Kerala HC Expresses Displeasure Over Delayed Finalization Of Coastal Zone Management Plans; Asks Central Body To Take Measures [Read Order]

Expressing displeasure over the delayed preparation of the Coastal Zone Management Plan(CZMP) for Kerala under the earlier Coastal Regulation Zone (CRZ) Notifications, the High Court of Kerala has directed the National Centre for Sustainable Coastal Management under the Central Ministry of Environment and Forests to file an affidavit detailing the steps required for finalizing the CZMP for Kerala as per the latest CRZ notification within this year itself.

The Division Bench of Chief Justice Hrishikesh Roy and Justice A K Jayasankaran Nambiar noticed that the CZMPs as per the CRZ regulations of 1991 and 2011 were prepared with a lot of delay, leading to an anomalous situation where the CZMP prepared as per earlier notification continued to operate even after the subsequent notification was issued. The CZMP as per 2011 CRZ regulations was prepared only in 2019. By that time, 2019 CRZ regulations had come in force. 

"We find that the Coastal Zone Management Plans prepared for effective implementation of the CRZ notifications have invariably been delayed, leading to a lamentable situation where the Coastal Zone Management Plan finalised does not relate to the CRZ notification that is currently in force. On account of the transitional provisions under the various CRZ notifications, the Coastal Zone Management Plan prepared in accordance with the earlier CRZ notification continues to operate during the period of operation of subsequent CRZ notification; a situation that could have been avoided if timely action was taken by the authorities concerned to finalize the Coastal Zone Management Plan in terms of the relevant CRZ notification. The fact that Coastal Zone Management Plan prepared in accordance with 2011 notification was finalized only in 2019 serves to illustrate the problems faced by the stakeholders, more so when the Central Government had by then, in January 2019, notified the 2019 Coastal Regulation Zone notification", stated the order authored by Justice Jayasankaran Nambiar.

In this backdrop, the Court directed the Central body to to file an affidavit stating the measures and parameters to be adopted for correctly identifying areas in the state falling under different Coastal Regulation Zone (CRZ) categories, especially the areas falling under CRZ-II, III, IIIA, IIIB categories as per 2019 CRZ notification. The authority has also been directed to clearly specify the time frame within which the exercise can be completed.

The Court was hearing a petition filed by Kaloor Jospeh complaining that Panchayat areas have been wrongfully classified as CRZ-III. According to the petitioner, substantially developed areas should be classified as CRZ-II, regardless of whether they fall within Municiaplity or Panchayat limits.

The Kerala Coastal Zone Management Authority has finalised the CZMP without following due process and without holding the mandatory public hearing, contended the petitioner. 

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