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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.

(viii). In accordance with the provisions of the sub-clause

(d) clause (iv) of Para 3 of CRZ Notification, 2011, the structures for prevention of salinity ingress or measures to prevent the sand bars, installation of tidal regulators are permissible activity, based on carried out by any agency specified by MoEF&CC and needs to be regulated in accordance with the provisions of Para 4 of CRZ Notification, 2011. Thus the said activity requires prior permission / clearance from the competent authority before the commencement of the activity. Para 4.2 of CRZ Notification, 2011 prescribes the procedure for clearance of permissible activities attracted under this notification.

(ii) The Joint Committee relied upon the following statutory provisions of the CRZ Notifications:
(a). Coastal Zone Management Plan (CZMP) framed to the CRZ Notification, 2011 be revised / updated by the Tamilnadu State as per the provisions of the CRZ Notification, 2019. 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.

Thus, setting up of structures for prevention of salinity ingress is permissible activity under CRZ Notification, 2011. However, prior permission under the CRZ Notification, 2011 is required before commencing such a project, even if it is permissible activity.

(c). Para 4 of CRZ Notification, 2011 prescribes for the regulation of permissible activities in CRZ area except those activities prohibited in para 3 of the Notification. Further, it requires prior permission / clearance from the competent authority before the commencement of the activity.

13. According to the Public Works Department (PWD) Engineer, there is no violation and CRZ and the check dam construction is 800 meters away from the HTL and the location does not come under the CRZ zone as per the map available in the District Coastal Zone Management Authority.

14. According to them, Coastal Zone Management plan (CZMP) in respect of Tamil Nadu on the basis of CRZ Notification, 2011 was approved only on 24.10.2018. But this G.O was issued on 24.08.2018. But it may be mentioned here, that the authorities have lost sight of the legal aspect that even if the Coastal Zone Management Plan (CZMP) has not been approved on the basis of CRZ Notification, 2011 but they will have to go by the existing CZMP namely Coastal Zone Management Plan of 1996 and it was approved on the basis of the earlier CRZ Notification, 1991 and the areas will have to be fixed on the basis of the Coastal Zone Management Plan (CZMP), though in tune with CRZ Notification, 2011.