Bombay High Court Rules Against Centre's Post-Facto Clearance for Coastal Regulation Zone Projects

The Bombay High Court has nullified the Union government's decision to allow post-facto approvals for projects built in Coastal Regulation Zone (CRZ) areas without prior consent. This decision came from a division bench comprising Chief Justice D K Upadhyaya and Justice Amit Borkar, who annulled an Office Memorandum issued by the Ministry of Environment, Forests and Climate Change (MOEFCC) in February 2021.

Representative image

The court's order, dated September 24 and released on Wednesday, declared that issuing such a memorandum was legally unacceptable. The ruling followed a public interest litigation filed by the NGO Vanshakti, which argued that granting post-facto clearances would undermine the legal requirement for prior CRZ approval and effectively legitimize illegal constructions.

Legal Implications of the Memorandum

The court determined that the memorandum contradicted the provisions of the CRZ Notification, 2019. According to the High Court, executive instructions like this memorandum can only supplement statutory rules but cannot replace them. The CRZ notification of 2019 mandates prior clearance for any projects within CRZ areas, making post-facto clearances impermissible.

The memorandum had outlined a process to regularise projects initiated without necessary prior CRZ clearances. However, the court found this approach conflicted with existing regulations requiring prior approval for all projects within these zones.

Government's Argument and Court's Response

The Union government contended that several state governments had sought post-facto clearances for activities commenced without prior approval due to insufficient knowledge. Despite this argument, the court maintained that the memorandum was non-statutory and clashed with CRZ regulations mandating prior clearance.

This decision underscores the importance of adhering to established environmental regulations. It highlights that executive actions must align with statutory requirements to ensure legal compliance and environmental protection.