Case Note & Summary
The appeals were filed by the Kerala State Coastal Zone Management Authority (KCZMA) against the judgment of the Kerala High Court which had allowed writ petitions challenging show cause notices for cancellation of building permits. The respondent builders had constructed buildings on the shores of backwaters in Ernakulam, which is part of a tidally influenced water body and a large wetland. The KCZMA contended that the area was notified as CRZ-III under the Coastal Regulation Zone Notification 1991, where no construction is permitted within 200 meters of the High Tide Line. The High Court had held that the permit holders could not be penalized for the failure of local authorities. The Supreme Court, after hearing the parties, constituted a three-member committee to determine the CRZ category of the area. The committee reported that as per the Coastal Zone Management Plan (CZMP) of 1996, Maradu was marked as a panchayat area and fell under CRZ-III. Although Maradu was upgraded to a municipality in 2010, the CZMP 1996 remained valid until the new draft CZMP was approved. The committee concluded that the area was CRZ-III and the constructions were in the prohibited zone. The Supreme Court accepted the committee's report and held that the constructions were in violation of the CRZ Notification 1991. The Court set aside the High Court's judgment and restored the show cause notices, directing the authorities to proceed in accordance with law.
Headnote
A) Environment Law - Coastal Regulation Zone - CRZ-III No Development Zone - CRZ Notification 1991, Environment Protection Act, 1986 - Construction in CRZ-III area within 200 meters of High Tide Line is prohibited except for repairs of authorized structures - The Committee found that Maradu area was CRZ-III as per CZMP 1996, and constructions were in prohibited zone - Held that the show cause notice for cancellation of permits was justified (Paras 1-8). B) Environment Law - Coastal Zone Management Plan - Validity of CZMP 1996 - CRZ Notification 2011 - Until new CZMP is approved, CZMP 1996 remains valid - Maradu upgraded to municipality in 2010 but CZMP 1996 still applicable - Held that the area falls under CRZ-III (Paras 5-7).
Issue of Consideration
Whether the construction activities carried out by the respondents in Maradu Municipality fall within CRZ-III and are in violation of the CRZ Notification 1991, and whether the show cause notice for cancellation of building permits was valid.
Final Decision
The Supreme Court set aside the impugned judgment of the High Court and restored the show cause notices. The authorities were directed to proceed in accordance with law, taking into account the committee's report that the area falls in CRZ-III and constructions are in the prohibited zone.
Law Points
- CRZ Notification 1991
- Environment Protection Act
- 1986
- Coastal Zone Management Plan 1996
- Kerala Municipality Building Rules
- 1999
