2. FACTS
• Goa Foundation, Goa was opposed to the
idea of the construction of a hotel by Diksha
Holdings Pvt. Ltd. based on their concerns for
the environment. (The proposed plot was
close to the coastline)
3. OBJECTIONS PUT FORTH BY THE GOA
FOUNDATION
• The plot of land given to Diksha Holdings
comes within CRZ-I, wherein the construction
of holtels is not permissible.
• The construction of the hotel complex would
lead to irreversible ecological damage in the
coastal area as the area consists of a large
number of sand dunes and as such is against
the Environment (Protection) Act.
• The authority which granted permission to
Diksha Holdings is at fault due to his neglect
of the above laws and his non application of
mind while granting permission.
4. Based on the above factors, the Goa
Foundation, filed a writ of mandamus
in the High Court of Bombay, seeking
to injunct the hotelier from
constructing the proposed hotel,
which was dismissed.
The Goa Foundation challenged this
decision of the High Court of Bombay
in the Supreme Court.
5. ISSUES BEFORE THE COURT
1. Whether the plot of land given to Diksha
Holdings (respondents) is within CRZ-I
area?Has the appropriate authority erred in
classifying the plot under consideration to be
CRZ-III?
2. Will there be an irreversible ecological damage
to the sand dunes as well as the coastline as a
result of the construction of the hotel?
3. Has there been a non application of mind by
the concerned authorities? (Whether there was
arbitrariness?)
6. THE COURTS RESPONSE IN ISSUE 1
Whether the plot of land given to Diksha Holdings (respondents) is within CRZ-I area? Has the
appropriate authority erred in classifying the plot under consideration to be CRZ-III?
• No, the plot of land given to the respondents
does not form a part of CRZ-I.
• CRZ –I is an area wherein human constructions
are not allowed. These are strictly ‘no
development zones’.
• The restrictions in CRZ- I extend up to 500
meters from High Tide line.
• CRZ- III is an area wherein human constructions
though regulated, are allowed.
• In CRZ-III, human constructions are not allowed
within 200 meters from the High tide line, but
from 200-500 meters, constructions can be
allowed if approved by the appropriate ministry.
7. • For determining whether a land is CRZ I or
CRZ III, the test is to check whether the place
itself is or is close to a settlement area. If yes,
it is to be termed as CRZ III.
• In this case, the plot in dispute was a part of
Nagorcem settlement area, there were
schools, temples, houses etc.
• Therefore, the plot was rightfully categorized
CRZ III by the concerned authorities and
there was no arbitrariness.
• As far as the restriction within CRZ III is
concerned, the plot was beyond 200 metres
and there is no dispute in this regard.
8. THE COURTS RESPONSE IN ISSUE II
Will there be an irreversible ecological damage to the sand dunes as well as the coastline as a
result of the construction of the hotel?
• No, there is no such effect.
• Various reports suggested that the sand
dunes existed only till 200 meters from the
High Tide line. The proposed hotel was
beyond that point and hence the dunes
would remain unaffected.
9. THE COURTS RESPONSE IN ISSUE III
(Has there been a non application of mind by the concerned authorities? (Whether there was
arbitrariness?))
• No, there are no signs of arbitrariness or non
application of mind.
• The concerned authorities have considered
reports from various institutions, none of which
seem to strengthen the issues put forth by the
appellants or the Goa Foundation.
• The authorities took extra care and precaution
wherein they delayed the grant of permission
only to check whether ‘all was well’.
10. • While deciding upon the afore mentioned
issues, the Court reiterated the principle laid
down in INDIAN COUNCIL FOR ENVIRO LEGAL
ACTION v UNION OF INDIA, which is –
“…that there should be a proper balance between
the protection of environment and the
development process : The society shall have to
prosper, but not at the cost of the environment
and in the similar vein, the environment shall
have to be protected but not at the cost of the
development of the society there shall have to
be both development and proper environment
and as such, a balance has to be found out and
administrative actions ought to proceed in
accordance therewith and not dhors the same”
