the States of Gujarat , West-Bengal , Maharashtra , Orissa , Tamil Nadu and Kerala and Union Territories of Andaman and Nicobar , Daman & Diu and Pondicherry . On behalf of the State of Tamil Nadu a copy of the Notification has been filed along with the statement but there is no affidavit . From the said affidavits and the statement it appears that in the States of Gujarat , Maharashtra , Orissa , Tamil Nadu and Kerala and the Union Territories of Pondicherry . Andaman and Nicobar and Daman & Diu steps have been taken for the constitution of the State Coastal Management Authorities .
3 . State of West-Bengal. On behalf of the State of West-Bengal affidavit of Shri Pranab Sanyal , Chief Environment Officer , Department of Environment , Govt. of West Bengal has been filed and along with the said affidavit a Memorandum dated February 7 , 1997 has also been filed . The said Memorandum states that the State Government is of the view that for the time being to start with the West-Bengal Pollution Control Board will discharge the overall responsibilities of monitoring the Coastal Zone Viola-tions and that the West-Bengal Pollution Control Board will be assisted in this respect by the three Sub-Regional Development Authorities , namely , Haldia , Digha and the Department of Sun-derban Affairs . In our judgment dated April 18 , 1996 we have considered as to whether the Pollution Control Boards can be entrusted with the task of controlling pollution in the coastal zones and implementation of Coastal Zone Management Plan and the Court felt that since the Pollution Control Boards are not only overworked but simultaneously have a limited role to play insofar as it relates to controlling of pollution for the purpose of ensuring effective implementation of the notifications of 1991 and 1994 as also of the Management Plans , the Central Government should consider setting up under Section 3 of the Act , State Coastal Management Authorities . In view of the direction con-tained in the said judgment of this Court the Central Government in consultation with the Government of West Bengal shall take steps for constitution of the State Coastal Management Authority for the State of West-Bengal .
4 . State of Karnataka. Shri Mahale , the learned counsel appear-ing for the State of Karnataka states that the notification for the constitution of State Coastal Management Authority has been issued and the State of Karnataka would file a copy of the order along with affidavit within three days .
5 . Andhra Pradesh. Shri T.Anil Kumar , the learned counsel appearing for the State of Andhra Pradesh also states that notification for the constitution of the State Coastal Manage-ment Authority has already been issued in May 1998 and a copy of the same along with the affidavit will be filed within a week.
6 . The Central Government shall take steps to constitute the State Coastal Management Authority in respect of the said States in accordance with the provisions of sub-section(3) of Section 3 of the Environment ( Protection ) Act , 1986 read with Rule 5 of the Environment ( Protection )Rules , 1986.
7 . Put up after four weeks .
