A C PARTHAN Vs. NAYARAMBALAM GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioners in this bunch of Writ Petitions are stated to be residents of some "small islands" as the petitioners would call them like Vypeen, Mulavukadu, etc. in Ernakulam District. According to the petitioners, these "small islands" are by and large surrounded by Arabian Sea as well as backwaters. Since they are included under CRZ III category, the area upto 200 meters from the High Tide Line has been ear-marked as 'no development zone.' Resultantly, no construction/reconstruction/renovation of dwelling units or other structures is permitted. However, in Lakshadweep and small islands which are included in CRZ IV, discretion is vested with the appropriate authority to decide the distance from the High Tide Line, depending on the size of the islands, to grant permission for construction of buildings. But in the case of coastal areas included in CRZ III category, the authorities are prohibited from permitting any construction except for repairs of existing authorised structures and that too not exceeding the existing plinth area, density, etc. The grievance of the petitioners is that because of the inclusion of the entire coastal area comprising these small islands in CRZ III, they are deprived of their right to construct any dwelling house or other buildings in their properties.

(2.) The primary prayer in these Writ Petitions is to issue a writ of mandamus or such other appropriate writ or direction to the Kerala Coastal Zone Management Authority to make necessary modification or amendment in the Coastal Zone Management Plan of Kerala in such a way as to allow the residents of these small islands to make construction in their respective properties. In other words, the prayer is to include these small islands like Vypeen, Mulavukadu, Vallarpadom, etc. under CRZ IV category as in the case of Andaman and Nicobar islands, Lakshadweep and other small islands.

(3.) On December 15, 1990 the Ministry of Environment and Forests had issued a notification under Section 3 of the Environment Protection Act, 1986 for short 'the Act' inviting objections prior to the issuance of "Coastal Regulation Zone Notification". Thereafter, on February 19,1991 the Govt. of India issued the notification invoking the power under Sections 3(1) and 3(2)(v) of the Act and also under Clause (d) of Sub-rule (3) of Rule 5 of the Environment Protection Rules, 1986. By the said notification, it was declared by the Government that the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 meters from the High Tide Line (HTL) and the land "between the Low Tide' Line (LTL) and the HTL shall be classified as Coastal Regulation Zone under four categories, namely, CRZ-I, CRZ-II, CRZ-III and CRZ-IV. By the same notification several restrictions were imposed for setting up and expansion of industries, their operations, processes, etc. in the said Coastal Regulation Zone. The notification inter alia further dealt with prohibited activities, permissible activities, procedure for monitoring and enforcement, etc. Under Annexure I of the notification, the coastal regulations and developmental regulations were classified.