VidhiSangh

Supreme Court of India · 10/01/2018

THE SECRETARY, KERALA STATE COASTAL MANAGEMENT AUTHORITY versus DLF UNIVERSAL LIMITED (FORMERLY KNOWN AS ADELIE BUILDERS AND DEVELOPERS PVT. LTD.) & ORS.

[2018] 1 S.C.R. 146 · 2018 INSC 21

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In litigation over a completed Kochi housing project, the Court rejected the lower courts’ findings of substantial coastal violations on the inconsistent evidence and regulatory history. It sustained the one-crore-rupee fine for proceeding without prior clearance, required its transfer to the coastal authority, and directed stricter and clearer future clearance procedures.

Issues

  1. Whether the alleged coastal violations justified demolition in light of the records, conflicting authority reports and unchallenged integrated clearance.
  2. What consequences should follow construction before prior clearance and how the fine should be administered.

Provisions considered

Held

Result

Appeals disposed of with the impugned findings set aside, the one-crore-rupee fine sustained and redirected, and directions for future compliance and procedural simplification. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 146.