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Showing contexts for: CRZ 2011 in Shri Joseph Antonio Dsouza Alias Joseph ... vs State Of Goa Through The Chief Secretary on 28 August, 2020Matching Fragments
PRESENT:
Hon'ble Mr. Justice Sheo Kumar Singh (Judicial Member) Hon'ble Dr.Satyawan Singh Garbyal (Expert Member) Reserved on: 14.08.2020 Pronounced on: 28.08.2020
1. Whether the judgment is allowed to be published on the net?
2. Whether the judgment is allowed to be published in the NGT Reporter?
JUSTICE SHEO KUMAR SINGH, (JUDICIAL MEMBER)
1. The appellant has filed this appeal with the relief to quash and set aside the impugned Order dated 02.03.2016, quash and set aside the Show Cause Notices dated 07.11.2014 and 31.07.2015, Direct the Respondent No. 4 to constitute the Goa Coastal Zone Management Authority, direct the Respondent No. 5 to order demarcation of the High Tide Line (HTL) uniformly for the entire State of Goa by the competent authority/agency, in terms of the CRZ Notification, 2011, direct the Respondent No. 1 to prepare the Coastal Zone Management Plan (CZMP) for the State of Goa in terms of the CRZ Notification, 2011, direct the Respondent No. 5 to approve the Coastal Zone Management Plan (CZMP) for the State of Goa after ensuring that the same is prepared in accordance with the provisions of the CRZ Notification, 2011, direct the Respondent Nos. 1 to 5 to classify Anjuna village as CRZ-II while preparing the CZMP, direct the Respondent Nos. 1,2,4 and 5 to consider the grant of permission to the Appellants in terms of the CZMP to be prepared under the CRZ Notification 2011, in accordance with law, in the event the said property falls within CRZ area, stay the effect, operation and implementation of the impugned Order dated 02.03.2016, pending the hearing and final disposal of the present appeal, grant ex party ad-interim relief in terms of prayer Clause (i) above, grant such other and further reliefs, as this Hon'ble Tribunal deems fit and proper.
b) That it is submitted that the Coastal Regulation Zone (CRZ) Notification, 2011 was notified on 6th January, 2011 in supersession of the CRZ Notification, 1991 for regulation of developmental activities along the coastal stretches and to ensure the livelihood security to the fisher communities and other local communities, living in the coastal areas, to conserve and protect coastal stretches.
c) That the CRZ Notification, 2011 declares coastal stretches of 500 m from High Tide Line (HTL), the stretch between Low Tide Line (LTL) & HTL and water portion up to 12 nautical miles as Coastal Regulation Zone (CRZ). It also declares 100m or width of the creek and backwater and distance up to which tidal effect of the sea is experienced in rivers, creeks and backwaters as Coastal Regulation Zone.
14. That it is submitted that the Coastal Regulation Zone (CRZ) Notification, 2011 was notified on 6th January, 2011 in supersession of the CRZ Notification, 1991 for regulation of developmental activities along the coastal stretches and to ensure the livelihood security to the fisher communities and other local communities, living in the coastal areas, to conserve and protect coastal stretches.
15. That the CRZ Notification, 2011 declares coastal stretches of 500 m from High Tide Line (HTL), the stretch between Low Tide Line (LTL) & HTL and water portion up to 12 nautical miles as Coastal Regulation Zone (CRZ). It also declares 100m or width of the creek and backwater and distance up to which tidal effect of the sea is experienced in rivers, creeks and backwaters as Coastal Regulation Zone.
19. That the CRZ Notification dated 6th January, 2011, also provides for validity of CZMPs already approved under CRZ Notification, 1991 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.
20. That the Ministry has reviewed the status of preparation CZMPs by the Coastal States/UTs from time to time in the meetings of NCZMA, and asked all the Coastal States/UTs including the State Government of Maharashtra, to expedite preparation of CZMPs under the CRZ Notification, 2011. It may be informed that except UT of Lakshadweep, which has prepared the IIMPs under IPZ Notification, 2011 for ten identified islands, no other Coastal State/ UT has prepared the CZMPs as per the CRZ/IPZ Notification, 2011. Taking this into account and considering requests of the States/UTs, validity of approved CZMPs has been extended on yearly basis, starting from 31st January, 2014 and now valid up to 31st January, 2017.