[Coastal Zone Regulations] Kerala High Court Directs Authority To Only Consider Request For Construction Of Buildings After Approval Of 2023 Cadastral Map

The Kerala High Court directed the Kerala Coastal Zone Management Authority or other competent authorities to consider or reconsider the sanction request for the construction of buildings only after approval of the 2023 Cadastral Map by reducing the distance of 200 metres in CRZ- III to 50 metres. “As an upshot of my findings, I allow all other writ petitions, quash the impugned notices, in all matters/writs, issued by gram panchayats or KCZMA, even if they are issued by the committee or not, with further direction that the Kerala Coastal Zone Management Authority or other competent authorities would consider/reconsider request for sanction or take action only when the Cadastral Map of 2023 is approved by the Government whereby the distance of 200 metres in CRZ- III has been reduced to 50 metres and then examine each and every case, pending or future applications, depending upon the location, situation and the extent of construction, permitted or prohibited”, stated Justice Amit RawalBackgroundThe Court was considering writ petitions challenging actions taken by Panchayat and other authorities for withdrawing the permits issued for the purpose of construction of residences, shops and other commercial establishments in Coastal Regulations Zones (CRZ) in Kerala. The petitioners have challenged notices issued to them by the Kerala Coastal Zone Management Authority (KCZMA) alleging that the building was constructed in a 'No Development Zone' in violation of Coastal Regulations Zones. In 1991, the Ministry of Environment and Forest (MEF) issued a notification under the Environment Protection Act, of 1986 declaring coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters influenced by tidal action (on the landward side) up to 500 metres from the High Tide Line (HTL) and land between Low Tide Line (LTL) as Regulation Zones. As per the 1991 CRZ notification, restrictions were implemented for setting up, and expansion of industries and also provided for regulation of permissible activities in these Regulation Zones. Also, all coastal States and Union Territory Administrations were required to prepare Coastal Zone Management Plans (CZMP) for identification and clarification of the Regulation Zones in adherence to the 1991 notification. It was stated that the 1991 notification contains two annexures, Annexure I contains coastal area classification into four categories (CRZ I, II, III, IV) and development regulations were made for each category and annexure II contains guidelines for the development of beach resorts/hotels in the designated areas of CRZ-III for temporary occupation of tourists/visitors. In 2011, a new CRZ notification was issued in supersession of the 1991 notification. The 2011 notification gave special status to backwater islands in Kerala, issued guidelines for the preparation of maps etc. The relevant part of the 2011 notification read thus, “the islands within the backwaters shall have 50mts width from the High Tide Line on the landward side as the CRZ area”. Thus, the permissible distance for construction in the coastal zone was reduced from 200 metres to 50 metres by the 2011 CRZ notification.In 2019, another CRZ notification was issued by which the CRZ area was reduced to 20 metres from HTL which would be effective only on approval of Coastal Zone Management Plans (CZMP). As per CRZ 2019 notification, some area upto 50 meters from the HTL on the landward side were marked as 'No Development Zone'. The governments were directed to revise/update their Coastal Zone Management Plans (CZMP) based on CRZ notification 2019. Meanwhile, based on the CRZ notification 2011, the state government received approval for its Coastal Zone Management Plans (CZMP). However, the approval for the Coastal Zone Management Plan (CZMP) of the state government based on CRZ notification 2019 was pending. FindingsThe Court stated that Coastal Zone Management Plans had been undergoing changes through the issuance of various notifications. The Court noted that permissions were granted for the construction of Lulu Convention Centre and Exhibition Center Pvt. Ltd. in February 2012 and Aster Medicity in May 2011 by relying upon Coastal Zone Management Plans (CZMP) based on 2011 CRZ notification. The Court held that the State government considering the population density, natural backwaters, seashores, and tidal action and pursuant to Apex Court directions in Indian Council for Enviro- Legal Action v. Union of India and others (1996) decided to come up with a plan of 2023 reducing the area from 100 metres to 50 metres. The Court held that petitioners who were unable to complete constructions on their land due to a lack of the Coastal Zone Management Plan (CZMP) as per CRZ 2019 notification were entitled to claim compensation. It said, “Owners of various land falling in the prohibited area by virtue of the notifications, may not, in certain cases, be able to raise construction despite relaxation and exemption...

[Coastal Zone Regulations] Kerala High Court Directs Authority To Only Consider Request For Construction Of Buildings After Approval Of 2023 Cadastral Map

Tellmy Jolly

Tags