that all mangroves irrespective of area will fall
in CRZ-I as per CRZ Notifcation 2011.
30. Mr. Khambata submits that paragraphs ... area will fall
in CRZ-I as per both the CRZ notifcations of 1991 and
2011;
(iv) In 1991 CRZ notifcation, it is provided that
environmental and CRZ
clearances for the permissible projects/activities listed therein.
In supersession of the CRZ Notification, 1991, CRZ Notification,
2011 was notified ... experienced in rivers, creeks and back waters as CRZ. The CRZ
Notification 2011 provides details for classification of CRZ areas.
The Notification also provides that
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 ... CRZ clearance to such projects.
(b). The activities prohibited and permitted within the CRZ are
expressly declared in the Para 3 of CRZ Notification, 2011
CRZ clearance to such projects.
(b). The activities prohibited and permitted within the
CRZ are expressly declared in the Para 3 of CRZ
Notification, 2011 ... conclusion, that there is violation of
CRZ Notification and without complying with the
provisions of the CRZ Notification, 2011, the activity
should not be proceeded
CRZ Notification was
superseded by CRZ Notification issued on 6 January 2011 (2011 CRZ
Notification), under which the distance from HTL for applicability of
CRZ ... fall within the CRZ area under the 2019
CRZ Notification and that therefore CRZ restrictions prescribed in the
2019 CRZ Notification are inapplicable
CRZ Notification was
superseded by CRZ Notification issued on 6 January 2011 (2011 CRZ
Notification), under which the distance from HTL for applicability of
CRZ ... fall within the CRZ area under the 2019
CRZ Notification and that therefore CRZ restrictions prescribed in the
2019 CRZ Notification are inapplicable
drawn to the CRZ Notification,
2019 which clearly provides that the said CRZ Notification was
issued in supersession of CRZ Notification, 2011. Accordingly,
his submission ... that the CRZ Notification, 2019 clearly states that it has
been issued in supersession of the earlier CRZ Notification,
namely, CRZ Notification, 2011
cost : 1 Crores
CRZ of the area : The area is in CRZ II.
Provisions of CRZ : As per CRZ notification, 2011 Clause 8 II
Notifications ... shown in application for CRZ
approval by KCZMA after publication of the
CZMP as per CRZ Notification 2011.
xxxxxxxxxxxxxxxxx"
18. Exhibit
Tribunal erroneously considered the definition
of CRZ-II as mentioned in CRZ Notification 2019, instead of CRZ
Notification 2011. CRZ Notification ... within CRZ-II areas
shall require prior CRZ clearance from the Competent Aurhority as per
the existing norms of the CRZ Notification, 2011
Brackish Water Research Centre vs State Of Gujarat on 3 August, 2018
Bench: M.R
