IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 34311 of 2009(H) -------------------------- PETITIONER(S): --------------- YASORAMINFRA DEVELOPERS PVT.LTD., "YASORAM", CONVENT ROAD, ERNAKULAM, COCHIN-682035, REPRESENTED BY ITS MANAGING DIRECTOR SRI.A.R.S.VADHYAR. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, C.G.O.COMPLEX, ROOM NO.534, LODHI ROAD, NEW DELHI-110 003. 2. THE DIRECTOR (IA),MEMBER SECRETARY, ENVIRONMENTAL APPRAISAL COMMITTEE(NEW CONSTRUCTION PROJECTS)&MEMBER SECRETARY,ENVIRONMENTAL APPRAISAL COMMITTEE(INFRASTRUCTURE &MISCELLANEOUS PROJECTS &CRZ)MINISTRY OF ENVIRONMENT & FORESTS,ROOM NO.744 PARYAVARAN BHAVAN,CGO COMPLEX,LODHI RD,NEW DELHI-3 3. KERALA COASTAL ZONE MANAGEMENT AUTHORITY SCIENCE AND TECHNOLOGY (A) DEPARTMENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004. 4. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE NATIONAL COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS DIRECTOR, MINISTRY OF ENVIRONMENT AND FORESTS, ROOM NO. 744, PARAYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI- 110 003. ADV. SRI.P.M.M.NAJEEB KHAN, ADDL.CGSC FOR 1,2&5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.34311/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE UNION BANK OF INDIA, DATED 18THJUNE, 2004. EXT.P2: TRUE PHOTOSTAT COPY OF THE NOC LETTER ISSUED BY THE COCHIN CORPORATION TO THE GOVERNMENT OF KERALA ON 24.10.05. EXT.P3: TRUE PHOTOSTAT COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 23.3.07. EXT.P4: TRUE COPY OF THE MINUTES OF THE 44TH MEETING OF THE EAC, DATED 26TH TO 28TH JUNE, 2007. EXT.P5: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER, DATED 24TH JUNE, 2007. EXT.P6: TRUE PHOTOCOPY OF THE MINUTES OF THE 49TH MEETING OF EAC ON 25TH TO 27TH SEPTEMBER, 2007. EXT.P7: TRUE PHOTOCOPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE PETITIONER DATED 12.11.2007. EXT.P8: TRUE PHOTOSTAT COPY OF MINUTES OF THE 52ND MEETING OF EAC, DATED 19TH TO 22ND NOVEMBER, 2007. EXT.P9: TRUE PHOTOSTAT COPY OF THE ORDER NO.F.21311-2007-IA-III DATED 20.12.2007 OF THE 2ND RESPONDENT. EXT.P10: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT DATED 12.2.2008. EXT.P11: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 20.2.2008. EXT.P12: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 21.2.2008. EXT.P13: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 14.3.2008. WPC.34311/09 EXT.P14: TRUE PHOTOCOPY OF THE COMMUNICATION SENT BY 1ST REPSONDENT TO THE 3RD RESPONDENT, DATED 31.3.08. EXT.P15: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY R3 TO R1 DATED 18.4.2008 ALONG WITH COPY OF THE MINUTES OF THE MEETINGS REFERRED TO THEREIN. EXT.P16:TRUE PHOTOSTAT COPY OF THE MINUTES OF THE 17TH MEETING OF NCZMA ON 2ND JUNE, 2008, PROVIDED BY THE 1ST RESPONDENT ALONG WITH THE COVERING LETTER DATED 27.6.2008. EXT.P17: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT DATED 11.7.2008. EXT.P18:TRUE PHOTOSTAT COPY OF THE LETTER SENT BY PROF.K.V. THOMAS, MINISTER OF STATE FOR AGRICULTURE, GOVERNMENT OF INDIA TO THE PRINCIPAL SECRETARY TO THE PRIME MINISTER, NEW DELHI DATED 3.1.2009. EXT.P19: TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY R2 TO THE PETITIONER DATED 11.6.2009. EXT.P20: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RELSPONDENT DATED 3.7.2009. EXT.P21: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25.9.2009. EXT.P22: TRUE PHOTOSTAT COPY OF THE COVERING LETTER WITH THE PLAN SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12.10.2009. EXT.P23: TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 20.10.2009. EXT.P24: TRUE PHOTOCOPY OF THE LEGAL OPINION NO.DY.NO.FTS 563/09-ADV-B DATED 14.9.2009 GIVEN BY THE MINISTRY OF LAW AND JUSTICE. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34311 OF 2009 ------------------------------------------- Dated this the 5th day of August, 2010 JUDGMENT 1.The petitioner is a builder. It submitted a project to the Central Government with the clearance of the State Government. It has been issued the impugned Ext.P23, requiring it to submit “revised proposal in the prescribed format” and stating that “the proposal for CRZ clearance should be forwarded/recommended by the State Coastal Zone Management Authority”. 2.The petitioner submitted a proposal. There was certain objections to that from the Central Government. The issue was regarding the situs of the landing of the bridge at one end. The petitioner says that the said objection has been rectified by shifting the site of landing on a existing bridge. Obviously therefore, the clarification sought is only in relation to the CRZ Regulations and the clearance to be WPC.34311/09 2 required in terms of the CRZ notifications. The apprehension of the petitioner that the entire materials will have to be again placed by routing it through all the statutory authorities, including the Corporation, Development Authority, etc. is quite misplaced. Even learned counsel for the Central Government states, making reference to paragraph 8 in its counter affidavit, that all that is intended is that the revised proposal has to be placed in the prescribed format and routed through the State Coastal Zone Management Authority. All that this means is that whatever materials had already been placed will be available with the Central Government, however, that the modification in the proposal, i.e., revised proposal will have to be placed in the prescribed format under the CRZ notifications for obtaining clearance and the proposal of the petitioner should be forwarded to the Central Government with the recommendation by the State Coastal Zone Management Authority. Nothing more is required. WPC.34311/09 3 In view of what is stated above, this writ petition is ordered directing that if the petitioner places the revised proposal in the prescribed format, the State Coastal Zone Management Authority will consider that proposal, make its recommendations and forward it to the competent authority in the Central Government, taking into consideration that all the other authorities have already cleared the project except as regards the question of the place of landing at one end of the bridge. The said Authority and the Central Government will expedite consideration since there is no reason why the matter should be held back further, having regard to the larger public interest involved in the issue. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/08.