Inclusion Of Land In CRZ As Per 2019 Notification Can Be Objected Even If Land Is Shown CRZ-III As Per 2011 Notification : Kerala High Court

The Kerala High Court has observed that the inclusion of a land in Coastal Regulation Zone-III in the Coastal Zone Management Plan(CZMP) prepared as per the 2011 CRZ Notification is not a bar against objecting to the inclusion of the said land in a CRZ zone as per the CZMP to be made as per the 2019 CRZ Notification.

A single bench of Justice PB Suresh Kumar noted that the CZMP prepared as per 2011 Regulations will remain in force only till the CZMP as per 2019 Regulations is notified. The bench also noted that steps for finalizing the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2019 are underway.

Therefore, the High Court directed the competent authority to consider the objections against the inclusion of certain plots in Alangad Panchayat as CRZ zones in the CZMP as per 2019 Regulations. The said lands are categorized as CRZ III as per the existing CZMP.  According to the petitioner, one Selil Moideen, the said lands should have been brought under CRZ-II zone in the CZMP. He approached the High Court seeking a direction to consider his representation to re-categorize the lands as CRZ-II(developed area).

The Kerala Coastal Zone Management Authority told the Court that the CZMP as per the 2011 notification was finalized on August 28, 2019 and therefore no relief can be granted to the petitioner.

The Court noted that just before the finalization of the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2011, the Coastal Regulation Zone notification,2011 has been replaced by the Coastal Regulation Zone notification, 2019.

"As such, the Coastal Zone Management Plan prepared pursuant to the Coastal Regulation Zone notification, 2011, would be in force only till Coastal Zone Management Plan pursuant to the Coastal Regulation Zone Notification, 2019 is finalised", the Court observed.

 Taking note of the fact that the preparation of CZMP as per 2019 notification was under process, the Court directed the competent authority to consider the representation of the petitioner.

"In the circumstances, this writ petition is disposed of making it clear that the inclusion of the land of the petitioner in CRZ – III zone in the Coastal Zone Management Plan prepared under the Coastal Regulation Zone notification,2011 will not preclude the petitioner from raising objection against the inclusion of his land in any of the Coastal Regulation Zones in the Coastal Zone Management Plan proposed under the Coastal Regulation Zone Notification,2019", the Court observed.

If objections are raised by the petitioner in the public hearing in connection with the finalisation of the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2019, the same shall be addressed by the competent authority, the Court directed.

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