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FACTUAL SUMMARY
The Union of Joania is a Member of United Nations and a party to the Statute
of the International Court of Justice (ICJ).The Union of Joania is also a
member of all major Multilateral Environmental Agreements (MEAs) which
deals with the concepts of Nature Conservation, Hazardous Material,
Atmospheric Emissions and Marine environment. The Union of Joania is also a
Contracting Parties to the United Nations Convention on Biological Diversity
(CBD), 1992. In accordance with the provisions of the CBD, Union of Joania
has enacted a national legislation, The Biological Diversity Act, 2002.The
Union of Joania is also a party to the Stockholm Declaration of 1972. Pursuant
thereto, the Union of Joania and State of Tammista have formulated various
legislative and executive guidelines in conformity with its international
commitments.
In early 1980, after the tourism industry started blossoming elsewhere the
government of Joania enacted the Environment Protection Act, 1986. The
government of Tammista also strengthened the implementation of the Act and
other rules and regulations for protection and conservation of the environment.
The 'Tammista Hotels Association' on the other hand is arguing that such
constructions, even though carried out in different phases and at different
times, were completed before the Coastal Regulation Zone were enacted under
the powers of the said Act.
The High Court of Tammista dealt with both the separate petitions together and
vide combined order dated 20.07.2016 uphold the validity of the demolition
notices.Being aggrieved and dissatisfied by the aforesaid order dated
20.07.2016 'Tammista Hotels Association' has now approached the Supreme
Court of Joania by invoking Article 136 of the Constitution of Joania, on the
grounds inter-alia, that the civic bodies do not have any authority to issue the
said demolition notices and that once the permission has been received for
making constructions, the renovations to the same shall also be governed by the
existing laws prevalent at the relevant time of making constructions.
The Supreme Court of Joania has been pleased to admit the Special Leave
Petition (SLP) and has also been pleased to grant interim reliefs, whereby the
operation of the Demolition Notices has been stayed. After the SLP was
admitted, hue and cry has occurred in the State of Tammista. Small institutions
and groups have also come up with their own reports and findings on the
television as well as in newspaper. One such unverified report,reveals that the
permissions and sanctions which were received by the hotels in question under
the then existing rules and regulations to make constructions were received by
bribing the authorities.
'Tammista Hotels Association' is vehemently opposing such statements being
motivated by and published at the insistence of Mr. Rohit Shah.
You are now arguing before the Supreme Court of Joania, and the matter is
listed for final arguments.
Note: - The Indian Laws will be applicable for the state of Tammista