Indian Kanoon - Search engine for Indian Law

(iv) that the distance from HTL in respect of small islands is required to be decided based on case to case study; (v) that the land of the appellant falls under Category IV and hence, in the absence of any special demarcation of small islands, none of the restrictions can apply; (vi) that CZMP for Kerala under the 1991 Notification was prepared in a haphazard and hasty  manner; (vii) that KCZMA was constituted by a notification dated 26.11.1998, with a mandate to formulate area­specific management plans, but no such plans were formulated; (viii) that in the absence of any area­specific criteria for determination of CRZ, the 1991 Notification is not applicable to backwater islands; (ix) that Annexure I of 1991 Notification classifies small islands as falling under Category IV, and CRZ II and CRZ III relate only to areas distinct from islands; (x) that since the average width of the backwater island where the appellants had completed construction, is only 20­60 meters, the extension of the restriction relating to Category III will be violative of the right conferred under Article 300A; and (xi) that even if the 1991 Notification applies to small islands, Annexure I of the Notification specifically requires HTL to be ascertained depending upon the size of the islands based upon Integrated Management Study, but the same has not been carried out.