Kerala High Court Disallows Construction Of Public Crematorium In Dense Mangroves Forest Area Classified As CRZ-1A

The Kerala High Court has dismissed an appeal filed by Dharmadam Grama Panchayat seeking to construct a public crematorium in a site of mangrove forest. The Coastal Zone Management Authority (CZMA) had given permission to construct the crematorium in the area. However, the Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu observed that the permission itself mentions that the site falls under CRZ-I. The Court observed that construction cannot be allowed considering the 'larger public interest in environment protection'. It added that the area is an ecologically fragile coastal area that should be protected from disruptive activities. It further observed that since the area comes under CRZ-1A, which requires highest level of protection, no construction of crematorium is permissible.The Court noted that as per Coastal Regulation Zone Notification (CRZ Notification), no construction is permitted in CRZ-1A (a sub-classification of CRZ-1) except for certain exceptions. It further held that when the CZMA itself had rejected Panchayat's earlier application to construct the crematorium in that site, it should have conducted a thorough review before giving permission especially considering the significant mangrove presence in the area.The permission to construct the crematorium was challenged by a resident living next to the proposed site. He submitted that the entire side which is adjacent to the Dharmadam River is covered with a dense belt of mangroves. The petitioner claimed that the repeated reconsideration of the application despite expert advice against was 'due to outside influence'. The Senior Scientist commissioned by the Kerala Council for Science, Technology and Environment, who inspected the site had reported that the site has thick mangrove cover in the area greater than 1000 sq.km and should be categorized as CRZ-1A.The CRZ Authority had repeatedly rejected requests made by the Panchayat for permission for construction in 2014, 2016 and July 2018. However, in November 2018, all the previous decisions were reversed and the CRZ clearance was granted.This order was challenged by the resident before the Single Judge. The Counsel for CRZA said that the area was incorrectly classified under CRZ I and it should have been classified under CRZ III. Subsequently, this change was made by the CRZA changing the category of the site to CRZ-III.The Single bench however observed that the re-classification made subsequently could not validate the clearance order that was given when the land was still classified as CRZ-I. Against this order, the Panchayat and CRZA filed appeals.The CRZA relied on the Supreme Court decision in Airports Economic Regulatory Authority of India v Delhi International Airport (2024) to contend that it can file appeal. The Court said that the question is “whether it should have filed an appeal.” The CRZ had replied by saying that it was filing an appeal because crematorium is a public utility. The Court said that it is the duty of Panchayat to construct the crematorium and CRZA duty was connected with granting permission for the construction. The Court said the appeal of CRZA has to be noted in the light of petitioner's contention of outside influence.The appellants argued that the area was CRZ-III as per Coastqaal Zone Management Plan. The later order made by the CRZA was only to correct the mistake, not change the classification. As per this argument, the area was already CRZ-III when the permission for construction was given.The Court however rejected this argument saying that the permission and the requests made by the Panchayat mentions that the purposed land fell under CRZ-I. The Court further said that even if the land is classified as CRZ-III, the permission cannot be given automatically. The permission can be given only on a case-by-case basis taking into account the specific environmental characteristics of the site. Accordingly, the appeal was dismissedCase Title: Kerala Coastal Zone Mangement Authority v P. M. Sukhilesh and OthersCitation: 2025 LiveLaw (Ker) 26Click Here To Read/ Download Order

Kerala High Court Disallows Construction Of Public Crematorium In Dense Mangroves Forest Area Classified As CRZ-1A

Manju Elsa Isac

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