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Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021

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PIL filed by challenging the legality, validity and correctness of OM dated 19.2.2021 permitting post facto CRZ clearance.  OM prescribes procedure for dealing with violations for not obtaining prior CRZ clearance for permissible activities.   The impugned OM permits the project proponent operating in CRZ areas to seek post facto clearance.

The Notification of 2019 which superseded 2011 Notification does not provide for post facto clearance, whereas, the impugned OM prescribes procedure for post facto CRZ clearance. Thus, OM provides for some thing which is not  provided in the statutory notification.  As a result, the impugned OM supplants the statutory Notification rather than supplemental the same.

HELD that after issuance of CRZ Notification of 2019 and in the absence of any amendment, post facto CRZ clearance permitted by non-statutory OM dated 19.2.2021 is illegal.

PIL No.7 of 2023 of Vanashakti and another Vs. Union of India and others with connected matters.

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