WP/102601/2023 of RAJESH ACHYUT KAMAT Vs THE DEPUTY COMMISSIONER on 3 September 2026

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition impugning the notices dated 09.03.2023 and 27.03.2023. The petitioner contends that the said notices, which have been issued by the Deputy Commissioner and Chairman of the District Tourism Development Committee, Uttara Kannada (District Commissioner), are without jurisdiction.

2. A plain reading of the said notices indicate that the occupants are directed to vacate Ajvi Restaurant on the Karwar Beach, inter alia, on the allegation that the construction is in violation of the Coastal Regulation Zone [CRZ] notification, 2011.

3. The petitioner states that a tender was called on 12.06.2017 for running a Modern Food Court in place of a defunct planetarium that existed on the subject land. The petitioner claims that its bid was accepted and an agreement dated 05.09.2017 was entered, pursuant thereto the petitioner has made certain investments and also raised some structures to facilitate a food court.

HC-KAR

4. It is averred in the petition that an individual, named, Sri Vidyadhar Durgekar had filed a petition in the year 2021 before the National Green Tribunal [NGT] being O.A.No.225/2021 and the NGT constituted a Committee of experts, which submitted a report regarding the measures to remedy the overflowing soak pit in the petitioner's establishment, which is allegedly polluting the area. In the aforesaid backdrop, the petitioner claims that the notices dated 09.03.2023 and 27.03.2023 are without jurisdiction.

5. The learned counsel referring to Section 5 of the Environment Protection Act, 1986 [the 'Act'] submits that the District Commissioner of the District has no jurisdiction, since the power vested with the Central Government cannot be delegated to another authority.

6. The learned counsel appearing for the respondents has drawn the attention of this Court to an order dated 16.02.2023, whereby the Karnataka State Coastal Zone Management Authority has issued directions under Section 5 of the Act, inter alia, directing as under:

HC-KAR

“Wherefore, you, Additional Deputy Commissioner and Member Secretary, Dr. Rabindranath Tagore Beach Development and Conservation Committee (Rgd), Karwar, Uttara Kannada District is hereby directed under section 5 of the Environment (Protection) Act, 1986 to demolish,

1) Rock garden Constructed in CRZ I & partially in CRZ II,

2) Building Constructed adjacent to Drive in Hotel in CRZ I & partially in CRZ II, 3) Branded Food Court constructed in CRZ I & partially in CRZ II for violation of the provisions of CRZ Notification 2011 as per para 8 I CRZ I (i) & para 8 II CRZ II (i).”

7. The impugned notices issued to the petitioner are clearly in furtherance to the directions issued by the concerned authority, thus in view of the above, the premise that the District Commissioner has issued directions under Section 5 of the Environment Protection Act, 1986, is erroneous as the District Commissioner is only implementing the said directions.

8. The directions dated 16.02.2023 are not the subject matter of challenge in this petition. The learned counsel appearing for the petitioner submits that the challenge to the same is laid before the National Green Tribunal [NGT]. It is also apparent that the forum where the petitioner can seek any relief in regard to said directions is, the NGT and no relief in this regard can be claimed before this Court.

HC-KAR

9. In view of the above, the present petition is dismissed.

10. We, however, clarify that this order would not preclude the petitioner from availing its remedies, in accordance with law.

11. Pending applications stand disposed of.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

KMV List No.: 2 Sl No.: 16