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G. It is also pertinent to note that CRZ notification 2011 dated 06-01-2011 was issued superseding the CRZ Notification 1991. Coastal Zone Management Plan, 2011 has been issued under CRZ Notification, 2011, which was in force at the relevant time of Exhibits P4 and R9(c). H. It is further submitted that as per Ext. R9(c) the 4 th respondent authority has took a final decision regarding existence of the road in between the construction and lake that if there is a road in the Coastal Zone Management Plan, 2011 it is authorized.

A. It is submitted that the above writ petition has been filed as a Public Interest Litigation, inter alia, seeking to quash Exhibit-P4 clearance issued by the Kerala Coastal Zone Management Authority - respondent No.4. The petitioner has an alternate remedy of approaching the National Green Tribunal, and therefore, the subject writ petition is not maintainable. Further, the petitioner has not established any habitat loss or ecological damage/ destruction, while issuing Exhibit-P4, in order to maintain the instant writ petition on larger public interest. B. It is further submitted that pursuant to the decision taken at the United Nations Conference on the Human Environment held at Stockholm in 1972, the Parliament, in order to provide provisions for protection and Improvement and for connected matters, enacted the Environment (Protection) Act, 1986 (the Act for brevity). Section 3(2)(v) of the Act provides that the Central Government shall have power to take all such measures as it deems necessary and expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, including to impose restrictions of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. C. It is further submitted that in exercise of the powers under the Act, Government of India as per Notification S.O.114(E) dated 19.02.1991 published in the Gazette of India dated 20.02.1991, imposed prohibitions/restrictions on the location of an industry or on the carrying on or of processes and operations on the coastal stretches of seas, bays, estuaries, creeks, rivers, and backwaters, which are influenced by tidal action, and certain restrictions were imposed on the setting up and expansion of industries, operations, processes, etc., in the said Coastal Regulation Zone (referred as CRZ, for brevity). On the basis of the above CRZ 1991 Notification, Coastal Zone Management Plans (CZMP, for short) were prepared demarcating the High Tide Line (HTL for short) and were approved in 1996. D. It is further submitted that Government of India, in suppression of CRZ 1991 Notification, declared certain areas as Coastal Regulation Zone and imposed certain restrictions on the setting up and expansions, operations or processes and the like in CRZ, by Notification S.O.19(E) dated 06.01.2011 (hereinafter referred to as the CRZ 2011 for brevity). Coastal Zone Management Plans (CZMPS) under CRZ 2011 were prepared and approved by the Government of India on 28.02.2019.
E. It is further submitted that CZMP under CRZ 2011 is applicable in the case on hand. As per CZMP under CRZ 2011, land in Survey No. 843 of Ernakulam Village is in CRZ II.
F. It is further submitted that the Secretary, Corporation of Kochi Municipal Corporation, as per letter No. MOP1/24629/2019 dated 17.01.2020 forwarded an application for CRZ clearance for construction of Assembly building (T.K.R Cultural Centre), which was received in the office of the 4th respondent. In the approved plan, it is shown that 12 metres wide road is present between HTL of the lake and proposed building. G. It is further submitted that the above application was discussed in the 107th meeting of the KCZMA held on 26.02.2020 and that, the KCZMA, as per decision No. 107.03.08, granted clearance, since the proposed construction falls in CRZ II and lies on the landward of existing road subject to the following conditions:

J. It is further submitted that as per CRZ Notification 2011, construction of new building or reconstruction of an existing building is permissible on the landward side existing road or on the landward side of existing authorised structure. As per Clause 8.II (ii) of CRZ 2011, buildings permitted on the landward side of the existing and proposed roads or existing authorised structure shall be subject to the existing local town and count planning regulations, as modified from time to time, except the Floor Space Index or Floor Area Ratio, which shall be as per 1991 level. For the foregoing reasons, 4 th respondent prayed for dismissal of the writ petition.