Ch Balamohan vs Union Of India Ministry Of Environment ... on 11 April, 2022
Bench: Adarsh
constructed its
resort in the restricted CRZ-I and CRZ areas in violation of CRZ
Notification, 1991, which was later superseded by CRZ Notification ... fluctuations called Coastal Regulation Zone
(CRZ). It had four categories namely, CRZ-I, CRZ-II, CRZ-III & CRZ-IV.
There were certain restrictions imposed
CRZ
Notifications 2011 are required to obtain prior CRZ clearance from the authorities
concerned.
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(iv). As per the CRZ notification, the State Coastal Zone ... CRZ clearance to such projects.
(b). The activities prohibited and permitted within the CRZ are
expressly declared in the Para 3 of CRZ Notification
CRZ Notifications 2011 are required to obtain
prior CRZ clearance from the authorities concerned.
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(iv). As per the CRZ notification, the State Coastal Zone ... CRZ clearance to such projects.
(b). The activities prohibited and permitted within the
CRZ are expressly declared in the Para 3 of CRZ
Notification
facilities and the like were only
permissible activities in CRZ-III as per CRZ Notification, 2011
vide Para 8 III (iii) (1). However, the project ... taken by them for construction of building in a CRZ Zone
in violation of CRZ Notification, 2011 or whichever notification
applicable during the date
proposed activity falls in
CRZ - A and CRZ - 1B and is not permissible as per CRZ Notification,
2011. A letter dated 01.05.2021 & 26.05.2021, evidenced ... CRZ,Map 2011, the area in question is in CRZ-IA. The CRZ map- 2011 is
annexure-VIII
As per CRZ Notification 2011, CRZ
building said to have been
encroached into the CRZ area for impermissible purpose under the CRZ
Notification, 2011, on the ground that earlier, a show ... mtrs
•Within CRZ I: 1550.202 sq.mtrs
• Within CRZ II: 9778.974 sq.mtrs
•Within CRZ IV: 296.795 sq.mtrs
• Outside CRZ: 10480.025 sq.mtrs
submitted that the project proponent had
approached the Ministry of CRZ clearance under CRZ
Notification, 2011 and the matter was taken up in several
meetings ... Para 4.3 was
added to the CRZ Notification, 2011 as per amendment
Notification of CRZ Notification vide S.O. No.1002 (E) dated
section 9 , traditional coastal
aquaculture activity in CRZ area is separately dealt with.
12. As per CRZ notification, aquaculture activities in CRZ were
prohibited ... from HTL in CRZ area, subject to registration. Even permitted
coastal aquaculture activity has to undergo regulation as per CRZ
Notification, 1991/2011/2019. Section
clearance was
granted is permitted activity under the CRZ-II Zone. Para 3 of
the CRZ Notification, 2011 deals with the prohibited activities
within ... project area falls in CRZ-II
area as per the provisions of the CRZ Notification, 2011.
16. As per order in Original Application