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

Background

The 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.

Findings

The 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 issued from time to time, and would certainly have a right to claim compensation as the said provision would be violative of Article 300A of the Constitution of India.”

Further, the Court stated that as of now 2011 CRZ notification is prevailing in Kerala and that the 2019 CRZ notification would come into force when the Coastal Zone Management Plan (CZMP) gets approved by the Central Government. It noted that even as per the 2019 CRZ notification, CRZ-III zones that permitted the construction within 200 metres have been reduced to 50 metres.

In the facts of the main writ petition, the Court found that the construction of a five-star hotel in Kundannur Canal was within 72 metres which was beyond the Coastal Regulation Zone as applicable to Kerala. It noted that the petitioner was issued with notice alleging violation of the Coastal Regulation Zone based on the CRZ 1991 notification when the CRZ 2011 notification had already come into force.

The Court thus directed the Kerala Coastal Zone Management Authority (KCZMA) to grant permissions based on the 2011 CRZ notification.

Accordingly, the Court allowed the writ petitions and quashed the notices issued by the KCZMA to the petitioners.

Citation: 2024 LiveLaw Ker 274

Case Title: Ajay Peter v Kerala Coastal Zone Management Authority & Connected Cases

Case Number: WP(C) NO. 32639 of 2015 & Connected Cases

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