Maradu, a fishing hamlet, in the State of Kerala, had
been in news for a few months with the media zooming in on four water front
Apartment Complexes. Earlier this year the Apex Court had directed the Kerala
State Government to demolish these flats for violation of the provisions of
Coastal Regulatory Zone Regulations observing that the area in which the
construction activities have been carried out is part of tidal influenced water
body and the construction activities in those areas are strictly restricted
under the provisions of the CRZ Notifications[i]. These
apartments along with the families residing in them, were awaiting verdict of
the Apex Court on the mercy petitions filed against its demolition like
convicts in death row. Yet another set of persons who were silently awaiting
the verdict were the Bankers who had advanced loans for the purchase of flats
in these apartments. Once the flats were demolished these Banks and financial
institutions are in despair as they have not been left with any security for
enforcing recovery of their loans in the event of the flat owners defaulting.
What are
Coastal Regulatory Zones?
With the objective of conservation and protection
of the coastal environment, Ministry of Environment and Forest and Climate
Change had, in the year 1991, issued the Coastal Regulation Zone (CRZ)
Notification. The CRZ Notification intended to ensure that the development
activities are consistent with the environmental guidelines for coastal areas
and impose restrictions on setting up of industries which have detrimental
effect on the coastal environment and thereby protect the delicate marine
ecosystem against unregulated development in coastal zones. As per the
provisions of this Notification ‘Coastal Zone’ is a transition area between
marine and territorial zones which includes shore ecosystems, wetland
ecosystems, mangrove ecosystems, mudflat ecosystems, sea grass ecosystems, salt
marsh ecosystems, and seaweed ecosystems. It includes rivers, creeks and
backwaters also.
As per the 1991 Notification the coastal areas were
classified into four categories:
1. CRZ-I –
Ecologically sensitive areas such as national parks/marine parks, sanctuaries,
reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close
to breeding and spawning grounds of fish etc and such area that lie between
high and low tide line which are very much essential for maintaining the
ecosystems have been included under this Zone.
2. CRZ-II -
Areas up to the shoreline of the coast that have already been developed have
been included under this Zone.
3. CRZ-III -
Rural and urban areas which fall outside CRZ-I and CRZ-II were covered under
CRZ-III. These will include coastal zone in the rural areas (developed and
undeveloped) and also areas within Municipal limits or in other legally
designated urban areas which are not substantially built up.
4.
CRZ-IV - Aquatic areas up to territorial limits are
notified under CRZ-IV.
Evolution
of CRZs
The original Notification had imposed numerous
restrictions and regulations upon construction, mining and other development
activities under the CRZ areas with an intention to protect the delicate marine
ecosystem critical for the sustaining coastal biodiversity. According to the
original Notification, the respective State Governments were required to prepare
the Coastal Area Management Plans within a period of one year from the date of
Notification. However majority of the States and Union Territories failed to
frame the Management Plans until the Hon’ble Supreme Court interfered and put
in place deadlines for finalising the Management Plans.[ii]From
their inception of these Rules were criticised and described as too narrow and
restrictive by various stakeholders. The Notification witnessed more than a
dozen amendments, from 1991 to 2011, considerably watering down its severity.
However the provisions of these Rules were still considered as restrictive by many
stake holders, especially from the manufacturing and industrial sectors, who
continued to appeal for modification of the provisions.
In the light of various representations received from
stakeholders, the Ministry of Environment, Forest and Climate Change
constituted a Committee under the Chairmanship of Dr. Shailesh Nayak to examine
various issues and concerns of coastal States and Union territories and various
stakeholders, relating to the Coastal Regulation Zone Notification, 2011 and to
recommend appropriate changes in the said Notification. The Shailesh Nayank Committee held wide ranging
consultations with State Governments and other stakeholders and submitted its
recommendations along with a draft Notification, in 2015. The findings of the
Committee were deliberated by the Parliamentary Sub Committees with
representatives from Coastal States and based on overall imperative of
sustainable development of Coastal areas and need for conserving the Coastal
environment the Government has notified
modified Coastal Regulation Zone (CRZ) Notification on 18th January,
2019.
Under the 2019 Notification, the classification of CR
Zones has undergone significant modifications. The CRZ I has been bifurcated as
CRZ – I (A) and (B), with Category I (A) covering the ecologically sensitive areas
(ESAs) and the geomorphological features which play a role in maintaining the
integrity of the coast, including Mangroves, coral reefs, marine parks turtle
nesting grounds, areas or structures of archaeological importance and heritage
sites etc and Category I(B) covering the intertidal zone i.e. the area between
Low Tide Line and High Tide Line (HTL). These tide lines are demarcated by the
National Centre for Sustainable Coastal Management based on latest satellite
imagery and ground truthing.[iii]
CRZ-II shall constitute the developed land areas up to or
close to the shoreline, within the existing municipal limits or in other
existing legally designated urban areas, which are substantially built-up with
a ratio of built-up plots to that of total plots being more than 50 per cent
and have been provided with drainage and approach roads and other
infrastructural facilities, such as water supply, sewerage mains, etc. Such
land areas which does not fall within the ambit of CRZ II have been classified
as CRZ III. It is further
categorised into CRZ III (A) and CRZ III (B) based on the density of
population in these areas. The water area has been classified as CRZ – IV.
Restrictions
under CRZ Notifications
The CRZ guidelines are implemented at the National
level by Ministry of Environment, Forest and Climate Change and in the States by
the respective State Governments through Coastal Zone Management Authorities
based on the coastal zone management plans (CZMP) which guides future
development on and regulations regarding the coast.
The 2019 Notification prescribes various
restrictions and regulations for construction and development activities in
each Zone. Paragraphs 4 and 5 of the 2019 Notifications stipulate various permissible
and non-permissible activities under each Zone. The projects/activities, which
are located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area
covered between Low Tide Line and 12 Nautical Miles seaward) shall be dealt
with for CRZ clearance by the Ministry of Environment, Forest and Climate
Change. The powers for clearances with respect to CRZ-II and III have been
delegated at the State level with necessary guidance[iv]. Prior clearance from State Coastal
Management Authority is to be mandatorily obtained before any development
activity. Further an NOC from the respective State Coastal Zone Management
Authority is a necessary prerequisite for a coastal local body for approving a
building plan in a CRZ area. No dwelling units are permissible to be
constructed within the No Development Zone (NDZ) except for construction or
reconstruction of dwelling units of traditional coastal communities including
fisher folk. Temporary
tourism facilities are also now permissible in the "No Development
Zone" (NDZ) of the CRZ-III areas as per the Notification. However, a
minimum distance of 10 m from HTL should be maintained for setting up of such
facilities. For islands close to the main land coast and for all Backwater
Islands in the main land, in wake of space limitations and unique geography of
such regions, bringing uniformity in treatment of such regions, NDZ of 20 m has
been stipulated.
(It may be noted that for sake of brevity, only selected restrictions have
been mentioned here and does not cover the entire scope of the Notification
which is much elaborative.)
Effect of CRZ Violations
It has been reiterated by the Supreme Court in plethora of cases that the
Coastal Regulation Zone notifications have been issued in the interest of
protecting environment and ecology in the coastal area and construction raised
in violation of such regulations cannot be lightly condoned.[v] It is
pertinent to note that any constructions effected in violation of the CRZ
Notifications will be considered as illegal even if NOC was obtained from the
respective Local authority (like Village Panchayat or Municipalities) for such
construction.[vi]
It has been categorically asserted by Supreme Court that it is not open to the
local authority, i.e., Panchayat, to grant any kind of permission without
concurrence of State Coastal Zone Management Authority[vii].
Hence reasonable diligence should be exercised in identifying and
avoiding properties offered as securities which are in violation of the CRZ
guidelines. It is a settled position of law that any constructions made
in violation of CRZ Notification cannot be regularised[viii].
To borrow the words of the Apex
Court, “he who breaches its terms does so
at his own peril”[ix].
[i] See
Kerala State Coastal Zone Management Authority v. State of Kerala Maradu
Municipality, 2019 (7) SCC 248
[iv] See PIB
Notification on Cabinet Approval of CRZ Notification, available at
https://pib.gov.in/newsite/PrintRelease.aspx?relid=186875
[v] See
Piedade Filomena Gonsalves v. State of Goa (2004 AIR SC 3112); M/s Vaamika
Island (Green Lagoon Resort) v UOI (2013 (10) SCALE 190)
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