Order of the National Green Tribunal (Western Zone Bench, Pune) in the matter of Vanashakti & Others Vs Union of India & Others dated 11/11/2024. In the application, the validity of CRZ Notification 2019 is under challenge. Applicants have prayed to declare the notification ultra-virus or, alternatively, to declare certain provisions of the notification as arbitrary, illegal, and ultra-vires. In pursuance to the order dated October 16, 2024 passed by two Member Bench of Western Zonal Bench, the present larger Bench has been constituted.

CRZ Notification, 2019 is applicable to all the coastal States namely Maharashtra, Goa, Gujarat, Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, West Bengal and Odisha and Union Territories (UTs) namely Puducherry, Daman & Diu, Lakshadweep and Andaman & Nicobar.

On perusal of the original applications, the court said that only the states of Maharashtra and Goa and the Coastal Zone Management Authority (CZMA) of these two states have been impleaded in the Original Applications.

Since the decision on these Original Applications on the validity of CRZ Notification 2019 will affect all the coastal states and State Zonal Management Authority to whom the impugned notification applies, therefore NGT heard counsel for the parties on the issue of impleadment of the concerned states and authorities likely to be affected by the outcome of these original applications.

Akash Rebello, counsel for the applicant (OA No.106/2022(WZ)) has submitted that the impugned notification has been issued by the Central Government, therefore, for deciding the issue of the validity of the notification, only the Central Government is a necessary party, and the concerned states and its authorities need not be impleaded. He has submitted that the impleadment will delay the adjudication of the issue.

Swati Jindal Garg, Counsel appearing for Ministry of Environment, Forest and Climate Change (MoEF&CC) has submitted that the outcome of these original applications, deciding the validity of CRZ Notification, 2019, will have pan India effect and, therefore, states and Union Territories likely to be affected by the outcome must be given an opportunity of hearing.

Having heard the counsel for the parties and on perusal of the record, the court pointed out that undisputedly, CRZ Notification, 2019 applies to coastal states namely Maharashtra, Goa, Gujarat, Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, West Bengal and Odisha and Union Territories (UTs) namely Puducherry, Daman & Diu, Lakshadweep and Andaman & Nicobar.

It has been pointed out to the court that following the provisions of the impugned notification, Coastal Zone Management Plan (CZMP) for some of the states/Union Territories have already been prepared and approved by MoEF&CC and these states and Union Territories are Odisha, Maharashtra (two districts: Mumbai and Mumbai Sub-Urban), Karnataka and ICRZ Plan for Andaman.

As per the pleadings in OA No. 106/2022 (WZ) CZMP for Mumbai City and Mumbai Suburban district was published on September 29, 2021 and it has come into effect. Concerned authorities in other have already acted upon the CZMPs prepared based on the provisions of CRZ Notification 2019. It has also been pointed out that the state of Karnataka has prepared the CZMP which is under challenge in OA No. 225/2021(SZ) & M.A. No. 05/2023 before Southern Bench of NGT.

"It is not a case where the Tribunal is deciding the challenge to CRZ Notification 2019 at the stage when no action in pursuance to the said Notification was taken, but after issuance of impugned CRZ Notification, more than five years have passed," the order said.

Therefore, not only to comply with the Principles of Natural Justice but for the complete effective and proper adjudication of these Original Applications, it is necessary to implead the Coastal States/Union Territories and State Zonal Authorities, which are likely to be affected by the outcome of this litigation, the court added.

The NGT directed impleading coastal zone management authorities from Goa, Gujarat, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Maharashtra, Odisha, West Bengal, Dadar & Nagar and Daman & Diu, Lakshadweep, Puducherry, Andaman & Nicobar as well as Secretary, Ministry of Earth Science and Secretary, Island Development Authority. All the newly added respondents have been directed to file their response by way of affidavit before the next date of hearing, December 19, 2024.