IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 1050 of 2010(S) ------------------------- PETITIONER(S): ------------------------ INSTITUTE OF SOCIAL WELFARE, REPRESENTED BY ITS SECRETARY, MAJOR.M.G.C.NAIR (RETD.), 407, BRINDAVAN APARTMENTS, VYTTILA, ERNAKULAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, GOVERNMENT OF KERALA, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 4. THE CENTRE FOR EARTH SCIENCE STUDIES, REPRESENTED BY ITS DIRECTOR, AAKKULAM, THIRUVANANTHAPURAM-695 031. 5. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R5 SRI.S.RAMESH FOR R3 SRI.V.KRISHNA MENON FOR R4 GOVT.PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1050/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LETTER NO.J-17011/23/92-1A-III, DATED 27TH SEPTEMBER, 1996 SENT BY THE 5TH RESPONDENT. EXT.P2: TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO.20278 OF 1997, DATED 2ND JUNE, 1998. EXT.P3: TRUE PHOTOSTAT COPY OF THE COASTALZ ONE MANAGEMENT PLAN MAPOF KERALA, NO.34, PERTAINING TO THOPPINPADI- MURUKKINDAPADAM. EXT.P4: TRUE PHOTOSTAT COPY OF THE ORDER NO.J.17011/8/92-1A (III), DATED 4TH JANUARY, 1999 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FORESTS. EXT.P5: TRUE PHOTOSTAT COPY OF THE LETER NO.1591/A2/08/S&TD, DATED 23RD SEPTEMBER, 2008 SENT BY TH 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.P.(C) NO. 1050 OF 2010 ====================== Dated this the 11th day of February, 2011 J U D G M E N T Antony Dominic, J. This public interest litigation has been filed with the following prayers:- i. to issue a writ, direction or order in the nature of mandamus commanding the respondents 1 to 4 to prepare the Local Level Coastal Zone Management Maps as required as per Ext.P4 order in respect of all the Panchayats and Municipalities in the State, within a reasonable time which this Hon'ble Court deems think fit and necessary in the circumstances of the case, and the 5th respondent be directed to consider the same in accordance with law and issue necessary approval order. ii. Such other reliefs which this Hon'ble Court deems fit and necessary in the circumstances of the case for the effective implementation of the Coastal Regulation Zone Notification, 1991. 2. When the writ petition was taken up for hearing, it was brought to our notice that the Government of India, Ministry of Environment and Forests have issued the Coastal Regulation Zone Notification dated 6/1/2011 and para 5 thereof provides for preparation of Coastal Zone Management Plans, which reads as under:- WP(C) No.1050/10 : 2 : 5. Preparation of Coastal Zone Management Plans. (i) The MoEF may obtain the CZMPs prepared through the respective State Government or Union territory; (ii) The CZMPs may be prepared by the coastal State Government or Union territory by engaging reputed and experienced scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of MoEF and in consultation with the concerned stakeholders; (iii) The hazard line shall be mapped by MoEF through SoI all along the coastline of the country and the hazard line shall be demarcated taking into account, tide, waves, sea level rise and shoreline changes; (iv) For the purpose of depicting the flooding due to tides, waves and sea level rise in the next fifty and hundred years, the contour mapping of the coastline shall be carried out at 0.5 m interval normally upto 7km from HTL on the landward side, and the shoreline changes shall be demarcated based on historical data by comparing the previous satellite imageries with the recent satellite imageries; (v) Mapping of the hazard line shall be carried out in 1:25,000 scale for macro level planning and 1:10,000 scale or cadastral scale for micro level mapping and the hazard line shall be taken into consideration while preparing the land use plan of the coastal areas; (vi) The coastal States and Union Territory will prepare within a period of twenty four months from the date of issue this notification, draft CZMPs in 1:25,000 scale map identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure-1 of the notification, WP(C) No.1050/10 : 3 : which involve public consultation; (vii) The draft CZMPs shall be submitted by the State Government or Union territory to the concerned CZMA for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986; (viii) The State Government or Union territory CZMA shall submit the draft CZMPs to MoEF along with its recommendations on the CZMP within a period of six months after incorporating the suggestions and objections received from the stakeholders; (ix) MoEF shall thereafter consider and approve the CZMPs within a period of four months from the date of receipt of the CZMPs complete in all respects; (x) All developmental activities listed in this notification shall be regulated by the State Government, Union Territory Administration, the local authority or the concerned CZMA within the framework of such approved CZMPs as the case may be in accordance with provisions of this notification; (xi) The CZMPs shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking revision of the maps following the above procedures; (xii) The CZMPs already approved under CRZ notification, 1991 shall be valid for a period of twenty four months unless the aforesaid period is extended by MoEF by a specific notification subject to such terms and conditions as may be specified therein. 3. A perusal of this shows that the Coastal Management Plans are to be prepared in the manner as provided therein, and WP(C) No.1050/10 : 4 : therefore, with this provision in the notification, the main grievance of the writ petitioner stands redressed. 4. The further grievance raised is regarding the issuance of CRZ clearance certificates. Learned standing counsel appearing for the 3rd respondent has brought to our notice that the Government have already issued notification vide GO(Ms) No.53/2001/STED dated 18th July, 2001 regulating the issuance of such certificates. Therefore, that grievance of the petitioner also is taken care of. Recording the aforesaid, we close this writ petition. J.CHELAMESWAR, CHIEF JUSTICE. ANTONY DOMINIC, JUDGE. Rp