National Green Tribunal
News Item Titled "Concern Raised Over ... vs The Chief Secretary Tamil Nadu on 21 May, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.5 (i) & (ii):-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Dated this the 21st day of May, 2024.
(Through Video Conference)
Original Application No.143 of 2024 (SZ)
WITH
Original Application No.144 of 2024 (SZ)
IN THE MATTER OF:
O.A. No.143 of 2024 (SZ):
Tribunal on its own motion SUO MOTU based
on the News Item in „The Hindu‟ dt:
06.05.2024 titled, "Concern raised over
levelling of coastal dunes in
Injambakkam for beautification project".
And
1) The Chief Secretary to Govt. of Tamil Nadu
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
2) Tamil Nadu Coastal Zone Management/Regulation Authority
Through its Member Secretary
No.1, Jeenis Road, Panagal Building,
Ground Floor, Saidapet, Chennai - 600 015.
3) The District Collector
Chennai
District Collectorate Office,
62, Rajaji Salai, Fourth Floor,
Beach Road, George Town,
Chennai - 600 001.
4) Chennai Metropolitan Development Authority
Rep. by its Member Secretary
Gandhi Irwin Road, Egmore,
Chennai - 600 008.
...Respondent(s)
WITH O.A. No.144 of 2024 (SZ):
K. Saravanan S/o. Kasinathan Aged about 37 years, No.30, UrurKuppam, Besant Nagar, Chennai - 90.
...Applicant(s) Page 1 of 13 Versus
1) Tamil Nadu Coastal Zone Management Authority Rep. by its Member Secretary No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.
2) Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3) Chennai Shoreline Renourishment and Revitalisation Projects Limited Rep. by its Director No.1, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai - 600 008.
...Respondent(s) O.A. No.143/2024 (SZ):
For Applicant(s): Suo Motu.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3.
Mr. P. Wilson, Sr. Adv. along with
M/s. P. Veena Suresh for R4.
O.A. No.144/2024 (SZ):
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R3.
Mr. P. Wilson, Sr. Adv. along with
M/s. P. Veena Suresh for R2.
Judgment Reserved on: 15th May, 2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Page 2 of 13 COMMON JUDGEMENT Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. There was a news item reported in „The Hindu‟ dated 06.05.2024 under the caption, "Concern raised over levelling of coastal dunes in Injambakkam for beautification project".
2. As it was reported that the said project was altering the sand dunes for beautification, recreation and other such purposes, which is a prohibited activity, the matter was registered Suo Motu as O.A. No.143 of 2024 (SZ).
3. As per the newspaper report, the Chennai Metropolitan Development Authority (CMDA) officials had informed that the CRZ Clearance was obtained for the project and the pathway is being constructed at an average of 40 Meter from the High Tide Line (HTL). The CMDA, being a Project Proponent, was exploring the possibility of a beach development project for Blue Flag Certification.
4. After the matter was taken up Suo Motu by this Tribunal, there was another Original Application [O.A. No.144 of 2024 (SZ)] filed by one K. Saravanan, alleging the violations of the CRZ Notification, 2011 under the guise of beautification, rejuvenation and revitalization of the coast.
5. Presently, the respondents are carrying on the construction, land levelling, and reclamation and have even dug borewells in the CRZ area at Kasimedu, Thiruvottriyur and now started work at Injambakkam.
6. The applicant states that as per G.O. Ms.146, Housing and Urban Development Department dated 25.07.2022, a Special Purpose Vehicle was created for the renourishment and revitalization of Chennai‟s coast from Marina Beach to Kovalam Beach at a cost of Rs.100 Crores. The project is named as „Chennai Shoreline Renourishment and Revitalization Projects Limited‟. The project was intended to ensure environmental Page 3 of 13 conservation and preservation of marine ecology through effective management of the shoreline and to facilitate continuous access to the shoreline by connecting fragmented portions of the beaches, wherever possible, through esplanades and other physical and social infrastructure which promotes art, culture and other relevant information/ knowledge material.
7. For the above-said purpose, it was decided to acquire land, build, renovate, operate, lease or enter into agreements with such persons for the specific purpose of conceptualization, infrastructure creation, operation and maintenance, in line with the objectives of the project.
8. In this regard, the applicant has expressed his apprehension that when the CRZ Notification, 2011 prohibits development in the CRZ area, that is not specifically sanctioned, no such activities can be permitted. In CRZ - II areas, any development can only be done on the landward side of the existing authorized roads or existing authorized structures. The dressing or altering the sand dunes, hills, and natural features, including landscape changes for beautification, recreation and other such purpose are specifically prohibited activities.
9. The CMDA (Respondent No.2) and Chennai Shoreline Renourishment and Revitalization Projects Limited (Respondent No.3) had approached the 1st Respondent/ Tamil Nadu Coastal Zone Management Authority (TNCZMA) for clearance under the CRZ Notification, 2011. In the 124th Meeting held on 04.03.2024, the observation of the District Coastal Zone Management Authority (DCZMA) of Chennai District was recorded, which is as follows:-
"It was ascertained during inspection that the proposed site was found to be remains ecologically intact generally. No new/existing roads were found parallel to the sea coast nearer to the project site.
About 200 meters of area left uncovered in the project is identified to be a private property and not a fishing hamlet as entire sea shore envisages fishing hamlets.
Proposed project initiation site at Injambakkam is found to be established at100 to 150 meters from the shoreline and an average of 30 meters at Akkarai.
It is noticed that the proposed site location in the Injambakkam Akkarai stretch is very close (only 50m) to the Turtle nesting site and as the turtle nesting location tends to Page 4 of 13 very in and around the area each year it significantly affects the nesting area.
Lightings to be provided in the site will affect the Turtle nesting and movement and critically endanger them.
Excessive commercialization and footfall increase the chances of Turtle egg damage and stampede because the Marine Turtles lay eggs on open sandy beaches 40 to 60 m away from the shoreline. The incubation period of sea turtles varied between 45-70 days."
10. The DCZMA - Chennai, based on the site inspection, A. In respect of the Proposed Integrated Coastal Community Development in Injambakkam to Akkarai, Chennai District, observed that the proposed site was found to remain ecologically intact and no new/existing roads were found parallel to the sea coast nearer to the project site. It was noticed that the proposed site location is close to the turtle nesting site areas. However, citing the Office Memorandum dated 26.04.2022, "In case, the CZMA desires to consider an activity which is not explicitly mentioned in the Notification (CRZ Notification, 2011) or not permissible, such recommendations shall be forwarded with the detailed justification to the Ministry for consideration", recommended that the proposal may be forwarded to the MoEF&CC, Government of India. However, the Technical Expert Committee recommended that the CMDA may have a meeting with NCSCM to explore the possibility of including Akkarai Beach for blue flag certification.
B. In respect of the Proposed Integrated Coastal Community Development in Kasimedu, Tandiyarpet Village, Chennai District, observed that as per CRZ Notification, 2011, Para 3 (xiii), dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose is prohibited activity and the proposed activities and the total project site are situated in seaward side of the existing road in CRZ-II area. Hence, it was recommended to forward the proposal to the MoEF&CC, Government of India. However, the Technical Expert Committee recommended that this Page 5 of 13 project site also may be considered for blue flag certification.
C. In respect of the Proposed Construction of Integrated Coastal Community Development at Ernavoor Village & Thiruvottiyur Village, observed that as per CRZ Notification, 2011, Para 3 (xiii), dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose is prohibited activity and the proposed activities and the total project site are situated in seaward side of the existing road in CRZ-II area. Hence, it was recommended to forward the proposal to the MoEF&CC, Government of India. However, the Technical Expert Committee recommended that this project site also may be considered for blue flag certification.
11. Accordingly, the DCZMA of Chennai District recommended its views and observations of the Joint Inspection Team for this proposal to the TNCZMA. However, the 1st Respondent has gone beyond the statutory mandate and has suggested that the respondents can try as a „Blue Flag‟ project.
12. The applicant stated further that the respondents are proposing to construct pedestrian pathway, prefab structures, electrical rooms, landscaping, cycle track, food court, open air theatres, open parking, play area, etc. on the beach itself. It is pointed out that the Blue Flag is voluntary certification that deals with the access, clean water in the sea, etc.
13. In this regard, reliance was also placed on S.O.125 (E) dated 09.01.2020 issued by the MoEF&CC, which does not permit the activities proposed by the respondents.
14. Therefore, the applicant has sought for an injunction restraining Respondents No.2 and 3 from carrying on any activity, including construction and levelling of the beaches in Kasimedu, Thiruvottriyur and Injambakkam where work has already commenced for beachfront developments and also to Page 6 of 13 remove the borewells sunk in Kasimedu, Thiruvottriyur and Injambakkam by Respondents No.2 and 3.
15. After notice, the CMDA which is the Project Proponent filed its counter/report dated 14.05.2024. The counter states that, 15.1 The CMDA is developing an overall comprehensive master plan for the Comprehensive Shoreline Development Plan (CSDP) and Pre-feasibility assessment for the Chennai Shoreline Renourishment and Revitalization Project, in line with the World Bank Guidelines under the Tamil Nadu Housing & Habitat Development Project (TNHHDP) Component of the World Bank Funded Chennai City Partnership Programme.
15.2 The 4th Respondent also referred to S.O.125 (E) dated 09.01.2020 issued by the MoEF&CC to protect and conserve the environment and control pollution in coastal beaches and seawater and decided to identify beaches for the purpose of internationally recognized blue flag certification. The said certification standards called for responsible, sustainable amenities and infrastructure developments, cleanliness, safety, security services, etc. As the activities and facilities mentioned in the S.O. were exempted from prior clearance under the provisions of the CRZ Notification, the TNCZMA, in its 124th Meeting, suggested that the Project Proponent may explore the possibility of the projects for Blue Flag Certification in consultation with the National Centre for Sustainable Coastal Management (NCSCM).
15.3 It is also stated that the TNCZMA had approved that all the designs comply with the prescribed standards and only eco-friendly temporary structures and materials are being used. The facilities mentioned are only temporary in nature, removable, prefabricated and use ecologically sustainable materials adhering to the CRZ norms. The project also ensures extensive community engagement with key stakeholders including fishermen, hawkers, and Page 7 of 13 integrating the local communities whose livelihoods are dependent on the sea and beach.
15.4 According to the 4th Respondent, sea nourishment activities cannot be implemented without a holistic and integrated plan of the entire shoreline which would be addressed in the subsequent phases.
15.5 The 4th Respondent further stated that the borewells pointed out by the applicant are not within the project boundary.
15.6 The 4th Respondent has stated that they are procuring only prefabricated structures in compliance with the technical evaluation committee‟s recommendation. It is also emphasized that the project undertaken is within the guidelines of the CRZ - II area, utilizing the soft structures that preserve the area‟s natural characteristics. All the components mentioned are permissible under S.O.125 (E) dated 09.01.2020 of the MoEF&CC for obtaining certification as a Blue Flag Beach.
15.7 According to the 4th Respondent, the Blue Flag Certification aids better access to clean water, standardization of public amenities, etc. To qualify for the Blue Flag, a series of stringent environmental education, safety, and accessibility criteria must be met and maintained.
15.8 When the Project Proponent approached the TNCZMA for clearance, it was suggested by the TNCZMA to apply for Blue Flag Certification for the adoption of safe practice and maintenance norms. Therefore, it was stated that the Project Proponent is endeavouring to obtain the Blue Flag Certification.
16. As the issue in both Original Applications [O.A. Nos.143 & 144 of 2024 (SZ)] are the same, matters were heard together and reserved for judgment.
Page 8 of 1317. In both Original Applications, the issue is about the project being developed by the CMDA from Kasimedu to Akkarai which is a community development project.
18. The „Blue Flag Certification‟ is not new to the city of Chennai, as already Kovalam Beach is Blue Flag certified. Before proceeding further on this issue, it would be appropriate to advert to the S.O.125 (E) dated 09.01.2020 issued by the MoEF&CC. The said S.O.125 (E) is issued by the MoEF&CC with a view "to protect and conserve the environment and control and abate pollution in coastal beaches and seawaters, has decided to identify beaches for the purpose of internationally recognized „Blue Flag‟ Certification".
19. The „Blue Flag‟ Certification standards called for responsible and sustainable amenities and infrastructure development, cleanliness, safety and security services, etc. The Blue Flag Program is a challenge to the local authorities to achieve high standards in the categories of water quality, environment management, environmental education and safety. Undoubtedly, the Blue Flag Certificate is a highly respected and recognized award for working to bring together the tourism and environmental sectors at local, regional and national levels.
20. Originally, the MoEF&CC had issued S.O.2502 (E) on 12.07.2019 in order to prevent, conserve, protect and improve the quality of the environment and to identify the beaches for the purpose of Blue Flag Certification. As per the said S.O., beaches across the country have been identified for Blue Flag Certification in different States/Union Territories. In Tamil Nadu, only Mahabalipuram was considered as an identified beach. However, by virtue of S.O.125 (E) dated 09.01.2020 referred supra, S.O.2502 (E) dated 12.07.2019 was superseded. For the purpose of Blue Flag Certification, in such identified beaches, the following activities and facilities shall be permitted in the CRZ area, including islands, subject to maintaining a minimum distance of 10 Meter from the HTL:-
(a) Portable toilet blocks, change rooms and shower panels;
(b) Grey water treatment plant;
(c) Solid waste management plant;
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(d) Solar power plant;
(e) Purified drinking water facility;
(f) Beach access pathways;
(g) Landscaping lighting;
(h) Seating benches and sit-out umbrellas;
(i) Outdoor play / fitness equipment;
(j) CCTV surveillance and control room;
(k) First aid station;
(l) Cloak room facility;
(m) Safety watch towers and beach safety equipments;
(n) Beach layout, environment information boards and
other signages;
(o) Fencing, preferably vegetative;
(p) Parking facilities;
(q) Entry gate, tourist facilitation centre; and
(r) Other associated facilities or infrastructure, as per
requirements of Blue Flag Certification.
21. It is clearly and categorically mentioned that the activities and facilities mentioned above shall be exempt from prior clearance under the provisions of the CRZ Notification.
22. The learned Senior Advocate who appeared on behalf of the CMDA would argue that to attain the Blue Flag Certification, the above-referred activities have to be completed, for which reason, the CMDA had started cleaning the areas referred.
23. It is also admitted by the CMDA, in their counter, that the project under the Comprehensive Shoreline Development Plan (CSDP) having designed in compliance with the provisions of the CRZ Notification, 2011 and the criteria stipulated by the Foundation for Environmental Education for Blue Flag Certification as per S.O.125 (E) dated 09.01.2020 issued by the MoEF&CC.
24. Admittedly, the certification standards called for responsible and sustainable amenities and infrastructure development, cleanliness, safety and security services, etc. and such activities are also exempted from prior clearance under the CRZ Notification.
25. Therefore, it has to be tested whether the activities done by the CMDA, as a Project Proponent, are as per the S.O.125 (E) dated 09.01.2020 for obtaining Blue Flag Certification.
Page 10 of 1326. The S.O.125 (E) specifically mandates that the MoEF&CC has to decide and identify beaches for the purpose of internationally recognized Blue Flag Certification.
27. The Blue Flag has become a truly global program that increasing number of countries participating in it. The Blue Flag Program for beaches and tourism boards is run by the international non-governmental non-profit organization viz., Foundation for Environmental Education (FEE). A national operator can choose to have stricter criteria to what is the outline as long as they are in the same line with the Blue Flag international criteria. In this regard, S.O.125 (E) was issued by the MoEF&CC to conserve the environment and control and abate pollution in coastal beaches and for which purposes, is in the process of identifying the beaches. The above S.O. is very clear that the Blue Flag Certification can be obtained only in such identified beaches by permitting the activities and facilities in the CRZ, including islands, subject to maintaining a minimum distance of 10 Meter from the HTL. Therefore, the phrase „identified beach‟ gains importance.
28. It is not the case of either the applicant or the Project Proponent that the beaches between the Kasimedu and Akkarai in several segments are coming within the purview of the identified beaches. In that regard, it is to be seen that no such beaches have been identified as of now by the MoEF&CC. Therefore, unless and until the MoEF&CC, being a national operator, identifies the stretch between the Kasimedu and Akkarai, for the purpose of Blue Flag Certification, the same cannot be obtained by the CMDA. Without the Blue Flag Certification which permits the activities as per S.O.125 (E) dated 09.01.2020, the above exemption is not available to the Project Proponent as on date.
29. Unless and otherwise the Project Proponent gets the coastline, for which, it aims at getting the Blue Flag Certification, identified by the appropriate authority, it may not be possible for it to do any kind of activity.
Page 11 of 1330. In the 124th Meeting of the TNCZMA, the proposal for Integrated Coastal Community Development in Injambakkam to Akkarai (Greater Chennai Corporation area) submitted by the CMDA was considered. The EIA report was prepared and the NABET certificate is also valid up to 16.11.2025. The Comprehensive Shoreline Development Plan initiative was to enhance the coastal infrastructure while promoting sustainable development practices. The project aims to protect and enhance the shoreline by creating natural public spaces that promote recreation, leisure, and environmental sustainability in Thiruvottiyur Beach for an area of 2.88 Hectare.
31. The proposed activities are covered in an area of 28,860.71 Sq. Meters and provides for pedestrian walkways, prefab toilet, landscape, plaza, play area, temporary stall, and vendor spaces, open parking, and gathering spots.
32. Excepting for a pedestrian walkway, parking facilities and outdoor play/fitness equipment, the other activities as stated supra are not permitted under the S.O.125 (E) for Blue Flag Certification and as observed by the TNCZMA that most of the activities are prohibited activities. However, for the coastal community development in (i) Injambakkam to Akkarai, (ii) Kasimedu, Tondiarpet Village and (iii) Eranvur and Thiruvottiyur Village, the TNCZMA had suggested the Project Proponent to explore the possibility of the said three projects for Blue Flag Certification in consultation with the NCSCM.
33. Therefore, as on date, there is no approval from the TNCZMA and there is no S.O. enlisting these areas as identified beaches in terms of S.O.125 (E) dated 09.01.2020. Without the said beaches being identified any activity towards obtaining the Blue Flag Certification is impermissible.
34. It is fairly admitted by the learned Senior Counsel for the CMDA that cleaning work has already been undertaken. If that is so, the CMDA can do the cleaning work and the removal of encroachments in strict adherence to S.O.125 (E) dated 09.01.2020. Other than that, no work is to be undertaken without getting necessary approval from the TNCZMA under CRZ Page 12 of 13 Notification or exemption from the MoEF&CC as per S.O.125 (E) dated 09.01.2020 and declaring these stretches as „identified beaches‟.
35. If the Project Proponent wants to continue with a Comprehensive Shoreline Development Plan, it is up to them to approach the MoEF&CC and get the stretches of beaches as identified in terms of S.O.125 (E) dated 09.01.2020 or get appropriate approval from the TNCZMA before doing any other activity other than cleaning and removal of encroachments.
36. In the result,
(i) The Original Application No.143 of 2024 (SZ) is disposed of and the Original Application No.144 of 2024 (SZ) is allowed.
(ii) The Chennai Metropolitan Development
Authority cannot continue with the
Comprehensive Shoreline Development Plan without getting approval from the MoEF&CC as „identified beaches‟ in terms of S.O.125 (E) dated 09.01.2020.
(iii) The Chennai Metropolitan Development Authority also has to get appropriate approval from the Tamil Nadu Coastal Zone Management Authority before proceeding with any other activity other than the cleaning and removal of encroachments.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.143/2024 (SZ) O.A. No.144/2024 (SZ) 21st May, 2024. Mn.
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