INSTITUTE OF SOCIAL WELFARE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a public interest litigation. Institute of Social Welfare, represented by its Secretary, Mahakavi Bharathiyar Road, Cochin - 682016 is the petitioner herein. It is a registered Society. It is stated that the petitioner is interested in the welfare of the general public of Kerala, especially Ernakulam District. He has prayed for issue of a writ of mandamus commanding respondents J to 3 to take immediate measures for prohibiting all construction activities in the Cochin Marine Drive Area. He has also prayed for issue of a direction to respondents 1 to 3 to demolish the buildings which have been constructed in excess of the Floor Area Ratio (FAR) prescribed by the Kerala Building Rules, 1984 in the Cochin Marine Drive Area. Other prayers relate to issue of directions to the authorities to prevent the harvesting of ground water and construction of mechanisms therefor within 200 metres of High Tide Line in the Cochin Marine Drive Area and to prevent from discharging the waste by respondents 4, 5, 6 and 9 into the backwaters.

(2.) THE second respondent Greater Cochin Development Authority (for short, 'GCDA') has reclaimed the southern portion of the existing Shanmugham Road in the city of Cochin and the same was brought under Cochin Marine Drive Scheme. Under S.3 of the Environment (Protection) Act, 1986, Ministry of Environment and Forests (Department of Environment and Forests) issued a notification dated 19th February, 1991 imposing restrictions on construction of buildings, establishing industries, their operations and processes in the Coastal Regulation Zone (for short, 'CRZ'). Coastal stretches of seas, bays, estuaries, creeks, rivers and back waters which are influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL are defined as Coastal Regulation Zone. The Marine Drive area of Cochin is classified as CRZ II. The petitioner's grievance is that in gross violation of the above notification, the GCDA and other private agencies have already constructed multi storied buildings in the Marine Drive Area. Several companies have purchased portions of this area and commenced construction of buildings. As per the interim order dated 12-12-1994 in Writ Petition No. 664/93, the Supreme Court directed the State Government not to permit the setting up of any industry or the construction of any type in the area upto 500 meters from the sea water (Ext. P3). Inspite of such a direction by the Supreme Court, respondents 1 to 3 have allowed the other respondents to construct buildings and structures contrary to the notification. The buildings proposed to be constructed and those already constructed by respondents 4 to 9 are in violation of the FAR prescribed by the Kerala Buildings Rules, 1984. Respondents 3 and 4 have not taken any steps to prevent the disposal of wastes from the Cochin Marine Drive into the sea. Respondents 4 and 5 and others are allowed to draw ground water from the Cochin Marine Drive Area by installing machineries. There is no road on the western extremity of the Cochin Marine Drive Scheme adjacent to the sea wall, though there is only a walkway and a pedestrian foot overbridge.

(3.) WE heard counsel for the petitioner as also counsel for the respondents. Elaborate arguments were addressed by counsel on both sides and the State has produced the Coastal Zone Management Plan of Kerala prepared by the Centre for Earth Science Studies, Thiruvananthapuram on behalf of the Government of Kerala.