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Supreme Court of India 2018-01-10 partly_allowed

Secretary, Kerala State Coastal Management Authority vs DLF Universal Limited (Formerly known as Adelie Builders and Developers Pvt. Ltd.) & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

A housing project by DLF Universal Limited in Kerala commenced construction without first obtaining environmental and Coastal Regulation Zone (CRZ) clearances, though municipal permits and other approvals were in place. Environmental clearance took six years to obtain (2007–2013). The Kerala Coastal Management Authority and others alleged illegal land reclamation and environmental violations, seeking demolition. The High Court regularized the project subject to a Rs. 1 crore fine. The Supreme Court partly allowed the appeal, upholding regularization and the fine while setting aside the violation findings. The Court found authorities had been negligent, contradictory, and delayed in granting clearances. Though DLF improperly proceeded without prior clearance, evidence of violations was insufficiently established, and the final SEIAA clearance was never withdrawn or challenged. The Court emphasized that authorities must act promptly and consistently to avoid creating uncertainty for developers.

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Environmental Law Coastal Regulation Zone Environmental Clearance Construction and Development Administrative Law Environmental Violations Building Regulations

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