Lok Sabha Question No. 315 (STARRED), answered on 2018-08-08
Subject: CRZ Notification
Ministry: LAW AND JUSTICE
Asked by: RAVINDRA BABU  PANDULA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA

## STARRED QUESTION NO. 315

## TO BE ANSWERED ON WEDNESDAY, THE 8 TH  AUGUST, 2018 *****

## CRZ Notification

## *315.   DR. RAVINDRA BABU:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Coastal Regulation Zone(CRZ) Notification is part of the 'Law' under Article 13 of the Constitution of India, and if so, the details thereof;
- (b) the details of the Constitutional provisions under  which  agencies like Ministries, consultants, corporations and corporate houses, etc. are authorized to make such laws without parliamentary debate; and
- (c) whether the Government or its agencies have been exempted from incorporating provisions contained in Part 3 and Part 4 of the Constitution during the policy formulation and if not, the status of land titles and livelihood titles granted to fishermen communities in coastal belt since 1991?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c) : A Statement is laid on the Table of the House.

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (c)  of  LOK  SABHA STARRED QUESTION NO. 315 FOR ANSWER ON 08 TH  AUGUST, 2018.

The CRZ Notification is a part of law under the Constitution. As per sub-clause (a) of clause (3) of article 13 of the Constitution, 'law' includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

The Parliament vide article 246 of the Constitution enacted the Environment (Protection)  Act,  1986  (29  of  1986)  which  is  a  principal  legislation,  duly  enacted  as  per parliamentary procedure. However, the Environment (Protection) Act, 1986 delegated certain powers  to  the  Central  Government  to  issue  notification  under  section  3  of  the  said  Act. Exercising those powers, the Ministry of Environment, Forest and Climate Change issued the CRZ Notification.

The essence of CRZ Notification is to conserve and protect the unique environment and marine area of the coastal stretches to provide livelihood security for the fisher and other local communities and promoting sustainable development based on scientific principles, duly taking into  account  the  natural  hazards  in  the  coastal  areas  and  the  sea  level  rise  due  to  global warming etc.  The  Notification  provides  for  livelihood  security  to  the  fisherman  community. While  there  are  strict  regulations  for  construction,  industrial,  commercial  setups  and  also residential  buildings,  the  CRZ  notification  protects  the  interests  of  the  fisher  community  by means of suitable enabling provisions even in the No Development Zone (NDZ) of the CRZ. Facilities  associated  with  livelihoods  of  fishing  community  such  as  fish  drying  yards,  net mending yards, traditional boat building yards, ice plants, ice crushing units, auction walls, fish curing  facilities  etc.  have  been  permitted  in  the  NDZ.  Fisher  communities  and  other  local communities have also been permitted to repair or reconstruct their dwelling units, as per their traditional rights in the NDZ.