The Union Territory Of Lakshadweep Union Territory Of Lakshadweep . Administrator vs. Seashells Beach Resort Manager

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S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL NO(s). 4625-4626 OF 2012

UNION TERRITORY OF LAKSHADWEEP & ORS. Appellant (s)

VERSUS

SEASHELLS BEACH RESORT & ORS. Respondent(s) (With appln(s) for modification of Court's Order,impleadment,PERMISSION TO FILE LENGTHY LIST OF DATES and office report)

Date: 16/10/2012 These Appeals were called on for hearing today.

CORAM :

• HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE GYAN SUDHA MISRA
• For Appellant(s) Mr. D.S. Mahra,Adv.
• For Respondent(s) Mr. Sanjay,Adv. Mr. Gautam Narayan,Adv. Mr. Shivendra Singh,Adv.

UPON hearing counsel the Court made the following O R D E R

Another Interim Report dated 8th October, 2012, has been received from Chairperson of the Expert Committee appointed by this Court. From a reading of the said Report, it appears, the Expert Committee has held two meetings; one at Cochin on 13.08.2012 and the other at the Office of the Centre for Earth Science Studies, Trivandrum on 25.09.2012. The Report further indicates that the Centre for Earth Science Studies is preparing IIMPs (Integrated Island Management Plans) under the supervision and directions of the Committee and that suggestions for necessary changes in the said Plans shall be invited by widely publicising the IIMPs in terms of MoEF Notification dated 06.01.2011. The Committee also proposes to hold public hearings as a part of the process of receiving suggestions from the public in response to the publication of the draft IIMPs. These hearings are likely to be completed towards the end of November 2012 or beginning of December 2012 in connection with Agatti and Chetlat, two Islands, for which the exercise appears to be nearing completion. According to the Report the entire process would require another six months to be finalised.

Mr. Sanjay, Advocate, has filed Interlocutory Applications Nos. 7- 8, in which the applicant has sought permission to operate its establishment and to set up tented accommodation for the time being as the tourists season has already started.

Having heard learned counsel for the applicant, we do not propose to make any direction in the said applications except that the applicant shall be free to participate in the public hearings and to file a suitable application, if so advised, before the Committee, if not already filed, for the Committee to consider making suitable recommendations regarding the desirablity of the applicant being permitted to operate its establishment or putting up tented accommodation. We make it clear that we express no opinion on the merits of the contentions urged in the said applications which are left to be considered by the Committee having regard to the IIMPs and the Notification issued by the Government of India and other relevant considerations with which the Committee may be familiar.

We also permit the Chairperson of the Expert Committee to include any other Expert as Member of the Committee in place of Shri M.M. Kamath, who appears to have expressed his inability to continue as a Member of the Expert Committee on account of other commitments. The recommendation of the Committee regarding acceptance of withdrawal of Shri M.M. Kamath from the Committee is accepted. The matter shall now be listed in the month of January, 2013, after

another Report is received by the Expert Committee.

|(N.K. Goel) | |(Veena Khera) | |Court Master | |Court Master |