National Green Tribunal
Puri Bar Association vs Union Of India Ministry Of Environment ... on 16 September, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 74/2021/EZ
IN THE MATTER OF:
Puri Bar Association, Puri,
A registered Society registered under the provisions
of Societies Registration Act, 1860 (ACT No. XXI of
1860), bearing Registration No. P. R. 518-305 of
1981-82, having registered office at - Kacheri Road,
Puri, P.S.-Sea-Beach, P.O./District-Puri, represented
by the Secretary of Puri Bar Association, Kacheri
Road, P.S.-Puri Town, P.O.-Puri, District-Puri, Pin -
752001,
....Applicant(s)
Versus
1. Secretary of Govt.
Ministry of Environment, Forest & Climate Change,
(MoEF&CC), Govt. of India,
Indira Paryavaran Bhavan, Jor Bagh Road,
Aliganj, New Delhi - 110003,
2. The Chairman,
National Coastal Zone Management Authority,
Paryavaran Bhavan, CGO Complex,
Lodhi Road, New Delhi - 110003,
3. The Director,
National Centre for Sustainable Coastal Management
(NCSCM),
Ministry of Environment, Forest & Climate Change
(MoEF&CC), Govt. of India,
Anna University Campus, Chennai, Tamil Nadu,
Pin - 600025,
1
4. Director General of Forest (Central),
Ministry of Environment, Forests and Climate Change,
(MoEF&CC), Govt. of India,
Eastern Regional Office, A/3 Chandrasekharpur,
Bhubaneswar - 751023,
5. The Chief Secretary, Govt. of Odisha,
General Administration Department,
Lok Seva Bhawan, Sachivalaya Marg,
Unit-II, Keshari Nagar, Bhubaneswar,
Pin - 751001,
6. The Chairman,
Odisha State Coastal Zone Management Authority (OCZMA),
First Floor, Administrative Building,
Regional Plant Resource Centre Campus,
Nayapalli, Bhubaneswar - 751015,
7. Principal Secretary to Govt., Govt. of Odisha,
Forest and Environment Department,
Kharvel Bhawan, Keshari Nagar,
Unit-V, Bhubaneswar - 751001,
8. The director, Environment-cum-special Secretary &
Member Secretary, OCZMA, Forest and Environment
Department,
Kharvel bhawan, Keshari Nagar, Unit-V, Bhubaneswar,
Pin - 751001,
9. The Chairman-cum-Collector & D.M.,
District Coastal Zone Monitoring Committee, Puri,
O/o The Divisional Forest Officer, Puri Wildlife Division,
Chakratirtha Road, At/P.O./District-Puri,
Pin - 752002,
10. The Chairman,
State Pollution Control Board,
2
Parivesh "Bhawan, A/118, Nilakantha Nagar,
Unit-viii, Bhubaneswar - 751012,
11. The Principal Secretary to Govt., Govt. of Odisha,
Housing and Urban Development Department,
Kharvel Bhawan, Keshari Nagar,
Unit-V, Bhubaneswar - 751001,
12. The Chairman, Puri Konark Development Authority,
V.I.P. Road, Puri,
Pin - 752001,
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Prasanta Kumar Mishra, Advocate
COUNSEL FOR RESPONDENTS :
Mr. Soumitra Mukherjee, Advocate for R-1, 2 & 4,
Mr. P. P. Mohanty, AGA a/w Mr. Prasenjeet Mohapatra, ASC for
R-5 to 7,
Ms. Papiya Banerjee Bihani, Advocate for R-10,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- September 02nd, 2022 Pronounce On:- September 16th, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.3
2. The Applicant in this Original Application is seeking quashing of the approval of the Coastal Zone Management Plan ('CZMP' for short), Odisha, dated 01.06.2021 approved by the Ministry of Environment, Forest and Climate Change, Respondent No.1, with regard to Village/Mouza Sipasurubili in the Puri District, for Sheet No. E 45B 13/SW, with a further direction to the Respondents not to change the existing land use as specified in the Sea-Beach Development Plan published in the year 1983. A further direction has also been sought to the Respondents not to provide any recommendation for development and construction activities in Village/Mouza-Sipasurubili on the basis of the letter dated 01.06.2021 (Annexure-15 and Annexure-16 to the Original Application).
3. The Applicant has further alleged that the area in question i.e., Sheet No. E 45B 13/SW in Village/Mouza Sipasurubili, has now been illegally classified as CRZ-II whereas it should have been classified as CRZ-IIIB. It is also stated by the Applicant that a recommendation to that effect was, in fact, made by the District Coastal Zone Management Authority ('DCZMA' for short), to the State Government, but the State Government has declared the area as CRZ-II and forwarded the same to the Ministry of Environment, Forest and Climate Change, which was approved as CRZ-II by the Ministry on 01.06.2021 which is in violation of the CRZ Notification, 2019.
4
4. The further contention of the Applicant is that under the pretext of development, the Respondents are changing the Kisam of agricultural properties as well as casuarinas trees, patita land and water bodies and also changing the classification of Village/Mouza- Sipasurubili of Gorual Panchayat from western boundary of Puri Municipality to Mangala River by changing its classification from CRZ-IIIB to CRZ-II, violating the CRZ Notification, 2019 in the Coastal Zone Management Plan.
5. The Applicant has, inter-alia, sought quashing of the approval of the CZMP with regard to Village/Mouza-Sipasurubili in Puri District for Sheet No. E 45B 13/SW as approved by the Ministry of Environment, Forests and Climate Change on 01.06.2021 and has also sought a direction against the various officials of the Respondents. A direction has also been sought to the Respondents not to change the existing land use as specified in the Sea-Beach Development Plan published in 1983 and which is stated to be in existence on the date of publication of the first CRZ Notification 1991 i.e., on 19.02.1991, without prior approval of the Ministry of Environment, Forests and Climate Change, in respect of Village/Mouza-Sipasurubili.
6. It is stated that the Ministry of Environment, Forests and Climate Change, vide its notification No. G.S.R. 37(E) dated 18.01.2019, has in exercise of powers conferred by Section 3 and sub-section (1) and Clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986, in supersession of the Coastal 5 Regulation Zone Notification, 2011 vide No. S.O. 19(E) dated 06.01.2021, to conserve and protect the unique environment of coastal stretches and marine areas and also to secure the livelihood of fisherman communities and other local communities, notified the Coastal Regulation Zone along the different coastal stretches from High Tide Line ('HTL' for short) of 500 meters on the landward side along the sea front. The Coastal Regulation Zone as classified in Para 2 of the CRZ Notification 2019 of the Ministry of Environment, Forests and Climate Change, dated 18.01.2019 reads as under:-
"2.0 Classification of CRZ. - For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ are shall be classified as follows, namely:-
2.1 CRZ-I areas are environmentally most critical and are further classified as under;
2.1.1 CRZ-I A:
(a) CRZ-I A shall constitute the following ecologically sensitive areas (ESAs) and the geomorphological features which play a role in maintaining the integrity of the coast viz.:
(i) Mangroves (in case mangrove area is more than 1000 square meters, a buffer of 50 meters along the mangroves shall be provided and such area shall also constitute CRZ-I A);
(ii) Corals and coral reefs;
(iii) Sand dunes;
(iv) Biologically active mudflats;
(v) National parks, marine parks, sanctuaries,
reserve forests, wildlife habitats and other protected areas under the provisions of Wild 6 Life (Protection) Act, 1972 (53 of 1972), Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 0f 1986), including Biosphere Reserves;
(vi) Salt marshes;
(vii) Turtle nesting grounds;
(viii) Horse shoe crabs' habitats;
(ix) Sea grass beds;
(x) Nesting grounds of birds;
(xi) Areas or structures of archaeological
importance and heritage sites.
(b) A detailed environment management plan shall be formulated by the states and Union territories for such ecologically sensitive areas in respective territories, as mapped out by the National Centre for Sustainable Coastal Management (NCSCM), Chennai based on guidelines as contained in Annexure-I to this notification and integrated with the CZMP."
2.1.2 CRZ-I B:
The intertidal zone i.e. the area between Low Tide Line and High Tide Line shall constitute the CRZ-I B. 2.2 CRZ-II:
CRZ-II shall constitute the developed land areas up to or close to the shoreline, within the existing municipal limits or in other existing legally designated urban areas, which are substantially built-up with a ratio of built-up plots to that of total plots being more than 50 per cent and have been provided with drainage and approach roads and other infrastructural facilities, such as water supply, sewerage mains, etc. 2.3 CRZ-III:
Land areas that are relatively undisturbed (viz. rural areas, etc.) and those which do not fall under CRZ-II, shall 7 constitute CRZ-III, and CRZ-III shall be further classified into following categories: -
2.3.1 CRZ-III A:
Such densely populated CRZ-III areas, where the population density is more than 2161 per square kilometre as per 2011 census base, shall be designated as CRZ-III A and in CRZ-III A, area up to 50 meters from the HTL on the landward side shall be earmarked as the 'No Development Zone (NDZ)', provided the CZMP as per this notification, framed with due consultative process, have been approved, failing which, a NDZ of 200 meters shall continue to apply.
2.3.2 CRZ-III B:
All other CRZ-III areas with population density of less than 2161 per square kilometre, as per 2011 census base, shall be designated as CRZ-III B and in CRZ-III B, the area up to 200 meters from the HTL on the landward side shall be earmarked as the 'No Development Zone (NDZ)'.
2.3.3 :
Land area up to 50 meters from the HTL, or width of the creek whichever is less, along the tidal influenced water bodies in the CRZ III, shall also be earmarked as the NDZ in CRZ III. Note: The NDZ shall not be applicable in the areas falling within notified Port limits.
2.4 CRZ- IV:
The CRZ- IV shall constitute the water area and shall be further classified as under:-
2.4.1 CRZ- IVA:
The water area and the sea bed area between the Low Tide Line up to twelve nautical miles on the seaward side shall constitute CRZ-IV A. 2.4.2 CRZ- IVB:8
CRZ-IV B areas shall include the water area and the bed area between LTL at the bank of the tidal influenced water body to the LTL on the opposite side of the bank, extending from the mouth of the water body at the sea up to the influence of tide, i.e., salinity of five parts per thousand (ppt) during the driest season of the year."
7. Para 3 of the Notification contains the areas requiring special consideration in the Coastal Regulation Zone which reads as under:-
"3.0 Areas requiring special consideration in the CRZ.- Following coastal areas shall be accorded special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities: -
3.1 Critically Vulnerable Coastal Areas (CVCA):
Sundarban region of West Bengal and other ecologically sensitive areas identified as under Environment (Protection) Act, 1986 such as Gulf of Khambat and Gulf of Kutchh in Gujarat, Malvan, Achra-Ratnagiri in Maharashtra, Karwar and Coondapur in Karnataka, Vembanad in Kerala, Gulf of Mannar in Tamil Nadu, Bhaitarkanika in Odisha, Coringa, East Godavari and Krishna in Andhra Pradesh shall be treated as Critical Vulnerable Coastal Areas (CVCA) and managed with the involvement of coastal communities including fisher folk who depend on coastal resources for their sustainable livelihood.
3.2 CRZ for inland Backwater islands and islands along the mainland coast.
3.3 CRZ falling within municipal limits of Greater Mumbai."9
8. Paras 4 & 5 of the CRZ Notification 2019 deal with the prohibited and permissible activities in the Coastal Regulation Zone areas which read as under:-
"4. Prohibited activities within CRZ.- The following activities shall be prohibited, in general, within the entire CRZ and exceptions to these and other permissible and regulated activities in specific CRZ categories viz. CRZ-I, II, III and IV, shall be governed by the provisions of paragraph 5:-
(i) Setting up of new industries and expansion of existing industries, operations or processes.
(ii) Manufacture or handling of oil, storage or disposal of hazardous substances as specified in the notification of the Ministry of Environment, Forest and Climate Change number G.S.R.395 (E), dated the 4th April, 2016.
(iii) Setting up of new fish processing units.
(iv) Land reclamation, bunding or disturbing the natural course of seawater except for the activities permissible under this notification and executed with prior permission from the competent authority.
(v) Discharge of untreated waste and effluents from industries, cities or towns and other human settlements.
(vi) Dumping of city or town wastes including construction debris, industrial solid wastes, fly ash for the purpose of land filling.
(vii) Port and harbour projects in high eroding stretches of the coast.
(viii) Mining of sand, rocks and other sub-strata materials.
(ix) Dressing or altering of active sand dunes.
(x) In order to safeguard the aquatic system and marine life, disposal of plastic into the coastal waters shall be prohibited and adequate measures for management and disposal of plastic materials shall be undertaken in the CRZ.
(xi) Drawal of ground water.10
Regulation of permissible activities in CRZ: 5.1 CRZ-I:
5.1.1 CRZ-IA:
These areas are ecologically most sensitive and generally no activities shall be permitted to be carried out in the CRZ-I A area, with following exceptions:-
(i) Eco-tourism activities such as mangrove walks, tree huts, nature trails, etc., in identified stretches areas subject to such eco-tourism plan featuring in the approved CZMP as per this notification, framed with due consultative process, public hearing, etc. and further subject to environmental safeguards and precautions related to the Ecologically Sensitive Areas, as enlisted in the CZMP.
(ii) In the mangrove buffer, only such activities shall be permitted like laying of pipelines, transmission lines, conveyance systems or mechanisms and construction of road on stilts, etc. that are required for public utilities.
(iii) Construction of roads and roads on stilts, by way of reclamation in CRZ-I areas, shall be permitted only in exceptional cases for defence, strategic purposes and public utilities, subject to a detailed marine or terrestrial or both environment impact assessment, to be recommended by the Coastal Zone Management Authority and approved by the Ministry of Environment, Forest and Climate Change; and in case construction of such roads passes through mangrove areas or is likely to damage the mangroves, a minimum three times the mangrove area affected or destroyed or cut during the construction process shall be taken up for compensatory plantation of mangroves.11
5.1.2 CRZ-IB:- The inter tidal areas:
Activities shall be regulated or permissible in the CRZ-IB areas as under:-
(i) Land reclamation, bunding, etc. shall be permitted only for activities such as,-
(a) foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, hover ports for coast guard, sea links, etc;
(b) projects for defence, strategic and security purposes;
(c) road on stilts, provided that such roads shall not be authorised for permitting development on the landward side of such roads, till the existing High Tide Line: Provided that the use of reclaimed land may be permitted only for public utilities such as mass rapid or multimodal transit system, construction and installation of all necessary associated public utilities and infrastructure to operate such transit or transport system including those for electrical or electronic signaling system, transit stopover of permitted designs; except for any industrial operation, repair or maintenance;
(d) measures for control of erosion;
(e) maintenance and clearing of waterways, channels, ports and hover ports for coast guard;
(f) measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structure for prevention of salinity ingress and freshwater recharge.
(ii) Activities related to waterfront or directly needing foreshore facilities such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations, Indian coast guard stations and the like.12
(iii) Power by non-conventional energy sources and associated facilities.
(iv) Transfer of hazardous substances from ships to Ports, terminals and refineries and vice versa.
(v) Facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II to this notification, subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas and guidelines issued by the Ministry of Environment, Forest and Climate Change, provided that such facilities are for receipt and storage of fertilizers and raw materials required for fertilizers, like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid, etc.
(vi) Storage of non-hazardous cargo i.e. edible oil, fertilizers and food grains in notified Ports.
(vii) Hatchery and natural fish drying.
(viii) Existing fish processing units may utilise 25% additional plinth area for modernisation purposes (only for additional equipment and pollution control measures) subject to the following:-
(a) Floor Space Index of such reconstruction not exceeding the permissible Floor Space Index as per prevalent town and country planning regulations;
(b) additional plinth area is constructed only to the landward side.
(c) approval of the concerned State Pollution Control Board or Pollution Control Committee.
(ix) Treatment facilities for waste and effluents and conveyance of treated effluents.
(x) Storm water drains. (xi) Projects classified as strategic, defence related
projects and projects of the Department of Atomic Energy, Government of India.
(xii) Manual mining of atomic mineral(s) notified under Part-B of the First Schedule to the Mining and 13 Minerals (Development and Regulation) Act, 1957)(67 of 1957) occurring as such or in association with one or other minerals in the intertidal zone by such agencies as authorised by the Department of Atomic Energy, Government of India as per mining plan approved by the Atomic Mineral Directorate for Exploration and Research:
Provided that the manual mining operations shall be carried out only by deploying persons using baskets and hand spades for collection of ore or mineral within the intertidal zone and as per approved mining plan, without deploying or using drilling and blasting or Heavy Earth Moving Machinery in the intertidal zone.
(xiii) Exploration and extraction of oil and natural gas and all associated activities and facilities thereto;
(xiv) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water, intake water for desalination plants, etc, and outfall for discharge of treated wastewater or cooling water from thermal power plants in conformity with the environmental standards notified by Ministry of Environment, Forest and Climate Change and relevant directions of Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), as the case may be.
(xv) Pipelines, conveying systems including transmission lines.
(xvi) Weather radar for monitoring of cyclones prediction, ocean observation platforms, movement and associated activities.
(xvii) Salt harvesting and associated facilities. (xviii) Desalination plants and associated facilities.
5.2 CRZ-II:
(i) Activities as permitted in CRZ-I B, shall also be permissible in CRZ-II, in so far as applicable.14
(ii) Construction of buildings for residential purposes, schools, hospitals, institutions, offices, public places, etc. shall be permitted only on the landward side of the existing road, or on the landward side of existing authorised fixed structures: Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road.
(iii) Buildings permitted as in (ii) above, shall be subject to the local town and country planning regulations as applicable from time to time, and the norms for the Floor Space Index (FSI) or Floor Area Ratio (FAR) prevailing as on the date of this Notification, and in the event that there is a need for amendment of the FSI after the date of publication of this notification in the official Gazette, the Urban Local Body or State Government or Union territory Administration shall approach the Ministry of Environment, Forest and Climate Change through the concerned State Coastal Zone Management Authority (SCZMA) or Union Territory Coastal Zone Management Authority, as the case may be and the SCZMA shall forward the proposal to the National Coastal Zone Management Authority (NCZMA) with its views in the matter, and the NCZMA shall thereafter examine various aspects like availability of public amenities, environmental protection measures, etc., and take a suitable decision on the proposal and it shall be the responsibility of the concerned Town Planning Authority to ensure that the Solid Wastes are handled as per respective Solid Waste Management Rules and no untreated sewage is discharged on to the coast or coastal waters.
(iv) Reconstruction of authorised buildings shall be permitted, without change in present land use, subject to the local town and country planning regulations as applicable from time to time, and the norms for the Floor Space Index or Floor Area Ratio, prevailing as on the date of publication of this notification in the official 15 Gazette and in the event that there is a need for amendment of the FSI after the said date of this notification, the Urban Local Body or State Government or Union territory Administration shall approach the Ministry of Environment, Forest and Climate Change through the concerned State Coastal Zone Management Authority (SCZMA) or Union Territory Coastal Zone Management Authority, as the case may be and the CZMA shall forward the proposal to the National Coastal Zone Management Authority (NCZMA) with its views in the matter, and the NCZMA shall thereafter examine various aspects like availability of public amenities, environmental protection measures etc,. and take a suitable decision on the proposal and it shall be the responsibility of the concerned Town Planning Authority to ensure that the Solid Wastes are handled as per respective Solid Waste Management Rules and no untreated sewage is discharged on to the coast or coastal waters.
(v) Development of vacant plots in designated areas for construction of beach resorts or hotels or tourism development projects subject to the conditions or guidelines at Annexure-III to this notification.
(vi) Temporary tourism facilities shall be permissible in the beaches which shall only include shacks, toilets or washrooms, change rooms, shower panels; walk ways constructed using interlocking paver blocks, etc, drinking water facilities, seating arrangements, etc. and such facilities shall however be permitted only subject to the tourism plan featuring in the approved CZMP as per this notification, framed with due consultative process or public hearing, etc. and further subject to environmental safeguards enlisted in the CZMP, however, a minimum distance of 10 meter from HTL shall be maintained for setting up of such facilities.16
5.3 CRZ-III:
(i) Activities as permitted in CRZ-IB, shall also be permissible in CRZ-III, in so far as applicable.
(ii) Regulation of activities in NDZ:
Following shall be permissible and regulated in the NDZ:-
(i) No construction shall be permitted within NDZ in CRZ III, except for repairs or reconstruction of existing authorised structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under this notification including facilities essential for activities and construction or reconstruction of dwelling units of traditional coastal communities including fisher folk, incorporating necessary disaster management provisions and proper sanitation arrangements.
(ii) Agriculture, horticulture, gardens, pastures, parks, playfields and forestry.
(iii) Construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub-station which are required for the local inhabitants may be permitted on a case to case basis by Coastal Zone Management Authority (CZMA).
(iv) Construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee.
(v) Facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like.17
(vi) Wherever there is a national or State highway passing through the NDZ of CRZ-III areas, temporary tourism facilities such as toilets, change rooms, drinking water facility and temporary shacks can be taken up on the seaward side of the road. On landward side of such roads in the NDZ, resorts or hotels and associated tourism facilities shall be permitted and such facilities shall, however, be permitted only subject to the incorporation of tourism plan in the approved CZMP as per this notification and the conditions or guidelines at Annexure-III, to this notification as applicable.
(vii) Temporary tourism facilities shall be permissible in the NDZ and beaches in the CRZ-III areas and such temporary facilities shall only include shacks, toilets or washrooms, change rooms, shower panels, walk ways constructed using interlocking paver blocks, etc, drinking water facilities, seating arrangements etc., and such facilities shall, however, be permitted only subject to the tourism plan featuring in the approved CZMP as per this notification subject to maintaining a minimum distance of 10 meters from HTL for setting up of such facilities.
(viii) Mining of atomic minerals notified under Part-B of the First Schedule to Mining and Minerals (Development and Regulation) Act, 1957 (67 of 1957) occurring as such or in association with one or other minerals by such agencies as authorised by the Department of Atomic Energy, Government of India, as per mining plan by the Atomic Mineral Directorate for Exploration and Research.18
(iii) Regulation of activities for CRZ-III areas beyond NDZ:
(a) Development of vacant plots in designated areas for construction of beach resorts or hotels or tourism development projects subject to the conditions or guidelines at Annexure-III to this notification.
(b) Construction or reconstruction of dwelling units, so long it is within the ambit of traditional rights and customary uses such as existing fishing villages, etc. and building permission for such construction or reconstruction will be subject to local town and country planning rules, with an overall height of construction not exceeding 9 meters and with only two floors (ground + one floor).
(c) The local communities including fishermen may be permitted to facilitate tourism through 'home stay' without changing the plinth area or design or facade of the existing houses.
(d) Construction of public rain shelters, community toilets, water supply drainage, sewerage, roads, bridges, etc.
(e) Limestone mining:
Selective mining of limestone minerals may be permitted in specific identified areas under the mining plans, which are adequately above the height of HTL, based on the recommendations of reputed National Institutes in the mining field such as Council of Scientific and Industrial Research (CSIR), Central Mining Research Institute etc., provided that the extraction of minerals shall be carried out not below a height of 1 meter above the HTL and an adequate barrier shall be created so as to safeguard against saline water incursion and subject to appropriate safeguards related to pollution of coastal waters and prevention of coastal erosion.19
(f) Mining of atomic minerals notified under Part-B of the First Schedule of Mining and Minerals (Development and Regulation) Act, 1957 (67 of 1957) occurring as such or in association with one or other minerals by such agencies as authorised by Department of Atomic Energy, Government of India, as per mining plan by the Atomic Mineral Directorate for Exploration and Research.
(iv) Drawing of groundwater and construction related thereto shall be prohibited within 200 meters of HTL except for the use of local communities in areas inhabited by them and in the areas between 200 to 500 meters of the HTL, groundwater withdrawal may be permitted only through manual means from ordinary wells for drinking, horticulture, agriculture and fisheries, etc. where no other source of water is available and restrictions for such drawal may be imposed by the designated Authority by State Government or Union territory Administration in the areas affected by sea water intrusion, however, for horticulture and agriculture purpose, micro irrigation promoted by Government welfare schemes shall be permitted.
(v) Development of airports in wastelands and non-
arable lands in CRZ-III areas with adequate environmental safeguards.
5.4 CRZ-IV:
Activities shall be permitted and regulated in the CRZ IV areas as under:-
(i) Traditional fishing and allied activities undertaken by local communities.
(ii) Land reclamation, bunding, etc to be permitted only for activities such as.-20
(a) foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, sea links and hover ports for coast guard ,etc;
(b) projects for defence, strategic and security purpose including coast guard;
(c) measures for control of erosion;
(d) maintenance and clearing of waterways,
channels and ports;
(e) measures to prevent sand bars, installation of
tidal regulators, laying of storm water drains or for structure for prevention of salinity ingress and freshwater recharge.
(iii) Activities related to waterfront or directly needing foreshore facilities, such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, navigational safety facilities and the like.
(iv) Power by non-conventional energy sources and associated facilities such as offshore wind, wave energy, ocean thermal energy conversion, etc.
(v) Transfer of hazardous substances from ships to Ports.
(vi) Storage of non-hazardous cargo like edible oil, fertilizers and food grains in notified Ports.
(vii) Facilities for discharging treated effluents into the water course.
(viii) Projects classified as strategic and defence related projects including coast guard coastal security network.
(ix) Projects of department of Atomic Energy.
(x) Exploration and extraction of oil and natural gas and all associated activities and facilities thereto.
(xi) Exploration and mining of atomic minerals notified under Part-B of the First Schedule of the Mining and Minerals (Development and Regulation) Act, 1957 (67 of 1957), occurring as such or in association with other mineral(s) and of such associated mineral(s).21
(xii) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants, and foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants, in conformity with the environmental standards notified by Ministry of Environment, Forest and Climate Change and relevant directions of the Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee.
(xiii) Pipelines, conveying systems including transmission lines.
(xiv) Weather radar for monitoring of cyclone prediction, ocean observation platforms, movement and associated activities.
(xv) Construction of memorials or monuments and allied facilities by the concerned State Government in CRZ-
IV (A) areas, in exceptional cases, with adequate environmental safeguards, subject to the following, namely: -
(a) the concerned State Government shall submit justification for locating the project in CRZ-IVA area along with details of alternate sites considered and weightage matrix on various parameters including environmental parameters, to State Coastal Zone Management Authority who will examine the project and make recommendation to the Central Government (Ministry of Environment, Forest and Climate Change) for grant of Terms of Reference (ToRs) for preparation of an environmental impact assessment report by the State Government;
(b) On grant of ToRs by the Central Government, the concerned State Government shall submit the draft Environmental Impact Assessment report (EIA) 22 with Environmental Management Plan (EMP), draft Risk Assessment Report with Disaster Management Plan (DMP) including on-site and off-
site emergency plan and evacuation plan during emergency, to the State Pollution Control Board for conduct of public hearing for the proposed project in accordance with the procedure laid down under the Environment Impact Assessment (EIA) notification number S.O. 1533(E), dated the 14th September, 2006;
(c) The concerned State Government shall, after addressing the relevant issues raised by the public during the public hearing referred to in sub-
item (b), submit the final EIA, EMP, Risk Assessment and DMP, to the State CZMA for their examination and recommendation to MoEF&CC;
(d) The Central Government may, if it considers necessary so to do, dispense with the requirement of public hearing referred to in sub-clause (b), if it is satisfied that the project will not involve rehabilitation and resettlement of the public or the project site is located away from human habitation.
5.5 Requirement for Clearance from Department of Atomic Energy installations:
Prior to undertaking any developmental activity including construction of new structures, falling in the boundary limits specified by Atomic Energy Regulatory Board (AERB) guidelines, prior clearance shall be obtained from Department of Atomic Energy installations."
9. Para 6 of the CRZ Notification 2019 deals with the Coastal Zone Management Plan and provides that all Coastal States and Union Territories shall revise or update their respective Coastal 23 Zone Management Plans framed under CRZ Notification 2011 vide No. S.O. 19(E), dated 06.01.2011 and submit the same to the Ministry of Environment, Forests and Climate Change, for approval and all the project activities attracting the provisions of this Notification shall be required to be appraised as per the updated CZMP. Para 6 under the heading 'Coastal Zone Management Plan' of the Notification 2019 reads as under:-
"6. Coastal Zone Management Plan (CZMP)
(i) All coastal States and Union territory administrations shall revise or update their respective coastal zone management plan (CZMP) framed under CRZ Notification, 2011 number S.O. 19(E), dated 6th January, 2011, as per provisions of this notification and submit to the Ministry of Environment, Forest and Climate Change for approval at the earliest and all the project activities attracting the provisions of this notification shall be required to be appraised as per the updated CZMP under this notification and until and unless the CZMPs is so revised or updated, provisions of this notification shall not apply and the CZMP as per provisions of CRZ Notification, 2011 shall continue to be followed for appraisal and CRZ clearance to such projects.
(ii) The CZMP may be prepared or updated 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 Ministry of Environment, Forest and Climate Change and in consultation with the concerned stakeholders.
(iii) The coastal States and Union territories shall prepare draft CZMP in 1:25,000 scale map 24 identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure-IV to this notification, which involve public consultation. All developmental activities listed in this notification shall be regulated by the State Government, Union territory administration, the local authority or the concerned Coastal Zone Management Authority within the framework of such approved CZMP, as the case may be, in accordance with provisions of this notification.
(iv) The draft CZMP shall be submitted by the State Government or Union territory to the concerned Coastal Zone Management Authority for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986 (29 of 1986).
(v) The Ministry of Environment, Forest and Climate Change shall thereafter consider and approve the respective CZMP of concerned State Governments or Union territory administrations.
(vi) The CZMP shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking a revision."
10. The learned Counsel for the Applicant has relied upon the judgment of the Hon'ble Supreme Court in (2007) 14 SCC 439 (Suresh Estates Pvt. Ltd & Ors. Vs. Municipal Corporation of Greater Mumbai), which has referred to by the Ministry of Environment, Forests and Climate Change, communication dated 18.08.2006 addressed to the Principal Secretary, Urban Development Department, Government of Maharashtra, clarifying that in view of earlier clarification issued on 08.09.1998, the Development Control 25 Rules 1967 (framed by Government of Maharashtra) as existed on February 19, 1991, would apply to the areas falling within the CRZ Notification and further mentioned that the word 'existing' has been interpreted by the Ministry vide letter dated 08.09.1998 to mean the Rules which prevail on 19.02.1991, and submitted that the word 'existing' in the CRZ Notification means the town and country planning regulations in force as on 19.02.1991.
11. By referring to the Revenue and Excise Department, Govt. of Odisha, Gazette Notification No. 1390, dated 22.09.1998, it is submitted by the learned Counsel for the Applicant that it was observed therein that the Village-Sipasurubili is a notified village under Consolidation Operation that is still in vogue and that Consolidation Operation will be taken up only when most of the lands are used for agricultural purpose to consolidate the agricultural lands.
12. It is further submitted that on the date of publication of CRZ Notification 1991, the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'OCH Act, 1972'), was in operation in Village/Mouza- Sipasurubili and, therefore, the said Act would prevail over the CRZ Notification of 1991 and, therefore, any scheme of a planning authority including the Puri-Konark Regional Improvement Trust Notification 1983 for preparing a Development Plan of Puri Sea- Beach, would be deemed to have been superseded by the OCH Act, 1972.
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13. It is also stated that the Collector-cum-District Magistrate, Puri, has filed an additional affidavit dated 03.08.2019 in O.J.C. No. 11406 of 1996 before the Odisha High Court in a suo motu PIL, stating therein that the consolidation work was going on in respect of Village-Sipasurubili as per under Section 11 & 12 of the OCH & PFL Act, 1972 . (Annexure-A-13)
14. It is also stated that in the meantime, the Respondent No.7, Govt. of Odisha, prepared the CZMP on the basis of CRZ Notification 2019 and submitted the same before the Ministry of Environment, Forests and Climate Change, Govt. of India, for approval and the same was duly approved by the Ministry of Environment, Forests and Climate Change on 01.06.2021 in spite of objections filed by the Applicant's Association on 11.05.2020. It is also stated that while preparing the CZMP, Sheet No. E 45B 13/SW, Village/Mouza-Sipasurubili, has been notified as CRZ-II instead of CRZ-IIIB as shown in the said CZMP.
15. The learned Counsel for the Applicant has also relied upon the judgment of the Hon'ble Supreme Court in (1996) 5 SCC 281 (Indian Council for Enviro - Legal Action Vs. Union of India & Ors.), and submitted that the Hon'ble Supreme Court modified its previous order dated 12.12.1994 and directed that all the restrictions, prohibitions regarding construction and setting up of industries or for any other purpose contained in the Notification dated 19.02.1991 issued by the Ministry of Environment and Forests, Government of India, under Clause (d) of sub-Rule (3) of 27 Rule 5 of the Environment (Protection) Rules, 1986, shall be meticulously followed by all the concerned States. The activities which have been declared as prohibited within the Coastal Regulation Zone shall not be undertaken by any of the respondent States. The regulations of permissible activities shall also be meticulously followed. The restrictions imposed by the Coastal Areas Classification and Development Regulations contained in Annexure-I to the above Notification shall also be strictly followed by the Respondent State.
16. We may refer to the Ministry of Environment, Forests and Climate Change Notification dated 30.12.2015 which introduced amendments in para 3 & 4 of the CRZ Notification 2011 and under the head 'Explanation' it was provided that 'for the purpose of the notification, the word "existing" used in the notification shall mean existence of the features or regularization or norms as on 19th February, 1991 wherein CRZ Notification, was notified.'
17. The CRZ Notification 2011 issued by the Ministry of Environment, Forests and Climate Change on 06.01.2011 may next be adverted to which provides that in exercise of powers conferred by Clause (d) and sub-rule (3) of Rule 5 of Environment (Protection) Act, 1986, it is in supersession of the Notification of the Government of India, Ministry of Environment, Forests and Climate Change, No. S.O. 114(E) dated 19th February, 1991 and under this Notification following areas were declared as CRZ imposing restrictions on the setting up and expansion of industries, 28 operations or processes and the like under the CRZ which are as under:-
(i) the land area from High Tide Line (hereinafter referred to as the HTL) to 500mts on the landward side along the sea front.
(ii) CRZ shall apply to the land area between HTL to 100 mts or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year and distance upto which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Coastal Zone Management Plans (hereinafter referred to as the CZMPs).
Explanation.- For the purposes of this sub- paragraph the expression tidal influenced water bodies means the water bodies influenced by tidal effects from sea, in the bays, estuaries, rivers, creeks, backwaters, lagoons, ponds connected to the sea or creeks and the like.
(iii) the land area falling between the hazard line and 500mts from HTL on the landward side, in case of seafront and between the hazard line and 100mts line in case of tidal influenced water body the word 'hazard line' denotes the line demarcated by Ministry of Environment and Forests (hereinafter referred to as the MoEF) through the Survey of India (hereinafter referred to as the SoI) taking into account tides, waves, sea level rise and shoreline changes.
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(iv)land area between HTL and Low Tide Line (hereinafter referred to as the LTL) which will be termed as the intertidal zone.
(v) the water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies."
18. Para 2 of the said Notification provides that High Tide Line means the line on the land upto which the highest water line reaches during the spring tide and shall be demarcated uniformally in all parts of the country by the demarcating authority(s) so authorized by the Ministry of Environment, Forests and Climate Change in accordance with the general guidelines issued at Annexure-I. High Tide Line shall be demarcated within one year from the date of issue of this Notification.
19. Para 3 of the CRZ Notification 2011 prohibits the following activities within the Coastal Regulation Zone areas which are as under:-
"3. Prohibited activities within CRZ,- The following are declared as prohibited activities within the CRZ,-
i. Setting up of new industries and expansion of existing industries except,-
a. those directly related to waterfront or directly needing foreshore facilities;
Explanation: The expression "foreshore facilities"
means those activities permissible under this notification and they require waterfront for their operations such as ports and harbours, jetties, quays, wharves, erosion control measures, 30 breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations and the like.; b. projects of Department of Atomic Energy; c. facilities for generating power by non-conventional energy sources and setting up of desalination plants in the areas not classified as CRZ-I(i) based on an impact assessment study including social impacts.;
d. development of green field Airport already permitted only at Navi Mumbai;
e. reconstruction, repair works of dwelling units of local communities including fishers in accordance with local town and country planning regulations. ii. manufacture or handling oil storage or disposal of hazardous substance as specified in the notification of Ministry of Environment and Forests, No. S.O.594 (E), dated the 28th July 1989, S.O.No.966(E), dated the 27th November, 1989 and GSR 1037 (E), dated the 5th December ,1989 except,-
a. transfer of hazardous substances from ships to ports, terminals and refineries and vice versa; b. facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and facilities for regasification of Liquefied Natural Gas (hereinafter referred to as the LNG) in the areas not classified as CRZ- I(i) subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas and guidelines issued by MoEF and subject to further terms and conditions for implementation of ameliorative and restorative measures in relation to environment as may be stipulated by in MoEF.
Provided that facilities for receipt and storage of fertilizers and raw materials required for manufacture of fertilizers like ammonia, phosphoric 31 acid, sulphur, sulphuric acid, nitric acid and the like, shall be permitted within the said zone in the areas not classified as CRZ-I(i).
iii. Setting up and expansion of fish processing units including warehousing except hatchery and natural fish drying in permitted areas:
iv. Land reclamation, bunding or disturbing the natural course of seawater except those,-
(a) required for setting up, construction or modernisation or expansion of foreshore facilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sealink, road on stilts, and such as meant for defence and security purpose and for other facilities that are essential for activities permissible under the notification;
(b) measures for control of erosion, based on scientific including Environmental Impact Assessment (hereinafter referred to as the EIA) studies
(c) maintenance or clearing of waterways, channels and ports, based on EIA studies;
(d) measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structures for prevention of salinity ingress and freshwater recharge based on carried out by any agency to be specified by MoEF.
v. Setting up and expansion of units or mechanism for disposal of waste and effluents except facilities required for,-
(a) discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(b) storm water drains and ancillary structures for pumping;
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(c) treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-I and disposal of treated wastes and effluents;
vi. Discharge of untreated waste and effluents from industries, cities or towns and other human settlements. T he concerned authorities shall implement schemes for phasing out existing discharge of this nature, if any, within a time period not exceeding two years from the date of issue of this notification.
vii. Dumping of city or town wastes including construction debris, industrial solid wastes, fly ash for the purpose of land filling and the like and the concerned authority shall implement schemes for phasing out any existing practice, if any, shall be phased out within a period of one year from date of commencement of this notification.
Note:-The MoEF will issue a separate instruction to the State Governments and Union territory Administration in respect of preparation of Action Plans and their implementation as also monitoring including the time schedule thereof, in respect of paras (v), (vi) and (vii).
viii. Port and harbour projects in high eroding stretches of the coast, except those projects classified as strategic and defence related in terms of EIA notification, 2006 identified by MoEF based on scientific studies and in consultation with the State Government or the Union territory Administration.
ix. Reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities.
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x. Mining of sand, rocks and other sub-strata materials except,-
(a) those rare minerals not available outside the CRZ area,
(b) exploration and exploitation of Oil and Natural Gas. xi. Drawl of groundwater and construction related thereto, within 200mts of HTL; except the following:-
(a) in the areas which are inhabited by the local communities and only for their use.
(b) In the area between 200mts-500mts zone t h e d r a w l o f g r o u n d w a t e r shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries and where no other source of water is available Note:-Restrictions for such drawl may be imposed by the Authority designated by the State Government and Union territory Administration in the areas affected by sea water intrusion.
xii. Construction activities in CRZ-I except those specified in para 8 of this notification.
xiii. Dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose. xiv. Facilities required for patrolling and vigilance activities of marine/coastal police stations."
20. Para 4 of the CRZ Notification 2011 deals with the activities permissible in the Coastal Regulation Zone areas which are as under:-
"4. Regulation of permissible activities in CRZ area.- The following activities shall be regulated except those prohibited in para 3 above,-34
(i) (a) clearance shall be given for any activity within the CRZ only if it requires waterfront and foreshore facilities;
(b) for those projects which are listed under this notification and also attract EIA notification, 2006 (S.O.1533 (E), dated the 14th September, 2006), for such projects clearance under EIA notification only shall be required subject to being recommended by the concerned State or Union territory Coastal Zone Management Authority (hereinafter referred to as the CZMA).
(c) Housing schemes in CRZ as specified in paragraph 8 of this notification;
(d) Construction involving more than 20,000sq mts built-up area in CRZ-II shall be considered in accordance with EIA notification, 2006 and in case of projects less than 20,000sq mts built-up area shall be approved by the concerned State or Union territory Planning authorities in accordance with this notification after obtaining recommendations from the concerned CZMA and prior recommendations of the concern CZMA shall be essential for considering the grant of environmental clearance under EIA notification, 2006 or grant of approval by the relevant planning authority.
(e) MoEF may under a specific or general order specify projects which require prior public hearing of project affected people.
(f) construction and operation for ports and harbours, jetties, wharves, quays, slipways, ship construction yards, breakwaters, groynes, erosion control measures;
(ii) The following activities shall require clearance from MoEF, namely:-
(a) those activities not listed in the EIA notification, 2006.
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(b) construction activities relating to projects of
Department of Atomic Energy or Defence
requirements for which foreshore facilities are essential such as, slipways, jetties, wharves, quays; except for classified operational component of defence projects. Residential buildings, office buildings, hospital complexes, workshops of strategic and defence projects in terms of EIA notification, 2006.;
(c) construction, operation of lighthouses;
(d) laying of pipelines, conveying systems, transmission line;
(e) exploration and extraction of oil and natural gas and all associated activities and facilities thereto;
(f) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants. MoEF may specify for category of projects such as at (f), (g) and
(h) of para 4;
(g) Mining of rare minerals as listed by the Department of Atomic Energy;
(h) Facilities for generating power by non-conventional energy resources, desalination plants and weather radars;
(i) Demolition and reconstruction of (a) buildings of archaeological and historical importance, (ii) heritage buildings; and buildings under public use which means buildings such as for the purposes of worship, education, medical care and cultural activities;"
21. Para 5 of the CRZ Notification 2011 provides for preparation of Coastal Zone Management Plans which is as under:-
"5. Preparation of Coastal Zone Management Plans.36
(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 0.5m 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-I of the notification, 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;37
(viii) The State Government or Union territory CZMA shall submit the draft CZMPs to MoEF alongwith 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 f o u r 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."
22. Para 7 of the CRZ Notification 2011 classifies the Coastal Regulation Zones for conserving and protecting the coastal areas and marine waters which reads as under:-
"7. Classification of the CRZ-For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ area shall be classified as follows, namely:-
(i) CRZ-I,-38
A. The areas that are ecologically sensitive and the geomorphological features which play a role in the maintaining the integrity of the coast,-
(a) Mangroves, in case mangrove area is more than 1000 sq mts, a buffer of 50meters along the mangroves shall be provided;
(b) Corals and coral reefs and associated biodiversity;
(c) Sand Dunes;
(d) Mudflats which are biologically active;
(e) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas under the provisions of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere Reserves;
(f) Salt Marshes;
(g) Turtle nesting grounds;
(h) Horse shoe crabs habitats;
(i) Sea grass beds;
(j) Nesting grounds of birds;
(k) Areas or structures of archaeological importance and heritage sites.
B. The area between Low Tide Line and High Tide Line;
(ii) CRZ-II,-
The areas that have been developed upto or close to the shoreline.
Explanation.- For the purposes of the expression "developed area" is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built- up and has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains;
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(iii) CRZ-III,-
Areas that are relatively undisturbed and those do not belong to either CRZ-I or II which include coastal zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas, which are not substantially built up.
(iv) CRZ-IV,-
A. The water area from the Low Tide Line to twelve nautical miles on the seaward side;
B. shall include the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of tide which is measured as five parts per thousand during the driest season of the year.
V. Areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities,- A. (i) CRZ area falling within municipal limits of Greater Mumbai;
(ii) the CRZ areas of Kerala including the backwaters and backwater islands;
(iii) CRZ areas of Goa.
B. Critically Vulnerable Coastal Areas (CVCA) such as Sunderbans region of West Bengal and other ecologically sensitive areas identified as under
Environment (Protection) Act, 1986 and managed with the involvement of coastal communities including fisherfolk.
23. Para 8 of the CRZ Notification 2011 provides norms for regulation of activities permissible under this notification. The 'Note' thereto defines the word 'existing' and states that the word 'existing' 40 used hereinafter in relation to existence of various features or existence of regularization or norms shall mean existence of these features or regularization or norms as on 19.02.1991 wherein CRZ Notification, was notified. Paras 8 (I), (II), (III) & (IV) of the Notification are extracted herein under:-
"8. Norms for regulation of activities permissible under this notification,-
(i) The development or construction activities in different categories of CRZ shall be regulated by the concerned CZMA in accordance with the following norms, namely:-
Note:- The word existing use hereinafter in relation to existence of various features or existence of regularization or norms shall mean existence of these features or regularization or norms as on 19.2.1991 wherein CRZ notification, was modified.
I. CRZ-I,-
(i) no new construction shall be permitted in CRZ-I, except,-
(a) projects relating to Department of Atomic Energy;
(b) pipelines, conveying systems including transmission lines;
(c) facilities that are essential for activities permissible under CRZ-I;
(d) installation of weather radar for monitoring of cyclones movement and prediction by Indian Meteorological Department;
(e) construction of trans harbour sea link and without affecting the tidal flow of water, between LTL and HTL.
(f) development of green field airport already approved at only Navi Mumbai;41
(ii) Areas between LTL and HTL which are not categorically sensitive, necessary safety measures will be incorporated while permitting the following, namely:-
(a) exploration and extraction of natural gas;
(b) construction of dispensaries, schools, public rainshelter, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA.
(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone; (d) salt harvesting by solar evaporation of seawater;
(d) salt harvesting by solar evaporation of seawater;
(e) desalination plants;
(f) storage of non-hazardous cargo such as edible oil, fertilizers and food grain within notified ports;
(g) construction of trans harbour sea links, roads on stilts or pillars without affecting the tidal flow of water.
II. CRZ-II,-
(i) building shall be permitted only on the landward side of the existing road, or on the landward side of existing authorized structure;
(ii) buildings permitted on the landward side of the existing and proposed roads or existing authorized structures shall be subject to the existing local town and country planning regulations including the 'existing' norms of Floor Space Index or Floor Area Ratio: Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road:
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(iii) reconstruction of authorized building to be permitted subject with the existing Floor Space Index or Floor Area Ratio Norms and without change in present use;
(iv) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and facilities for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub-paragraph (ii) of paragraph 3;
(v) desalination plants and associated facilities;
(vi) storage of non-hazardous cargo, such as edible oil, fertilizers and food grain in notified ports;
(vii) facilities for generating power by non-
conventional power sources and associated facilities;
III. CRZ-III,-
A. Area upto 200 mts from HTL on the landward side in case of seafront and 100 mts along tidal influenced water bodies or width of the creek whichever is less is to be earmarked as 'No Development Zone (NDZ)',-
(i) the NDZ shall not be applicable in such area falling within any notified port limits;
(ii) No construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification including facilities essential for activities; Construction/reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along the seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in 43 consultation with the traditional coastal communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the concerned State or the Union territory CZMA to NCZMA for approval by MoEF;
(iii) however, the following activities may be permitted in NDZ -
(a) agriculture, horticulture, gardens, pasture, parks, play field, and forestry;
(b) projects relating to Department of Atomic Energy;
(c) mining of rare minerals;
(d) salt manufacture from seawater;
(e) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;
(f) facilities for regasification of liquefied natural gas subject to conditions as mentioned in subparagraph (ii) of paragraph 3;
(g) facilities for generating power by non conventional energy sources;
(h) Foreshore facilities for desalination plants and associated facilities;
(i) weather radars;
(j) construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub-station which are required for the local inhabitants may be permitted on a case to case basis by CZMA;
(k) construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee;
(l) facilities required for local fishing communities such as fish drying yards, auction halls, net 44 mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;
(m) development of green field airport already permitted only at Navi Mumbai.
B. Area between 200 mts to 500 mts,-
The following activities shall be permitted in the above areas;
(i) development of vacant plot in designated areas for construction of hotels or beach resorts for tourists or visitors subject to the conditions as specified in the guidelines at Annexure-III ;
(ii) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;
(iii) facilities for regasification of liquefied natural gas subject to conditions as mentioned in sub-paragraph
(ii) of paragraph 3;
(iv) storage of non-hazardous cargo such as, edible oil, fertilizers, food grain in notified ports;
(v) foreshore facilities for desalination plants and associated facilities;
(vi) facilities for generating power by non- conventional energy sources;
(vii) construction or reconstruction of dwelling units so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans. Building permission for such construction or reconstruction will be subject to local town and country planning rules with overall height of construction not exceeding 9mts with two floors (ground + one floor);
(viii) Construction of public rain shelters, community toilets, water supply drainage, sewerage, roads and bridges b y C Z M A w h o m a y a l s o permit construction of schools and dispensaries for local inhabitants of the area for those panchayats, the 45 major part of which falls within CRZ if no other area is available for construction of such facilities;
(ix) reconstruction or alteration of existing authorised building subject to sub-paragraph (vii), (viii);
(x) development of green field airport already permitted only at Navi Mumbai.
IV. In CRZ-IV areas,-
The activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by local communities as follows;-
(a) No untreated sewage, effluents, ballast water, ship washes, fly ash or solid waste from all activities including from aquaculture operations shall be let off or dumped. A comprehensive plan for treatment of sewage generating from the coastal towns and cities shall be formulated within a period of one year in consultation with stakeholders including traditional coastal communities, traditional fisherfolk and implemented;
(b) Pollution from oil and gas exploration and drilling, mining, boat house and shipping;
(c) There shall be no restriction on the traditional fishing and allied activities undertaken by local communities."
24. Annexure-I (page no. 151 of the paper book), to the Notification 2011 provides the following guidelines for preparation of Coastal Zone Management Plans:-
"GUIDELINES FOR PREPARATION OF COASTAL ZONE MANAGEMENT PLANS 46 I. A. Demarcation of High Tide Line
1. Demarcation of High Tide Line (HTL) and Low Tide Line (LTL) shall be carried out by one of the agencies authorised by MoEF based on the recommendations of the National Centre for Sustainable Coastal Management (NCSCM).
2. Demarcation of the High Tide Line or LTL shall be made on the Coastal Zone Management (CZM) Maps of scale 1:25,000 prepared by the agencies identified by the MoEF.
3. Local level CZM Maps shall be prepared for use of officials of local bodies for determination of the CRZ.
4. The local level CZM Maps shall be prepared on a Cadastral scale in accordance with the CZM Maps approved by the Central Government.
B. Preparation of CZM Maps
5. Base Maps of 1:25,000 scale shall be acquired from the Survey of India (SOI) and wherever 1:25,000 maps are not available, 1:50,000 maps shall be enlarged to 1:25,000 for the purpose of base map preparation and these maps will be of the standard specification given below:
Unit : 7.5 minutes X 7.5minutes Numbering : Survey of India Sheet Numbering System Horizontal Datum : Everest or WGS 84 Vertical Datum : Mean Sea Level (MSL) Topography : Topography in the SOI maps will be updated
using latest satellite imageries or aerial photographs"
6. The High Water Level (HWL) and Low Water Level (LWL) marked on the Base maps will be transferred to the CZM maps.
7. Coastal geomorphological signatures in the field or satellite imageries or aerial photographs will be used for appropriate adjustment, in the HWL or LWL for demarcating HTL or LTL in accordance with the CRZ notification.
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8. The following geomorphological features shall be considered while demarcating in HTL or LTL:
Landward (monsoonal) berm crest in the case of sandy beaches Rocks, Headlands, Cliffs Seawalls or revetments or embankments
9. 500 meter and 200 metre lines will be demarcated with respect of HTL.
10. HTL (as defined in the CRZ notification) and LTL shall also be demarcated in the CZM maps along the banks of tidal influenced inland water bodies with the help of the geomorphological signatures or features.
11. Classification of different coastal zones shall be done as per the CRZ notification.
12. Standard national or international colour codes shall be used to highlight sub-classification of data. C. Local level CZM Map Local level CZM Maps are for the use of local bodies and other agencies to facilitate implementation of the Coastal Zone Management Plans.
13. Cadastral (village) maps in 1:3960 or the nearest scale, shall be used as the base maps.
14.These maps are available with revenue Authorities and are prepared as per standard norms.
15.HTL (as defined in the CRZ notification) and LTL will be demarcated in the cadastral map based on detailed physical verification using coastal geomorphological signatures or features in accordance with the CZM Maps approved by the Central Government.
16. 500 metre and 200 metre lines shall be demarcated with respect to the HTL thus marked.
17.HTL (as defined in the CRZ notification,1991) and LTL will also be demarcated along the banks of tidal influenced inland water bodies with the help of geomorphological signatures or features. 48
18. Classifications shall be transferred into local level CZM maps from the CZM Plans.
19. Symbols will be adopted from CZM Maps.
20. Colour codes as given in CZM Maps shall be used.
21. Demarcation of cadastral maps will be done by local agencies approved by the Central Government. The local agencies shall work under the guidance of the concerned State Government or Union Territory Coastal Zone Management Authorities.
D. Hazard mapping:-
II. Classification of CRZ areas,-
1. The CZM Maps shall be prepared in accordance with para 5 of the CRZ notification demarcating CRZ I, II, III, IV and V.
2. The CZM Maps shall clearly demarcate the land use plan of the area and lists out the CRZ-I areas. All the CRZ-I areas listed under para 7(I)A and B shall be clearly demarcated and colour codes given so that each of the CRZ-I areas can be clearly identified.
3. Buffer zone along mangrove areas of more than 1000sq mts shall be stipulated with a different colour distinguishing from the mangrove area.
4. The buffer zone shall also be classified as CRZ-I area.
5. The hazard line to be drawn up by MoEF shall be superimposed on the CZM maps in 1:25,000 scale and also on the cadastral scale maps.
6. The CRZ-II areas shall be those areas which have been substantially built-up with a ratio of builtup plots to that of total plots is more than 50%.
7. In the CRZ areas, the fishing villages, common properties of the fishermen communities, fishing jetties, ice plants, fish drying platforms or areas infrastructure facilities of fishing and local communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastral scale maps. States shall 49 prepare detailed plans for long term housing needs of coastal fisher communities in view of expansion and other needs, provisions of basic services including sanitation, safety, and disaster preparedness.
8. No developmental activities other than those listed above shall be permitted in the areas between the hazard line and 500mts or 100mts or width of the creek on the landward side. The dwelling unit of the local communities including that of the fishers will not be relocated if the dwelling units are located on the seaward side of the hazard line. The State Government will provide necessary safeguards from natural disaster to such dwelling units of local communities.
9. The water areas of CRZ IV shall be demarcated and clearly demarcated if the water body is sea, lagoon, backwater, creek, bay, estuary and for such classification of the water bodies the terminology used by Naval Hydrographic Office shall be relied upon.
10. The fishing Zones in the water bodies and the fish breeding areas shall be clearly marked.
11. The water area shall be demarcated indicating the pollution levels as per Central Pollution Control Board standards on water quality. 12. In the CRZ V areas the land use maps shall be superimposed on the Coastal Zone Management Plan and clearly demarcating the CRZ I, II, III, IV. 13. The existing authorized developments on the sea ward side shall be clearly demarcated.
14. The features like cyclone shelters, rain shelters, helipads and other infrastructure including road network may be clearly indicated on the CZM Maps for the purpose of rescue and relief operations during cyclones, storms, tsunami and the like.
III. CZMPs approved by MoEF in accordance with CRZ notification, 1991
1. While preparing the CZMPs under CRZ notification, 2011, the CZMPs that have been approved under the CRZ 50 Notification, 1991 shall be compared. A justification shall be provided by the concerned CZMA in case the CZMPs prepared under CRZ notification, 2011 varies with respect to the approved CZMP prepared under CRZ notification, 1991.
IV. Public Views on the CZMP.
a) The draft CZMPs prepared shall be given wide publicity and suggestions and objections received in accordance with the Environment (Protection) Act, 1986. Public hearing on the draft CZMPs shall be held at district level by the concerned CZMAs.
b) Based on the suggestions and objections received the CZMPs shall be revised and approval of MoEF shall be obtained.
c) The approved CZMP shall be put up on the website of MoEF, concerned website of the State, Union Territory CZMA and hard copy made available in the panchayat office, District collector office and the like. V. Revision of Coastal Zone Management Plans
1. Whenever there is a doubt the concerned State or Union territory Coastal Zone Management Authority shall refer the matter to the National Centre for Sustainable Coastal Management who shall verify the CZMP based on latest satellite imagery and ground truthing. 2. The rectified map would be submitted to MoEF for its record."
25. The said guidelines also provide that the draft CZMPs prepared shall be given wide publicity and suggestions and objections received in accordance with the Environment (Protection) Act, 1986, and public hearing on the draft CMPs shall be held at the District Level by the concerned CZMAs based on the suggestions and objections received, the CZMPs shall be revised 51 and approval of the Ministry of Environment, Forests and Climate Change, shall be obtained.
26. Annexure-III to the CRZ Notification 2011 lays down the guidelines for development of beach resorts or hotels in the designated areas of CRZ-III and CRZ-II for occupation of tourists and visitors with prior approval of the Ministry of Environment and Forests, which read as under:-
"Guidelines for development of beach resorts or hotels in the designated areas of CRZ-III and CRZ-II for occupation of tourist or visitors with prior approval of the Ministry of Environment and Forests I. Construction of beach resorts or hotels with prior approval of MoEF in designated areas of CRZ-II and III for occupation of tourist or visitors shall be subject to the following conditions, namely:-
(a) The project proponent shall not undertake any construction within 200 metres in the landward side of High Tide Line and within the area between Low Tide Line and High Tide Line;
(b) The proposed constructions shall be beyond the hazard line or 200mts from the High Tide Line whichever is more;
(c) live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;
(d) no flattening of sand dunes shall be carried out;
(e) no permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts;
(f) Construction of basement may be allowed subject to the condition that no objection certification is 52 obtained from the State Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area;
(g) the State Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate;
(h) though no construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account;
(i) the total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 percent of the plot size i.e., the Floor Space Index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate vegetal cover;
(j) the construction shall be consistent with the surrounding landscape and local architectural style;
(k) the overall height of construction upto the highest ridge of the roof, shall not exceed 9metres and the construction shall not be more than two floors (ground floor plus one upper floor);
(l) groundwater shall not be tapped within 200metre of the High Tide Line; within the 200metre 500metre zone it can be tapped only with the concurrence of the Central or State Ground Water Board;
(m) extraction of sand, leveling or digging of sandy stretches except for structural foundation of building, swimming pool shall not be permitted within 500metres of the High Tide Line;
(n) the quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central or State Pollution Control Board and under the Environment (Protection) Act, 1986;53
(o) necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach;
(p) to allow public access to the beach, atleast a gap of 20metres width shall be provided between any two hotels or beach resorts; and in no case shall gaps be less than 500metres apart; and
(q) if the project involves diversion of forestland for non-
forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and State laws as applicable to the project shall be met with; and
(r) (r) approval of the State or Union territory Tourism Department shall be obtained.
II. In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other area as may be notified by the Central or State Government Union territories) construction of beach resorts or hotels shall not be permitted."
27. In support of the contention that in consolidation proceedings, Village/Mouza-Sipasurubili was also included in proceedings under Section 3 of the Odisha Consolidation of Holdings Act, 1972, the learned Counsel for the Applicant has referred to the Annexure-G which is a Notification of the Revenue and Excise Department, dated 22.09.1988. The learned Counsel has also referred to the letter dated 24.11.2017 received in response to his RTI application wherein the Odisha Water Supply and Sewerage Board ('OWSSB' for short) Office, Puri, has stated that the Sipasurubili area from 54 western boundary of the Puri Municipality to the Mangala River is not within the Puri Municipality. The sewerage network under this sewerage project, namely, 'Sewage Collection and Treatment System for Puri Town' executed within the Puri Municipality area, has not been executed in the said area. Hence, sewerage connection in Sipasurubili area from western boundary of Puri Municipality to Mangala River has not been given as the area in question is not provided with sewerage system by OWSSB. It is also stated that OWSSB has not connected the sewerage network system within 500 meters of the High Tide Line (RZ area) of Sipasurubili area i.e., from western boundary of Puri Municipality to Mangala river.
The submission of the learned Counsel, therefore, is that since there is no sewage or drainage network in the Sipasuribili area, therefore, the area in question cannot be said to constitute the developed land areas upto or close to shoreline within the existing municipal limits or in other existing local designated urban areas which are substantially built-up with a ratio of built-up plots to that of total plots being more than 50% and have been provided with drainage and approach roads and other infrastructural facilities such as - water supply and sewerage mains etc. so as to be included in CRZ-II. The further contention of the learned Counsel is that the land areas that are relatively undisturbed (viz. rural areas etc.) and those which do not fall under CRZ-II shall constitute CRZ-III and, therefore, the Sipasurubili area should be included in CRZ-III or CRZ-IIIB and it has wrongly been included and notified as CRZ-II.
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28. Learned Counsel has also referred to the letter of the Deputy Executive Engineer, P.H. Sub-Division, Puri, dated 05.12.2017, which is a reply to the RTI application submitted by one Sri Durga Prasad Rath, Advocate, Puri, wherein it is stated that till date there is no pipeline for carrying potable water to Sipasarubali area by the said office and there is no proposal to lay the said pipeline in the current financial year.
29. Reliance has also been placed on the proceedings of the District Coastal Zone Monitoring Committee ('DCZMC' for short), dated 14.01.2020 and it is submitted that the DCZMC under the Chairmanship of District Collector, Puri, has stated that Sipasarubali is a village located in Sheet No. E 45B 13/SW, having a population density less than 2161 per square kilometer as per 2011 census and is under process of consolidation as per the Revenue & Excise Department, Govt. of Odisha, Gazette Notification No. 1390 dated 22.09.1988. Most of the area is having agriculture land and casuarinas trees. Sipasuruboli area i.e., from western boundary of Puri Municipality to the Mangala River is to be marked as CRZ-III B instead of CRZ-II. The observations made by the Committee read as under:-
"After going through the objections and claims filed by the stake holders and analyzing the provisions of CRZ Notification, 2019, verdict of Hon'ble High Court of Odisha, Hon'ble Apex Court of India, letters of the DCZM Committee inferred with the following conclusion.56
1. Sipasarubali is a village located in Sheet No. E 45B 13SW having population density less than 1261 per sq.km as per 2011 census is under process of consolidation as per the Revenue & Excise Department, Govt. of Odisha Gazette Notification No. 1390 Dt. 22.09.1988. most of the area is having agriculture land and casuarinas trees. Sipasarubali area i.e., from western boundary of Puri Municipality to the Mangala River is to be marked as CRZ-IIIB instead of CRZ-II.
2. Due attention shall be made to protect the livelihood of traditional fishermen of the District staying on coastline while implementing any project under the purview of CRZ guide lines.
3. The existing authorized Development as per the CRZ Notification, 2019 on the sea ward side should be clearly demarcated in the final CZMP map of the District.
4. The part of revenue village Sipasarubali i.e. beyond Mangala river towards Harachandi temple, as per CZMP map of 1998 was coming under CRZ-III in the then final published map. Hence changing the status to CRZ-IA in the draft map of CZMP, 2019 will be too drastic for ongoing proposed developmental perspective of the area.
5. Chandrabhaga beach is coming within the limit of Konark Notified Area Council (ULB). The NAC area also extends towards Puri along marine drive. The NAC area is Chandrabhaga beach be excluded from CRZ-IA and be placed in CRZ-IIIB.
6. As per the CRZ Notification, 2019, Annex-IV clause 5(i) the land use plan of the CRZ area of Puri shall be shown in the final CZMP map.
7. The cadastral revenue map should be properly incorporated on the final CZMP map, so that existing roads available should not be waived out from the final CZMP map."57
30. The learned Counsel, therefore, submitted that even the DCZMC has recommended that the Sipasurubili area from the western boundary of Puri Municipality to Mangala River should be marked as CRZ-III but the State Government has wrongly marked it as CRZ-II.
31. The learned Counsel has further drawn the attention of the Court to the additional affidavit filed by the Collector and District Magistrate, Puri, dated 03.08.2009 filed in O.J.C. No. 11406 of 1996 (Suo Motu PIL) in the High Court of Orissa, Cuttack, and submitted that the Collector and District Magistrate, Puri, had also submitted a status report of Village-Sipasurubuli, District-Puri, wherein it was stated that in the said village, consolidation work was in progress as per Section 11 & 12 of the Odisha Consolidation of Holdings Act, 1972.
The submission of the learned Counsel, therefore, is that the Village-Sipasurubili continues to be a village as late as 1991 as would be evident from the affidavit of the Collector and District Magistrate, Puri, and, therefore, it cannot be included in CRZ-II as it does not fulfill the criteria being designated and notified in CRZ-II and should be re-classified as CRZ-IIIB and that the Sipasurubili area in question has wrongly been notified as CRZ-II vide the impugned Ministry of Environment, Forests and Climate Change letter dated 01.06.2021 in terms of the CRZ Notification, 2019.
32. Learned Counsel has further referred to Annexure-22 which is a complaint letter of the Chairman, State Pollution Control Board, 58 Odisha, dated 29.03.2007, received from the President of Beach Protection Council of Orissa, addressed to the Principal Secretary to Govt. Housing and Urban Development Department, Govt. of Orissa, stating therein that in the absence of any Development Plan with proper sewerage and drainage network, any construction in Sipasurubili area (beyond Hotel CoCo Palm) is not desirable in the interest of clean environment of the area as well as a clean beach. The Housing and Urban Development Department was requested to instruct the Puri-Konark Development Authority accordingly. The Principal Secretary, Housing and Urban Development Department, Govt. of Orissa, has accordingly been requested to instruct the Puri- Konark Development Authority not to allow any construction activity in the said area till the development plan along with the proper sewer and drainage system is in place.
33. The Applicant has filed an additional affidavit dated 22.11.2021, and by referring to the proceedings of the 41st Building Permission Committee of Puri Konark Development Authority held on 02.06.2021 under the Chairmanship of Collector, Puri & Vice Chairman, PKDA, Puri, and its report dated 16.11.2021, the learned Counsel submitted that with regard to the application for permission for construction of Basement + 5 Storeyed Hotel Resorts Building in favour of M/s Pravat Hospitality Pvt. Ltd., over the Plot No. 258, Khata No. 96 in Mouza-Sipasurubili, Puri Sadar, Puri, wherein it has been mentioned that the proposed Project is a permissible activity in CRZ-II area as per CRZ Notification, 2011 and its subsequent amendment by S.O. 1955 dated 15.06.2015. It 59 is also mentioned that there is no road on the field toward seaward side of the plot (Project Site), which might have been washed away. However, the approach road to the plot (Project Site) is existing on north side of the plot.
34. Reference has also been made to the order of the Orissa High Court dated 24.01.2012 passed in CRLMC Nos. 1957 of 1951 of 2001 (Prasant Kumar Pattnaik & Anr. Vs. State of Odisha & Ors.), wherein in para 14 of the order it was held as under:-
"This Court, therefore, prima facie finds that a road was in existence along with the sea-shore starting from Hotel Hans Coco Palm (Prachi Hotel) up to Sterling Holiday Resorts though such road has not been reflected in the revenue map, which was being used by OREDA in 1990.
Finally, OCZMA, being competent authority to decide the permissible activity in CRZ-II area has granted CRZ clearance under CRZ Notification, 2011."
35. Reference has also been made to the letter dated 10.01.2007 issued by the Orissa Renewable Energy Development Agency, wherein it is mentioned that a service road was constructed by this agency which was stretched from behind the Hans Coco Palm Hotel up to the Sterling Holiday Resort along the beach in Mouza Sipasurubili in Khata No. 1 and Plot No. 136. The length and width of this road were 2173 meters and 6 meters respectively.
36. Learned Counsel has also referred to Annexure-33 which is a Development Plan of Puri Sea-Beach, wherein under the head 60 'Physical Survey' it is mentioned that the draft Master Plan for Puri was prepared during 1968 and since then, survey has been done to know the developmental activities of the sea-beach before preparation of the physical survey area and it is further stated that physical survey has been conducted during the month of October, 1982 by the Town Planning Unit, Bhubaneswar, and it is stated that within 500 meters stretch of land there are 11 part villages and one full village. The list appended to this survey report mentions Sipasurubili (Part) as village outside the Municipal area of Puri Sadar. The survey report further mentions that the Village- Sipasurubili is situated on the west of Municipal boundary and stretched along the sea-shore about 11.00 kilometers. The entire area measuring 500 meters from the High Tide Line has been utilized partly by Casuarina plantation and the rest is lying vacant in the form of sand dunes and sandy fields. A canal cut also divides this area into two parts and there is no direct approach along the sea-shore upto the village due to this canal.
37. A rejoinder affidavit dated 06.04.2022 has also been filed by the Applicant and along with this affidavit, the Government of Orissa, Housing and Urban Development Department, Resolution dated 25.03.1992 has also been filed wherein the State Government had constituted a State Level Committee consisting of the following Members:-
(1) Commissioner-cum-Secretary to Govt. Chairman Housing & Urban Development Department, Orissa, Bhubaneswar, 61 (2) Director, Environment, Orissa, Bhubaneswar, Member Or his representative, (3) Director, Tourism, Orissa, Bhubaneswar, Member Or his representative, (4) Director, Town Planning, Orissa, Member Bhubaneswar
38. The functions of this Committee, inter-alia, was for disposal of cases seeking permission for construction of buildings and it was provided that the Secretary, Puri-Konark Regional Improvement Trust will forward to the Director of Town Planning, Orissa, Bhubaneswar, all the pending cases in respect of Puri-Aglaranga Coastal Stretches, after due scrutiny with reference to the provisions of the Coastal Zone Management Plan and the Puri Sea- Beach Development Plan along with his views.
39. Learned Counsel for the Applicant has also referred to the letter dated 29.07.2002 addressed by the Director, Environment, to the Vice Chairman & Collector, Puri, stating therein that the Puri- Konark Development Authority had issued a notice on 09.06.1999 regarding construction of buildings in CRZ-II areas of Puri-Konark stretch despite the objections from the Department and ultimately that notification had to be withdrawn after the intervention of the Ministry of Environment and Forest, Government of India. The letter further mentions that it would be prudent to await the finalization of CRZ-II areas before going in for authorizing the building permissions.
The learned Counsel, therefore, submit that as late as 2002 the CRZ-II area had not been finalized and that objections had been 62 raised by the Department of Environment, Odisha, and the notification issued regarding construction at this CRZ -II area of Puri-Konark stretch had to be withdrawn.
40. A further rejoinder affidavit dated 11.05.2022 has been filed by the Applicant and it is stated therein that Village/Mouza- Sipasurubili is within 500 meters from the High Tide Line and falls within the CRZ-III category and that sand dunes have altered in many places and that the area is under CRZ-III and not under CRZ- II and there is no road or sewer line and it is outside the municipal area; there is no water supply and it is still open space area, as per document filed as Anneure-85 which is stated to be notings from the file of the Ministry of Environment, Forests and Climate Change, Eastern Region Office, Bhubaneswar, being file No. 106- 44/EPE.
41. Reference has also been made to Annexure-86 which is a letter of the Chief Conservator of Forests (C), Government of India, addressed to the Manager, Sterling Holiday Resort, Puri, wherein it is mentioned that the construction made by the said Resort is in violation of CRZ Notification issued under Section 3 of the Environment (Protection) Act, 1986 and sub-rule (3) of Rule 5 of the Environment (Protection) Rule, 1986 and, therefore, the Manager of the Resort is liable for prosecution under Section 16(2) of the Act, 1986.
The learned Counsel, therefore, submitted that the area in question which includes the Sterling Resorts Holiday wherein the 63 construction has been made, was in violation of the CRZ Notification.
42. One more additional rejoinder affidavit dated 26.08.2022 has also been filed by the Applicant, stating therein that M/s Sterling Holiday Resorts Ltd. is situated in Village-Sipasurubili which is within 500 meters from the High Tide Line and does not fall under the Puri Municipal area nor is existing in designated urban area rather it comes under consolidation area where the consolidation operation is still going on.
43. Reference has also been made to Annexure-88 which is a notice issued by the Member Secretary, Orissa Pollution Control Board, on 06.12.1996 to the Project Manager, M/s Sterling Holiday Resorts India Ltd., to the effect that the said Resort has not applied for Consent in the prescribed form for the year 1996-97 and is operating without a valid Consent to Operate which is in violation of Water (Prevention and Control of Pollution) Act, 1974.
44. It is reiterated by the learned Counsel for the Applicant that Village/Mouza-Sipasurubili is classified and categorized as CRZ-III as per CRZ Notification 1991 and it has wrongly been classified as CRZ-II in the CZMP approved by the Ministry of Environment, Forests and Climate Change vide their Notification dated 01.06.2021.
45. A counter-affidavit dated 04.10.2021 has been filed by the State Respondents, Govt. of Odisha, wherein it is stated that in 64 terms of the CRZ Notification 2019 and Ministry of Environment, Forests and Climate Change, Guidelines dated 26.06.2019, the Coastal Zone Management Plan of Odisha has been updated, following the procedure laid down in the said Guidelines. It is also stated that after the draft CZMP was prepared, a public notice was issued and widely circulated; one in local Odia language newspaper namely, 'The Samaj'; and one in an English daily newspaper, namely, 'The New Indian Express; respectively, on 18.12.2019 and the soft copy was also put up on the website of the department as well as on the website of the Odisha Coastal Zone Management Authority, inviting views and comments from the public. The District Collectors and Chairmen of the District Level Coastal Zone Monitoring Committees ('DCZMCs' for short) of all the 7 (seven) coastal districts viz., Ganjam, Puri, Khurda, Jagatsinghpur, Kendrapara, Bhadrak and Balasore, were also requested to give wide publicity to the CZMPs inviting objections and suggestions and to hold public hearing on the draft CZMP at the District Level by the concerned DCZMCs as per the provisions of the Environment (Protection) Act, 1986; the requisite maps were also duly shared with all the concerned departments of the State Government and the Collectors of the Coastal Districts inviting their objections/suggestions and also the suggestions received were duly considered by the DCZMCs. The draft CZMPs were then scrutinized by the Technical Scrutiny Committee of the National Centre for Sustainable Coastal Management (NCSCM), Chennai, and thereafter placed before the National Coastal Zone Management 65 Authority in its 42nd meeting held on 23.03.2021 which examined the report and the presentations and the deliberations held, and thereafter recommended the CZMPs of Odisha to the Ministry of Environment, Forests and Climate Change for approval. The Ministry of Environment, Forests and Climate Change duly examined the draft CZMPs and the report of the various Committees and thereafter approved the CZMPs of Odisha.
46. In the counter-affidavit, it is also stated that the area in question in the present Original Application, namely, Sipasurubili Mouza, came under the planning area of Special Planning Authority vide Notification No. 3268/HUD, dated 21.02.1968; thereafter the Puri-Konark Regional Improvement Trust was constituted in 1982 and 12 Mouzas, namely, 10 situated within the Municipality + 2 outside the Municipality area including Sipasurubili was included in the Puri-Konark Regional Development Trust vide Notification No. 1462 dated 1983, after preparing the Development Plan of Puri Sea-Beach. Thus, vide Notification dated 03.10.1983, the Sipasurubili area is now part of Puri Town and falls under the jurisdiction of Puri-Konark Development Authority (formerly Puri- Konark Regional Improvement Trust) being part of the Master Development Plan of Puri.
47. Along with this affidavit, the report of the Odisha Space Applications Centre ('ORSAC' for short) dated 19.11.2020 has been filed as Annexure-H/5 on the land use areas in the CRZ-II areas of Sipasurubali area of Puri extending from the boundary of Puri 66 Municipality to bank of Mangala River which is shown in the chart thereof and is extracted herein below:-
"Land Use Area (Ha) % of total area
in CRZ-II
Built-up land 56.71 52.37
Buildable area 19.81 18.30
Land with scrub 31.76 29.33
Total 108.28"
48. The submission of Mr. P. P. Mohanty, learned Additional Government Advocate appearing for the State Respondents, Govt. of Odisha, is that CRZ-II has been explained in the CRZ Notification 2019 and it is stated that same shall constitute the developed land areas upto or close to shoreline within the existing municipal limits area or in other existing local designated urban areas which are substantially built-up with a ratio of built up plots to that of total plots being more than 50% and have been provided with drainage and approach roads infrastructural facilities such as - water supply, sewerage mains etc.
49. Mr. Mohanty has further referred to the order of the Odisha High Court dated 24.01.2012 passed in CRLMC Nos. 1957 and 1951 of 2009 (Prasant Kumar Pattnaik and Anr. Vs. State of Orissa and Ors.) and submitted that the Hon'ble High Court in para 7 of the order has in clear terms observed that 'the existing road which exists since mid 1980 and was constructed and used by OREDA for maintenance of their windmill has been upgraded by the P.W.D., Puri'.
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The submission of learned Counsel, therefore, is that the road was in existence prior to CRZ Notification, 2019 issued on 19.09.2021.
50. Learned Counsel has further referred to the letter and map issued by the Secretary of the then Puri-Konark Regional Improvement Trust dated 05.03.1987 addressed to the Chief Architect, Government of Orissa, filed as Annexure-7 to the CRLMC No. 1957 of 2009 which has also been noted by the Hon'ble High Court, showing the existence of the road from Hotel Hans Coco Palm to Sterling Holiday Resorts along the sea-beach and that the road is in existence since mid 1980 and is used by the public. The National Remote Sensing Agency, Hyderabad, has also prepared a map published during 1995-96 showing the existence of the said road.
51. The affidavit of the State Respondents further discloses that the NCZMC, Puri, in its 11th Technical Scrutiny Committee meeting held on 10.03.2021 had recommended that the area of Village/Mouza-Sipasurubili in the Puri District for Sheet No. E 45B 13/SW should remain as CRZ-II and the Committee after going through the entire documents on record including the satellite imagery of the area recommended that the area is already marked as CRZ-II.
52. Mr. Mohanty further submitted that the objections filed by the Puri Bar Association, present Applicant, along with others were duly considered by the DCZMC, Puri, as would be clear from the 68 proceedings of the DCZMC, Puri, while recommending change of CRZ classification of Sipasurubili area i.e., from western boundary of Puri Municipality to the Mangala River as CRZ-IIIB instead of CRZ-II. It is further submitted that on this report of the Committee, a clarification was sought by the authority from the Collector, Puri, for placing the same before the 34th meeting of the authority and the same was duly considered by the DCZMC and only thereafter a conscious decision was taken to classify the Sipasurubili, the area in question, in CRZ-II.
53. Learned Counsel has further submitted that by Notification No. 3430 dated 15.12.1999, a Committee was constituted under the Chairmanship of the Chief Secretary in pursuance of the Notification dated 27.09.1996 issued by the Ministry of Environment, Forests and Climate Change, to identify and demarcate the CRZ-II areas within the proposed CRZ-II areas. The first meeting of the Committee was held on 25.04.2000 and in that meeting on the basis of documents on record including maps and other land use pattern of the area in question, a decision was taken by the Committee that the CRZ portion of the Puri urban area defined within the boundaries of Sri Jagannath Sanskrit University in the East and Mangala River on the West is to be categorized as CRZ-II and the existing plantation areas in the Government land are to be protected at the planning stage.
54. Mr. Mohanty further by referring to the meeting of the DCZMC held on 14.01.2020 has placed reliance on the findings recorded by 69 the Committee constituted under the Government of India Notification dated 27.09.1996, wherein it was observed that any revision of the status of CRZ of the area from CRZ-II to CRZ-III will render the constructions taken up in the area as violations. As regards the clarification on inclusion of Sipasurubili Mouza under the Puri-Konark Development Authority jurisdiction, it was observed that the said Mouza came under the planning area of Special Planning Area vide Notification No. 3268/HUD, dated 21.02.1968 and the Puri-Konark Regional Improvement Trust was constituted in the year 1982 and the 12 Mouzas, namely, 10 inside the Municipality + 2 outside the Municipality area were included in the Puri-Konark Regional Improvement Trust vide Notification No. 1462 dated 03.10.1983, after preparing a Development Plan of Puri Sea-Beach. It was further noted that Sipasurubili is one of the Mouzas which though outside the Puri Municipality area but has been included within the jurisdiction of the erstwhile Puri-Konark Regional Improvement Trust (now known as 'Puri-Konark Development Authority') and continues to be part of Puri Town being part of the Master Development Plan of Puri.
The learned Counsel, therefore, submitted that the Sipasurubili area in question continues to be classified as CRZ-II.
55. Learned Counsel has further referred to the letter of the Collector-cum-Chairman, DCZMP, Puri, dated 18.06.2020 (Annexure-O/5), and submitted that the District Committee under the Chairmanship of the Collector Puri, had also mentioned that 70 Mouza-Sipasurubili along with 15 other villages come under the Development Area of Special Planning Authority, Puri, as per Town Planning & Improvement Trust Act, 1956 vide Urban Development Department Notification No. 3268/U.D. dated 21.02.1968. The District Committee also noted that Special Planning Authority was re-designated as Puri-Konark Regional Improvement Trust and again re-designated is as of today known as 'Puri-Konark Development Authority'.
56. Mr. Mohanty has also placed on record the Odisha Coastal Zone Management Authority proceedings of the 34th meeting held on 19.06.2020 dated 08.07.2020 and submitted that the Puri Bar Association was heard on their objections and written representation to the effect that the western boundary of Puri Municipality to Mangala River, namely, Sipasurubili area, should be re-classified as CRZ-IIIB instead of CRZ-II as the area does not have any facilities like - water supply and sewerage mains till date and submitted that the objections of the Applicant were rejected and referring to the previous notifications and letters issued from time to time, the CZMA held that the area in question continues to be CRZ-II since long, over a period of more than 20 years. The relevant extract of the observations of the OCZMA reads as under:-
"Proceedings of the 34th meeting of the Odisha Coastal Zone Management Authority (OCZMA) held on 19.06.2020 at 11:30 am.
..........xxxx...........xxxx.............xxxx..........xxxx.......71
D. Other Issues:-
Clarification on inclusion of urban area Sipasurubili area under CRZ-II area ..........xxx............xxx................xxx.............xxx.........
The Authority went through the proceedings of the meeting of DCZMC, Puri, held on 4.01.2020 at 4 p.m. and the recommendation of the Committee regarding CRZ categorization of Puri. It has been recommended that Sipasurubali area i.e. from western boundary of Puri Municipality to the Mangala river may be reclassified as CRZ III instead of CRZ-II, which was done in 1996.
In this connection, the objections and suggestions received are as follows:-
1. From the proceedings of the DCZMC, Puri, it is seen that submission of Puri Bar Association and NGTO Prakruti, among other comments had exclusively dealt Sipasurubali area and their submission was that a portion of Puri CRZ-II area i.e. from western boundary of Puri Municipality to Mangala River should be reclassified as CRZ-III (B) instead of CRZ-II as the area does not have facilities like water supply & sewerage mains till date and situated beyond Puri Municipality area and hence cannot be treated as designated urban area.
............xxxx..........xxxx..........xxxx.........xxx.........
6. After going through the objections, claims and suggestions of the stakeholders and verifying the arguments from official records, the following important points emerged.
a. MoEF, GoI had approved the CZMP of Orissa prepared on the basis of CRZ Notification, 1991 vide their letter No. J-17011/11/91/IA-II dated 27.09.1996. regarding categorization of CRZ area of Puri, it was stated by the Ministry that a Committee under the Chairmanship of the Chief Secretary with at least two 72 NGOs as member would be constituted to identify and demarcate CRZ-II areas within the proposed CRZ-II areas. The Committee, so constituted, vide Notification No. 3430 dated 15.12.1999 had perused all relevant information, maps, land use pattern and had taken a decision that the CRZ portion of Puri urban area defined within the boundaries of Sri Jagannath Sanskrit university in the East and Mangala river on the West is to be categorized as CRZ-II.
b. So, the area continues to be in CRZ-II since that time. Several clearances/NOCs have been issued by the OCZMA in this area during last 20 years based on the classification of this area as CRZ-II. Any revision of the status of CRZ of the area from CRZ-II to CRZ-III will render the constructions taken up in the area as violations, thereby Government and the OCZMA will unnecessarily be dragged into several litigations. c. Regarding the observation made by the DCZMC, these points were not brought to the notice of the Committee.
d. The same arguments for conversion of Sipasurubuli area from CRZ-II to CRZ-III were received in 2018 while the CDZMP-2018 was being prepared. This matter was presented in detail during the presentation in 2018 before Technical Scrutiny Committee at Chennai. Finally they recommended that categorization made in approved CZMP 1996 should remain unaltered and the area between Sri Jagannath Sanskrit University and Mangala river as CRZ-II.
e. As regards clarification on inclusion of Sipasurubuli mouza under the PKDA jurisdiction, it was clarified that the above mouza came under the planning area of S.P.A. vide Notification No. 3268/HUD, dated 21.02.68, Puri Konark Regional Improvement Trust was constituted in the year 1982. Subsequently, the Trust included 12 mouzas into their jurisdiction (10 inside Municipality + 2 outside Municipality area) vide Notification No. 1462 dated 3rd October, 1983 after 73 preparing a Development Plan of Puri Sea Beach. Sipasurubali is one among the mouzas which is outside the Municipality area. In view of this Notification, Sipasurubuli area continues to be part of Puri Town which is under the jurisdiction of erstwhile Puri Konark Regional Improvement Trust and presently Puri Konark Development Authority being a part Master Development Plan of Puri.
The same has been endorsed by the Collector, Puri, vide his letter No. 2574 dt. 18.06.2020 with supporting documents confirming the status of the Sipasurubali area, as a part of the jurisdiction of PKDA.
After due deliberation, the Authority was convinced that there is no jurisdiction for reclassifying the area from CRZ II to CRZ III. Hence no action need to be taken on the recommendation of the DCZMC so far as this matter is concerned. the decision taken by the Committee under the Chairmanship of Chief Secretary in compliance to the CZMP approval letter of the then MoEF, GoI, in 2000 should not be changed. Hence, the CRZ portion of Puri urban area defined within the boundaries of Sri Jagannath Sanaskrit University in the East and Mangala river on the West will continue as CRZ-II and recommendation to the NCSCM will be made accordingly."
57. Learned Counsel has referred to Annexure-R/5 to the affidavit, which is a letter dated 01.06.2021 communicated by the Ministry of Environment, Forests and Climate Change to the Odisha Coastal Zone Management Authority, stating therein that on the recommendation of the National Coastal Zone Management Authority in its 42nd meeting held on 23.03.2021, the Ministry of Environment, Forest and Climate Change conveyed its approval of the CZMPs for the State of Odisha and that all the proposals 74 received henceforth for CRZ clearance shall be considered as per CRZ Notification 2019 only.
58. The State Respondents have also placed on record the proceedings of the meeting of DCZMC, Puri, held on 21.09.2014, wherein it was again recommended that the coastal stretch towards the western side of Puri Town covering a total stretch of 15 kilometers (including Sipasurubili) may be considered to be included under CRZ-II area instead of CRZ-III. The relevant extract of the meeting reads as under:-
"Proceedings of the meeting of District Coastal Zone Monitoring Committee for Puri District held on 11Th September 2014.
..........xxxx.........xxxxx..........xxxxx...........xxxx.........
2. Puri being an ancient city with rich cultural and religious heritage, is almost over populated and there is not much area for expansion of tourism related infrastructures to accommodate the increasing flow of tourists. There is only scope in the lesser explored Sipasarubali area, located at the western side of Puri Town, which would be ideal for development of tourist infrastructures. Hence the coastal stretch towards the western side of Puri town covering a total strength of 15 kms (including Sipasarubali) may be considered to be included under CRZ-II area (instead of CRZ-III as per the mapping) for development of exclusive tourism circuits/infrastructures to promote heritage tourism. .......xxxxx...........xxxxx.............xxxx........xxxx......... "
59. Further letter of the Ministry of Environment, Forests and Climate Change dated 07.08.018 has been placed on record by the State Respondents (Annexure-Y/5), showing that based on the 75 recommendations of the National Coastal Zone Management Authority in its 34th meeting held on 18.07.2018, the Ministry of Environment, Forests and Climate Change has approved the CZMP for the State of Odisha.
60. The Odisha State Pollution Control Board, Respondent No.10, has filed two affidavits dated 22.04.2022 and 19.07.2022 and in the affidavit of 19.07.2022 it is clarified that the Annexure-22 dated 29.03.2007 which is a letter issued to the Housing and Urban Development Department, is only an advisory letter to instruct the Puri-Konark Development Authority not to allow any construction activity in the said area till development plan along with proper sewer and drainage system is in place.
61. Respondent No.12, Puri-Konark Development Authority, has filed an affidavit dated 24.02.2022, stating therein that the Sea- Beach Development Plan of Puri within 500 meters of High Tide Line was prepared and submitted to the Government Housing and Urban Development Department for approval vide letter dated 28.03.1985 but since no approval has been received from the Government till date, therefore, the Sea-Beach Development Plan is not in force.
62. In the affidavit of Puri-Konark Development Authority (PKDA), it is further stated that the High Court of Odisha in O.J.C. No. 2186 of 2000 has by its order dated 22.05.2015 restrained the Puri- Konark Development Authority to exercise the powers granted under Section 15, 16, 91 & 92 of the Odisha Development Act, 1982 76 within CRZ-II area of Puri under which permission as well as regularizing the construction activities are undertaken. However, it has empowered the State Coastal Zone Management Authority to regulate construction activities as per para 8(i) of the CRZ Notification 2011.
63. The Respondent No.1, Ministry of Environment, Forests and Climate Change, has also filed its affidavit, bringing on record the CRZ Notifications of 2011 and 2019 as well as the guidelines for updation of Coastal Zone Management Plan dated 26.06.2019.
64. In the affidavit, it is also reiterated that this draft CZMP of Odisha has been considered by the National Coastal Zone Management Authority in its meeting held on 23.03.2021 for the 7 (seven) coastal districts of Odisha including Puri and NCZMA has recommended the CZMP of Odisha for approval and thereafter considering the recommendations made by the NCZMA, the Ministry has also granted its approval to the CZMP for the State of Odisha under the CRZ Notification 2019 vide its letter dated 01.06.2021.
65. Reference at this stage may be made to CRZ Notification 1991 notified on 19.02.1991 by the Ministry of Environment, Forests and Climate Change, which for the first time classified the coastal areas into Category-I known as 'CRZ-I', Category-II known as CRZ-II, Category-III known as 'CRZ-III' and Category-IV known as 'CRZ-IV'. 77
66. CRZ-II included in those areas that have already been developed upto area close to the shoreline. For this purpose 'developed area' was referred to as that area within the municipal limits 'or' in other legally designated urban areas which were already substantially built-up and which have been provided with drainage and approach roads and other infrastructural facilities, such as - water supply and sewerage mains.
67. What is to be noted is that the word 'or' while referring to 'developed area' in CRZ Notification 1991 deals with two different situations. One, namely, those areas within the municipal limits, and second are those areas which are legally designated as urban areas which were already substantially built-up and have been provided with drainage and approach roads and other infrastructural facilities such as - water supply and sewerage mains.
68. The word 'or' in our opinion has been used disjunctively to distinguish the above two situations and cannot be read to be conjunctive to mean that if a particular area is within the municipal limits, it would necessarily be substantially built-up and provided with drainage and approach roads and have water supply and sewerage mains. In our opinion, if that had been the intention of the authorities while framing the CRZ Notification 1991, the definition of 'developed area' would have reflected so and would have included municipal limits to include urban areas which are substantially built-up and have been provided with drainage and 78 approach roads as also infrastructural facilities such as - water supply and sewerage mains.
69. The law is well settled that if the word 'or' is interpreted as 'and' and given a conjunctive meaning, the entire sentence would be unintelligible or produce an absurd results, in such a situation the word 'or' must be interpreted disjunctively and not conjunctively.
70. In our opinion, a realistic and harmonious interpretation of 'developed area' as used for classification of CRZ-II would imply that a particular area can be a part of municipal limits even if it is not legally designated as urban area, substantially built-up having drainage, approach roads or infrastructural facilities such as - drainage and sewerage mains.
71. Thus, in our opinion, the explanation of 'developed area' recognizes two situations where (a) area may be a part of municipal limits but without infrastructural facilities such as - drainage, sewerage or approach roads and (b) and area being an urban area having infrastructural facilities such as - drainage, water supply, road, sewerage and yet not included within the municipal limits. Therefore, merely because an area does not have infrastructural facilities such as - drainage and sewerage or water supply and is not legally designated urban area, does not mean that it should be ousted from being classified as CRZ-II, if otherwise such an area falls within the municipal limits of the town under consideration. 79
72. In the present case, we find that Village/Mouza-Sipasurubili was included in the Special Planning Area of Puri town as far back as 1968 and became part of the Puri-Konark Regional Improvement Trust (now designated as 'Puri-Konark Development Authority') in 1983 and has continued to remain as such till date and, therefore, it is a part of the municipal limits of Puri town and has rightly been classified as CRZ-II under the CRZ Notification 1991.
73. CRZ-III areas have been classified to be those areas that were relatively undisturbed and those which do not belong to either Category -I or Category-II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which were not substantially built-up.
74. Para 6(1) of CRZ Notification 1991 provides norms for regulating development activities, the coastal stretches within 500 meters of High Tide Line of the landward side being classified in the four Categories already referred to herein above and which read as under:-
"6(1) For regulating development activities, the coastal stretches within 500 metres of High Tide Line of the landward side are classified into four categories, namely :
Category I (CRZ-T) :
(ii) Areas that are ecologically sensitive and
important, such as national parks|
marine parks, sanctuaries, reserve
forest, wildlife habitats, mangroves,
corals/coral reefs, areas close to
80
breeding and spawning grounds of fish
and other marine life, areas of
outstanding natural beauty historical
heritage areas, areas rich in genetic
diversity, areas likely to be inundated
due to rise in sea level consequent upon
global warming and such other areas as
may be declared by the Central
Government or the concerned authorities at the State/Union Territory level from time to time.
(ii) Area between the Low Tide Line and the High Tide Line.
Category-II (CRZ-II):
The area that have already been developed upto or close to the shore-line. For this purpose, "developed area"
is referred to as that area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructure! Facilities, such as water supply and sewerage mains.
Category-III (CRZ-III):
Areas that are relatively undisturbed and those which do not belong to either Category-I or II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated, urban areas which are not substantially built up."
Category-IV (CRZ-IV):
Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands except those designated as CRZ-I, CRZ-II or CRZ-III."81
75. Para 6(2) of the CRZ Notification 1991 provides norms for regulating development or construction activities in different categories of CRZ areas which are as under:-
"6(2) The development or construction activities in different categories of CRZ areas shall be regulated by the concerned authorities at the State/Union Territory level, in accordance with the following norms:-
CRZ-I No new construction shall be permitted within 500 metres of the High Tide Line. No construction activity, except as listed under 2(xii), will be permitted between the Low Tide Line and the High Tide Line.
CRZ-II
(i) Buildings shall be permitted neither on the; seaward side of the existing road (or roads proposed in the approved Coastal Zone Management Plan of the area) nor on seaward side of existing authorised structures. Buildings permitted on the landward side of the existing and proposed roads existing authorised structures shall be subject to the existing local Town and Country Planning Regulations including the existing norms of FSI|FAR.
(ii) Reconstruction of the authorised buildings to be permitted subject with the existing FSI|FAR norms and without change in the existing use.
(iii) The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.
CRZ-III:
(i) The area upto 200 metres from the High Tide Line is to be earmarked as 'No Development Zone'. No construction shall be permitted within this zone except for repairs of existing authorised structures not exceeding existing FS1, existing plinth area and 82 existing density. However, the following uses may be permissible in this zone - agriculture, horticulture, gardens, pastures, parks, playfields, forestry and salt manufacture from sea water.
(ii) Development of vacant plots between 200 and 500 metres of High Tide Line in designated areas of CRZ-
III with prior approval of MEF permitted for construction of hotels/beach resorts for temporary occupation of tourists/visitors subject to the conditions as stipulated in the guidelines at Annexure-II.
(iii) Construction/reconstruction of dwelling units between 200 and 500 metres of the High Tide Line permitted so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans. Building permission for such construction/reconstruction will be subject to the conditions that the total number of dwelling units shall not be more than twice the number of existing units; total covered area on all (floors shall not exceed 33 per cent of the plot size ; the overall height of construction shall not exceed 9 metres and construction shall not be more than 2 floors (ground floor plus one floor).
(iv) Reconstruction/alterations of an existing authorised building permitted subject to (i) to (iii) above."
76. CRZ-IV norms of the Notification 1991 relate to Andaman and Nicobar and Lakshadweep and small islands with which we are not concerned for purposes of controversy involved in the present case.
77. Annexure-II to the CRZ Notification 1991 lays down the guidelines for development of Beach, Resorts/Hotels in the designated areas of CRZ-III for temporary occupation of tourists/visitors with prior approval of the Ministry of Environment, 83 Forests and Climate Change. Para 7 of the said annexure lays down the conditions for construction of Beach, Resorts/Hotels in CRZ-III with approval of the Ministry of Environment, Forests and Climate Change, which read as under:-
"GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS/HOTESL IN THE DESIGNATED AREAS OF CRZ-III FOR TEMPORARY OCCUPATION OF TOURIST/VISITORS. WITH PRIOR APPROVAL OF THE MINISTRY OF ENVIRONMENT & FORESTS"
7(1) Construction of beach resorts/hotels with prior approval of MoEF in the designated areas of CRZ-III for temporary occupation of tourists/visitors shall be subject to the following conditions:
(i) The project proponents shall not undertake any construction (including temporary constructions and fencing or such other barriers) within 200 metres (in the landward side) from the High 'Tide Line and within the area between the Low Tide and High Tide Line;
(ii) The total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 per cent of the plot size i.e. the FSI shall not exceed 0.33. The open area shall be suitably landscaped with appropriate vegetal cover;
(iii) The construction shall be consistent with the surrounding landscape and local architectural style;
(iv) The overall height of construction upto the highest ridge of the roof, shall not exceed 9 metres and the construction shall not be more than 2 floors (ground floor plus one upper floor);
(v) Ground water shall not be tapped within ^00 m of the HTL; within the 200 metre500 metre zone it can be tapped only with the concurrence of the Central] State Ground Water Board;84
(vi) Extraction of sand, levelling or digging of of sandy stretches except for structural foundation of building, swimming pool shall not be permitted within 500 metres of the High Tide Line;
(vii) The quality of treated effluents, solid wastes, emissions and noise levels etc. from the project area must conform to the standards laid down by the competent authorities including the Central/State Pollution Control Board and under the Environment (Protection) Act, 1986;
(viii) Necessary arrangements for the treatment of the effluents and solid wastes must be made. It must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent/solid waste shall be discharged on the beach;
(ix) To allow public access to the beach, at least a gap of 20 metres width shall be provided between any two hotels/beach resorts; and in no case shall gaps be less than 500 metres apart; and
(x) If the project involves diversion of forest land for non-
forest purposes, clearance as required under the Forest (Conservation), Act, 1980 shall be obtained. The requirements of other Central and State laws as applicable to the project shall be met with.
(xi) Approval of the State/Union Territory Tourism Department shall be obtained.
7(2) In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other areas as may be notified by the Central/State Government/Union Territories) construction of beach resorts/hotels shall not be permitted."
78. Therefore, from a perusal of the Ministry's CRZ Notification of 1991, what emerges is that construction of Beach, Resorts/Hotels 85 is permissible even in a coastal area designated as CRZ-III with prior approval of the Ministry of Environment, Forests and Climate Change and subject to the conditions laid down in Annexure-II to the notification.
79. The contention of the Applicant is that Village/Mouza- Sipasurubili area was a village area which did not even have a road and did not even have appropriate drainage or sewerage system is not correct. The documents relied upon by the Applicant, namely, the Revenue and Excise Department Gazette Notification 22.09.1988, only mentions that in respect of Village-Sipasurubili Consolidation Proceedings under Orissa Consolidation of Holdings Act, 1972, are in process. The RTI response letter of the Orissa Water Supply & Sewerage Board (OWSSB) dated 24.11.2017 Annexure-D mentions that Sipasurubili area from western boundary of the Puri Municipality to the Mangala River is not within the Puri Municipality which is absolutely erroneous since the area in question was included in the Special Planning Area since 21.02.1968 and in the Puri-Konark Regional Improvement Trust since 03.10.1983 now re-designated as Puri-Konark Development Authority. It was further notified in the CRZ-II in the meeting of the Committee dated 25.04.2000 constituted vide Ministry of Environment, Forests and Climate Change Notification dated 27.09.1996. The OWSSB has only mentioned that sewerage network under this Sewerage Project has not been executed in the area in question. It is further stated that the OWSSB has not connected the sewerage network system within 500 meters of the 86 High Tide Line (RZ area) of Sipasurubili area i.e., from western boundary of Puri Municipality to Mangala River.
80. It may be noted that though sewerage system in Sipasurubili area was not connected to the sewerage system of OWSSB but that alone does not imply that the said area did not have a sewerage and drainage system at all. The RTI reply of OWSSB only mentions that the OWSSB has not connected the sewerage network system within 500 meters of the High Tide Line for Sipasurubili area which is from western boundary of Puri Municipality to Mangala River.
81. The Applicant has referred to Annexure-13 which is a status report of Village/Mouza-Sipasurubili as on 31.07.2019 filed along with the additional affidavit of the Collector & District Magistrate, Puri, in O.J.C. No. 11406 of 1996 pending before Orissa High Court, which only mentions that consolidation work was going on in the said village under Section 9(1) of OCH Act, 1972 as on 29.03.1993. The status report further mentions that in the 1927 settlement it had an area of Ac. 521.84 but in the 1977 settlement, the total area of the village was Ac. 5153.54 and after consolidation the area comes to Ac. 2859.21. The Government has taken possession over an area of Ac. 2192.49 and the said land has been restored to the Government. Besides, an area of Ac. 89.71 is kept in Government Khata instead of allowing it to be recorded in favour of one Chandra Sekhar Mishra.
82. The Applicant's reference to the Housing and Urban Development Department, Govt. of Orissa, Resolution dated 87 25.03.1992 for considering cases for grant of permission for construction of buildings with regard to Puri-Aglaranga Coastal Beaches and Puri Sea Beach Development Plan not being mentioned in CRZ-II, would be of little relevance since whether an area is to be included in CRZ-II or CRZ-III would strictly be covered by the Ministry of Environment, Forests and Climate Change CRZ Notification 2019.
83. The Applicant has also referred to the letter of the Vice Chairman and Collector, Puri, dated 29.07.2002 (Annexure-77) which mentions that the Puri-Konark Development Authority (PKDA) had issued a notice on 09.06.1999 regarding construction of buildings in CRZ-II areas of Puri-Konark stretch despite the objections from this department and that the notification was ultimately withdrawn. The letter of Vice-Chairman and Collector, Puri dated 27.07.2002 does not refer to Sipasurubili area.
84. Applicant's reference to the notice of the Chief Conservator of Forests (Central), Govt. of India, dated 06.09.1996 to the Manager, Sterling Holiday Resort, mentions that the Sterling Holiday Resort is being constructed in an area which comes under CRZ-III category and that construction should only be made subject to the conditions mentioned in the letter and ultimately the area upto 200 meters from the High Tide Line is earmarked as 'No Development Zone' and no new construction is permitted in this zone whereas construction with prior approval of the Ministry of Environment, Forests and Climate Change, between 200 and 500 meters of High 88 Tide Line is permissible and, therefore, directions were given to the Resort in question not to undertake any construction within 200 meters in the landward side from the High Tide Line and within the area between the Low Tide and High Tide Line.
From this, it is sought to be submitted by the Applicant that the Sipasurubili area in question was classified as CRZ-III which is thoroughly misconceived.
85. What is to be noted here is that Village/Mouza-Sipasurubili came under the planning area of the Special Planning Authority (SPA) vide Notification dated 21.02.1968 and thereafter it was incorporated in the Puri-Konark Improvement Trust in 1982 and by subsequent Notification dated 03.10.1983 after preparation of development plan of Puri Sea-Beach, 12 mouzas (10 inside the Municipality and 2 outside the Municipality) were included in the Puri-Konark Regional Improvement Trust (now known as 'Puri- Konark Development Authority') and, therefore, Village/Mouza- Sipasurubili continues to be part of the Puri Municipality.
86. We may also advert to the Ministry of Environment, Forests and Climate Change CRZ Notification 2011 which imposes restrictions on setting-up and expansion of industrial operations or process and the like in the CRZ by superseding the provisions of the CRZ Notification 1991, namely, the land area from High Tide Line of 500 meters on the landward side along the sea front and the CRZ shall apply to the land area between High Tide Line to 100 meters or width of the creek whichever is less on the landward side. The 89 CRZ Notification 2011 further discloses that activities prohibited within the CRZ areas are; setting up of new industries and expansion of existing industries except (a) those directly related to waterfront or directly needing foreshore facilities; (b) projects of Department of Atomic Energy; (c) facilities for generating power by non-conventional energy sources and (d) setting up of desalination plants in the areas not classified as CRZ-I(i) based on an impact assessment study including social impacts; (e) development of green field Airport already permitted only at Navi Mumbai; (f) reconstruction, repair works of dwelling units of local communities including fishermen in accordance with local town and country planning regulations; (g) manufacture or handling oil storage or disposal of hazardous substance as specified in the notification of the Ministry of Environment, Forests and Climate Change dated 28.07.1989 etc.
87. In the CRZ Notification 2011, CRZ-II has been classified as areas that have been developed upto or close to the shoreline and explanation thereto defines developed area to mean that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up with a ratio of built- up plots to that total plots being more than 50% and have been provided with drainage and approach roads and other infrastructural facilities like - water supply, sewerage mains etc.
88. CRZ-III in the CRZ Notification 2011 has been classified to include areas that are relatively undisturbed and those that do not 90 fall under CRZ-II area and shall continue to remain in CRZ-III which include coastal areas in rural areas (developed and undeveloped) and also areas within the municipal limits legally designated urban areas which are not substantially built-up.
89. We may also note here that Village/Mouza-Sipasurubili as far back as in 1968 was included in the Special Planning Area and thereafter in the Puri-Konark Regional Improvement Trust in 1983 (now Puri-Konark Development Authority) and, therefore, the Sipasurubili area cannot be designated as CRZ-III or CRZ-IIIB and shall continue to remain in CRZ-II.
90. The contention of the Applicant is that the Ministry of Environment, Forests and Climate Change CRZ Notification 2019 notified on 18.01.2019, notifies CRZ-II as areas constituting the developed land areas upto and close to shoreline within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up with a ratio of built up plots to that of total plots being more than 50% and have been provided with drainage and approach roads and other infrastructural facilities such as - water supply, sewerage mains etc.
91. In this context, we may refer to the Odisha Space Application Center (ORSAC) report dated 19.11.2020 (Annexure-H/5) with regard to the land use of the area in Village/Mouza-Sipasurubili extending from boundary of Puri Municipality area to the bank of Mangala River along with maps which indicates that the built-up area is 56.71 hectares i.e., 52.37%; buildable area is 19.81 91 hectares i.e., 18.30% and land with scrub area is 31.76 hectares i.e., 29.33% and the total area is 108.28 hectares, as per the chart already reproduced hereinabove.
92. Learned Counsel for the Applicant submitted that the word 'existing' as used in the CRZ Notification 1991 means the town and country planning regulations in force as on 19.02.1991. The learned Counsel further submitted that the word 'existing' would imply that building activity permitted under the CRZ Notification shall be frozen to the land and norms existing on the date of the CRZ Notification.
93. Reliance has been placed by the learned Counsel on the judgment of the Hon'ble Supreme Court reported in (2007) 14 SCC 439 (Suresh Estates Private Limited & Ors. Vs. Municipal Corporation Greater Mumbai & Ors.), wherein in para 19 of the judgment, the Hon'ble Supreme Court has dealt with the word 'existing' in the CRZ Notification 1991. Para 19 of the judgment is extracted herein below for proper appreciation of the case and reads as under:-
"19. The word "existing" as employed in the CRZ notification means the town and country planning regulations in force as on 19-2-1991. If it had been the intention that the town and country planning regulations as in force on the date of the grant of permission for building would apply to the building activity, it would have been so specified. It is well to remember that CRZ notification refers also to structures which were in existence on the date of the notification. What is stressed by the notification is that irrespective of what local town and country planning regulations may provide in future 92 the building activity permitted under the notification shall be frozen to the laws and norms existing on the date of the notification."
The learned Counsel, therefore, submitted that all building activities permitted under the CRZ Notification should be deemed to be frozen to the laws and norms existing on the date of the CRZ Notification, 1991.
94. The submission of the learned Counsel is totally misconceived. It must be noted that the CRZ Notification 1991 has subsequently been superseded by the CRZ Notification 2011 notified on 06.01.2011 and CRZ Notification 2011 itself has subsequently been superseded by CRZ Notification 2019 notified on 18.01.2019 by the Ministry of Environment, Forests and Climate Change to the extent mentioned in the said notification itself. The judgment of the Hon'ble Supreme Court in Suresh Estates (Supra) was given in 14.12.2007 when the CRZ Notification 2011 and CRZ Notification 2019 were not in existence and, therefore, it was in that context that the Hon'ble Supreme Court held that the building activity permitted under the CRZ Notification 1991 shall be frozen to the laws and norms existing on the date of the notification i.e., on 19.02.1991.
95. In our opinion, the judgment of the Hon'ble Supreme Court in Suresh Estates (Supra) has no application to the facts of the present case, particularly in view of the changed circumstances when the CRZ Notification 1991 stands superseded by subsequent Ministry of Environment, Forests and Climate Change CRZ Notifications of 93 2011 and 2019. The fact situation is also that as per ORSAC Report dated 19.11.2020, the built up area of the area in question is more than 50% i.e., it is 56.71 Ha. i.e. 52.37% and, therefore, it has rightly been classified as CRZ-II.
96. The further contention of the Applicant is that there was no road in the Sipasurubili area in question on the Puri Sea-Beach. However, this contention of the Applicant is absolutely misconceived and erroneous since this issue is no longer res-integra having been settled by the Hon'ble High Court of Orissa on 24.01.2012 in CRLMC Nos. 1957 and 1951 of 2009 (Prasant Kumar Pattnaik & Anr. Vs. State of Orissa & Ors.). Relevant extract of the order of the Hon'ble High Court is extracted herein below for proper appreciation of the case which reads as under:-
"13. ................xxx........xxx........xxx.......xxx.............
Allegation of the complainant is that the above Coastal Regulation Zone-II, as amended, has been violated by the accused persons. A bare reading of the amended provisions of Item No. (i) of CRZ-II clearly shows that construction of buildings shall be permitted only on the landward side of the existing road (roads proposed in the approved Coastal Zone Management Plan of the area) or on the landward side of the existing authorized structures. Such permission shall be subject to the existing local town and country planning regulations. A proviso has been made that no permission for construction of buildings shall be given on the landward side of any new roads which are constructed on the Seaward side of an existing road. It is, therefore, vital to gather as to whether the permission granted to the accused - Sudip Sen (petitioner in CRLMC No. 1951/2009) is on the landward side of an existing road which was existing prior to the notification dated 94 19.2.1991. In this regard, looking at the facts of the case, it is found that pursuant to an order passed by the appellate authority in Appeal Case Nos. 58 and 64 of 2004 on 26.02.2005, notices were issued to Shri Vivekananda Panigrahi, who was the appellant in said appeals and Sri Jagannath Bastia, who is the complainant in this case and to hold a joint inspection on 19.03.2005 at 3.30 P.M. In pursuance of the said order, the appellant- Vivekananda Panigrahi and the complainant herein, namely, Shri Jagannath Bastia himself made the site visit on 19.03.2005. During the course of joint inspection, the appellant Shri Vivekananda Panigrahi and his learned Advocate filed certain documents relating to the existence of road between the properties of the appellant land and the Sea. The documents thus filed includes a certified copy of the map of National Remote Sensing Agency taken through Satellite during the year 1996-97, certified copy of the Master Plan of Puri Sea Beach (Part), xerox copy of the Gazette notification dated 13.3.1998 publishing the draft modified interim development plan of Puri Municipal area, xerox copy of the relevant portion of CRZ-II notification permitting building to the landward side of the existing road etc. the minutes of the said inspection made by the complainant and the appellant in the said appeals have been annexed as Annexure-9 to the CLMC No. 1957 of 2009. It appears that the complainant himself endorsed in the said inspection report to the following effect:
"xxx xxx xxx xxx The appellant further states that the new road being constructed by PWD along the sea-shore starting from Hans Coco Palm (Prachi Hotel) upto Sterling Resort also has not been mentioned/reflected in the revenue map. But it is a fact that the said road was in existence much before 1990 and was being used for OREDA. Therefore, non reflection of the road on the revenue map should not be taken as a ground to negate existence of the road prior to 1991."95
14. This Court, therefore, prima facie, finds that a road was in existence along with the sea-shore from Hotel Hans Coco Palm (Prachi Hotel) up to Sterling Holiday Resorts though such road has not been reflected in the revenue map, which was being used by OREDA in 1990."
97. The Hon'ble High Court in its order has clearly recorded a finding that a road was in existence over the sea-shoreline starting from Hotel Hans CoCo Palm (Prachi Hotel) upto Sterling Holiday Resorts though such road had not been reflected in the revenue map which was being used by OREDA in 1990. The judgment of the Hon'ble High Court is dated 24.01.2012 and refers to the area in question as being in CRZ-II.
98. Learned Counsel for the Applicant has laid much stress upon the views expressed by the District Coastal Zone Monitoring Committee under the Chairmanship of District Magistrate & Collector, Puri, wherein the objections filed by the Puri Bar Association, Applicant herein, were also considered and it was observed that Sipasurubili Village located in Sheet No. E 45B 13/SW having a population density 2161 per square kilometer as per 2011 census is under process of consolidation as per Revenue and Excise Department Notification dated 22.09.1988 and most of the area is having agricultural land and casuarinas trees and thereafter from western boundary of Puri Municipality to the Mangala River is to be earmarked as CRZ-IIIB instead of CRZ-II.
99. The documents on record show that the decision of the DCZMA in its meeting held on 14.01.2020, was duly considered by 96 the Technical Scrutiny Committee to scrutinize the Coastal Zone Management Plan in its meeting held on 10.03.2021 and with regard to the area in question, the Technical Scrutiny Committee held that the classification of Sipasurubili area will remain as CRZ- II and as recommended by the OCZMA the said area is already marked as CRZ-II.
100. It is noteworthy to mention here that the recommendations of the DCZMA were duly considered by the OCZMA while preparing for updation of the Coastal Zone Management Plan with regard to Sipasurubili area and it was recommended that Sipasurubili is a rural area and is under the process of consolidation. Hence, the classification of the area/land and grant of permit to any person who undertake developmental activity within CRZ, especially within 500 meters of High Tide Line, must not be allowed. In the map sheet No. E 45B 13/SW, the limit of CRZ-II has been shown to extend beyond the limit of Puri Municipality upto Mangala River mouth. The CRZ should be limited along the coast within the Puri Municipality limit. The Odisha Coastal Zone Management Authority recommended that; area upto 500 meters from High Tide Line is a sandy area without any agricultural land. The order of consolidation was not given effect since more than three decades and nothing has been extended today. The CRZ area upto Mangala River is categorized as CRZ-II as per approved CZMP 1996 consequent upon finalization of Chief Secretary Committee report in 2000.
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Thus, it will be seen that Sipasurubili area in question was approved as far back as 1996 to be classified as CRZ-II.
101. The Odisha Coastal Zone Management Authority (OCZMA) in its 34th meeting held on 19.06.2020 has considered the objections of the Applicant that portion of Puri CRZ-II area i.e., from western boundary of Puri Municipality to Mangala River should be re- classified as CRZ-III (B) instead of CRZ-II as the area does not have the facilities like - water supply and sewerage mains till date and is situated beyond Puri Municipality and, hence, cannot be treated as a designated urban area.
The objections were duly considered by the OCZMA and it was noted that the CZMP of Odisha was prepared on the basis of CRZ Notification 1991 and had been approved by the Ministry of Environment, Forests and Climate Change, Govt. of India, vide their letter dated 27.09.1996 regarding categorization of Coastal Regulatory Zone area of Puri and it was stated by the Ministry that a Committee under the Chairmanship of Chief Secretary with at least two NGOs as Member would be constituted to identify and demarcate the proposed CRZ-II areas. The Committee so constituted under the Notification No. 3430 dated 15.12.1999 perused all the documents, relevant information, maps, land use pattern and had taken a decision that the CRZ portion of Puri urban area defined within the boundaries of Sri Jagannath Sanskrit University in the East and Mangala River on the West is to be categorized as CRZ-II. The OCZMA also held that the area continues 98 to be in CRZ-II since that time and several Clearances/NOCs have been issued by the OCZMA in this area during the last 20 years based on the classification of this area as CRZ-II and any revision of the status of CRZ of the area from CRZ-II to CRZ-III will render the constructions already taken up in the area, as violations. The OCZMA, therefore, held that the categorization made and approved in the CZMP 1996 should remain unaltered and the area between Sri Jagannath Sanskrit University and Mangala River should remain classified as CRZ-II.
102. The document filed as Annexure-R/5 is the impugned letter of Additional Director, Ministry of Environment, Forests and Climate Change, dated 01.06.2021, wherein it is mentioned that the Coastal Zone Management Plans for the State of Odisha have been approved by the National Coastal Zone Management Authority in its 42nd meeting held on 23.03.2021 and all proposals received henceforth for CRZ clearance shall be considered only as per CRZ Notification 2019.
103. The learned Counsel for the Applicant has also relied upon the judgment of the Hon'ble Supreme Court in (1995) 5 SCC 281 (Indian Council for Enviro - Legal Action Vs. Union of India & Ors.), and submitted that the Hon'ble Supreme Court has directed that all restrictions, prohibitions regarding construction and setting up of industries or for any other purpose contained in the Notification dated 19.02.1991 (CRZ Notification 1991) issued by the Ministry of Environment, Forests and Climate Change, shall be meticulously 99 followed by all the concerned States. Activities which have been declared as prohibited within the Coastal Regulation Zone shall not be undertaken by any of the Respondent States and regulations of permissible activities shall also be meticulously followed.
As we have already noted above while discussing the case of Suresh Estates (Supra), the judgment in Indian Council for Enviro (Supra) was decided on 18.04.1996 and at that time the CRZ Notification 1991 notified on 19.02.1991 alone was in existence and it was in that context that the directions were given by the Hon'ble Supreme Court to comply with the directions given in CRZ Notification 1991. The CRZ Notification 1991 has since been superseded by the CRZ Notification 2011 notified on 06.01.2011 by the Ministry of Environment, Forests and Climate Change to the extent stated in the said Notification which also has now been superseded by the CRZ Notification 2019 notified on 18.01.2019 by the Ministry of Environment, Forests and Climate Change to the extent stated in the CRZ Notification 2019. However, so far as the directions given by the Hon'ble Supreme Court that activities prohibited under the Coastal Regulation Zone shall be meticulously followed is a direction which will now conform to the CRZ Notification 2019. At the cost of repetition, it may be noted that Village/Mouza-Sipasurubili area has been notified as CRZ-II.
104. The Orissa Renewable Energy Development Agency in its letter dated 10.01.2007 (Annexure-31) has also noted that a service road was constructed which stretched from behind the Hans CoCo Palm 100 Hotel upto the Sterling Resort along the beach in Mouza- Sipasurubili in Khata No. 1 & Plot No. 136 and the length and width of this road were 2173 meters and 6 meters respectively.
105. Thus, on a conspectus of facts as they stand, we find that Village/Mouz-Sipasurubili area in question was included in CRZ-II as far back as CZMP 1996 and continues to remain in CRZ-II and we find absolutely no ground for accepting the claim of the Applicant for changing the classification of Sipasurubili area from CRZ-II to CRZ-III or CRZ-IIIB.
106. The Original Application lacks merit and is accordingly dismissed.
107. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ..................................... SAIBAL DASGUPTA, EM Kolkata, September 16th, 2022, Original Application No.74/2021/EZ AK 101