Construction in 50-metre zone of coast during 1994-96 not illegal: SC

The Supreme Court has held that constructions done by real estate firms between 1994 and 1996 in the 50-metre zones from the coast lines are not illegal. The constructions were allowed after government had brought an amendment in 1994 in the Coastal Regulation Zone Act, 1991 reducing the 100-metre 'no development zone' to 50-metre.

However, the amendment in the law was set aside in 1996 by the apex court on a public interest litigation. A real estate firm from Goa had approached the apex court after the state government stopped it from completing the construction for which the clearance was secured before the judgement. Allowing its plea, a bench comprising Chief Justice K G Balakrishnan and Justice J M Panchal held that the construction which started before the amendment was quashed by the apex court cannot be termed as illegal.

The apex court had quashed the amendment allowing construction up to 50 metres from the existing 100 metres from the tidal sea shore in April 1996. "It is declared that the judgement dated April 18, 1996 in Indian Council for Enviro-Legal Action vs Union of India, declaring part of the amending Notification dated August 16, 1994 to be illegal, will not affect the completed or the on-going constructions being undertaken pursuant to the said Notification,” the court said. The court further said, “Amendments made in the year 1994 were declared to be illegal vide judgement dated April 18, 1996. Till then, its operation was neither stayed by this court nor by the Government. Therefore, a citizen was entitled to act as per the said notification.”

The court also did not agree with the submissions of the Centre the any ongoing construction within the said 50 metres should not be allowed to complete. “The contention raised on behalf of the respondents that the construction already completed would not be affected in any manner by decision of this court in Indian Council for Enviro-Legal Action but incomplete construction cannot be permitted to be completed is devoid of merits," the bench said.

The court further said grant of permission to construct within the restricted area was given under the 1994 notification and actions taken pursuant to it “would not be affected in any manner whatsoever.” The court's direction came over a petition filed by Goan Real Estate & Construction Ltd, which had taken approval from the state government for construction of hotel and residential complex near tidal river Zuari in Goa.