VAAMIKA ISLAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Vembanad Backwater is a Critically Vulnerable Coastal Area (for short "CVCA"), which supports exceptionally large biological diversity and constitutes the second largest wetlands in India. There are several islands in and around Vembanad Backwaters of which Vettilla Thuruthu is one amongst them.

(2.) Slp - petitioner preferred a Writ Petition (Civil) No. 2947 of 2013 before the High Court of Kerala seeking a declaration that few items of its properties, described therein, approximately 5.21 acres were wrongly included in Map No. 32A of the Coastal Zone Management Plan (for short "CZMP") prepared by the Kerala Coastal Zone Management Authority (for short "KCZMA") and hence ultra vires the Coastal Regulation Zone (CRZ) Notification, 1991 (for short "Notification 1991") and CRZ Notification, 2011 (for short "Notification 2011"). Petitioner has also sought for a declaration that classification of its properties situated in Vettilla Thuruthu Island as Filtration Pond (for short "FP") and the consequent categorization of the same under CRZ-I is unconstitutional, being ultra vires CRZ 1991 as well as CRZ 2011. The KCZMA took up the stand that CZMP for the State of Kerala was prepared based on the guidelines issued by the Ministry of Environment and Forests (for short "MoEF"), Government of India. CZMP (1995) of the State indicates the entire Vettilla Thuruthu as FP (fig. 1 : Map No. 32A of the CZMP). Notification 1991, therefore, shows the entire Vettilla Thuruthu as CRZ-I, and as per CRZ 2011, it is either CRZ-I, CRZ-III or CRZ-IV. Notification 2011 has defined Vembanad backwater as CVCA.

(3.) Moef also filed a statement before the High Court, wherein it was stated that the CZMP for Kerala was prepared by the MoEF on 27.9.1996 and that the construction of beach resorts within CRZ area requires prior clearance from MoEF, based on the recommendation of the KCZMA. Further, it was also pointed out, that Category I (CRZ-I) includes the area that are ecologically sensitive and important and that the Government of India, in exercise of the powers conferred under Sub-sections (1) and (3) of Section 3 of the Environmental (Protection) Act, 1986, has notified the KCZMA as the authority for the implementation of the provisions of both Notification 1991 as well as 2011 Notification.