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COASTAL
REGULATORY ZONE:
CRZ
I CRZ
II CRZ
III 1. Coming next month: brand new coastal rules, The Hindu dated 29/12/04. According to experts, if CRZ had been implemented in letter and spirit, there wouldn't have been so many people so close to the sea - unprotected, exposed to the waves. CRZ rules are also meant to ensure a ``natural line of defence'' - mangroves, corals and sand dunes. 2. Mangroves face axe and fire across city, The Mid Day dated 31/12/04 Navi Mumbai is built on reclaimed land. So how does it matter if a little more is reclaimed by chopping and burning mangroves? 3.
‘Tsunami underlines importance of CRZ’, The Mid Day dated
2/1/05 4. Sand mining threatens Kollam coast, ndtv.com dated 3/1/05 Local people along the Kollam coast claim the large-scale sea sand mining is part of the reason why the tsunami caused such devastation along the coastline. 5. 'Unrealistic' CRZ Act responsible for tsunami destruction, Deccan Herald dated 6/1/05. In reality, Ministry officials said, little of the 6,000 km-coastal belt is free of human habitation or structures. “This is due to the fact that the livelihood of the surging population in the coastal area is sea-dependent, whether it is the low-income group fisherfolk or the middle-income group tourism-related people. Of these two categories, the fisherfolk have been living in the CRZ for centuries,'' the officials added. 6. HC notice to Centre, State on coastal rehabilitation, The New Indian Express dated 12/1/05. Now, under the guise of rehabilitation of the victims of the December 26 tsunami, constructions are proposed in the No-Development Zone, putting the life of the people again in danger. 7. Post-tsunami they dread the sea, outlookindia.com dated 13/1/05 The fishermen, who were the most vocal against the government restrictions on habitations within 500 metre of the sea shore, are now the most willing to shift their homes as far away from the sea as possible 8. Huge loss could have been averted if law was properly implemented, uniindia.com dated 13/1/05. The Coastal Regulation Zone Notification 1991 clearly prohibits any kind of development or construction up to a distance of 500 m of the High Tide Line on the coast but this was not effectively adhered to by authorities, prominent environmentalist lawyer Raj Panjwani said. 9.
To Save the Coast, by Lyla Bavadam, The Frontline dated 11/2/05
1. Coming next month: brand new coastal rules, The Hindu dated 29/12/04.
This committee, headed by agriculture scientist M S Swaminathan, was set up in July this year to review existing Coastal Regulation Zone norms notified in 1991. Their final report is expected next month. Nothing would have shown the enormity of their task than Sunday's disaster. For, the existing CRZ rules are almost always followed in the breach. Because they are flagrantly violated, the committee was asked to review it and now with the unprecedented death toll - speculated at 8000 by Tuesday night - it's taking a whole new look. The Coastal Regulation Zone norms of 1991 seek to regulate human activity within 500 m from the coast. It divides the entire coast into four zones depending on the density of population and the development already existing there. In Zone 1 fall the most sensitive areas with mangroves and corals. Here, no development is allowed within 500 metres of the coast. Zone 2 is towns and cities where buildings are already touching the sea. Zone 3 includes undeveloped areas and tourist places where permission is allowed on a case-to-case basis in a band up to 200 m from the sea. Zone 4 is area like Andamans and Lakshwadeep. According to experts, if CRZ had been implemented in letter and spirit, there wouldn't have been so many people so close to the sea - unprotected, exposed to the waves. CRZ rules are also meant to ensure a ``natural line of defence'' - mangroves, corals and sand dunes. ``Tsunamis have been rare but a wall of water hitting the coasts in the form of cyclones has always been a reality. The Swaminathan committee is going to keep all this in mind,'' said Prodipto Ghosh, Secretary, Ministry of Environment and Forests. ``This event will not hasten anything. We want a solid, science-based report since the first time around, there was also a lot of shooting from the hip,'' he added. CRZ norms have been so controversial that they have occupied many hours in high courts of every state with a coastline and the Supreme Court. The Swaminathan committee will review the CRZ notification ``in the light of the findings and recommendation of all previous committees, judicial pronouncements, representation of stakeholders and interest groups.'' These groups include fisheries, tourism, harbours and port authorities. Arrayed on the other side are NGOs who have been pointing at wide scale violations, not just by private operators but also state governments, making Indian coasts a veritable battleground. Though Swaminathan is not ready with the report yet, he has indicated that there will be a plan to regenerate mangroves and natural sand dunes. For example, the mangroves in Pichavaram and Muthupet region in Tamil Nadu acted as shields and protected traditional communities. But in Alappuzha and Kollam, where there is illegal sand mining, devastation has been more widespread. CRZ has never really been implemented fully with violations beginning as soon as the notification became law. Construction was done in the ``no development zone'' and groundwater was illegally tapped specially by resorts and industries. In 1994, the CRZ's most stringent norms were relaxed by the Ministry of Environment and Forests in an amendment to the notification. The NGOs went to Court and it was restored. The states saw it as a Federal encroachment to their laws. States were to come out with their Coastal Management Plans which they delayed till the Supreme Court ordered them in 1996. ``Now most states including Tamil Nadu have submitted their plans but these take a long time to implement considering the scale of development that has already taken place,'' said Ghosh. Lobbies have often fired from the shoulders of fisherfolk saying that CRZ prevents them from earning their livlihood. Now they have rallied behind the CRZ. ``We want it to be implemented properly with proper monitoring,'' said a spokesperson from International Collective for Fishworkers based in Chennai. 2.
Mangroves face axe and fire across city, The Mid Day dated 31/12/04 Navi Mumbai is built on reclaimed land. So how does it matter if a little more is reclaimed by chopping and burning mangroves? That’s the logic behind the zillions of construction projects underway across the city, many of them planned on plots that would have qualified as no-development zones a couple of years ago. But with changing demands, rules change or rather they are eased. A classic example is Palm Beach Road. Navi Mumbai’s answer to Mumbai’s Queen's Necklace was also an answer to developers’ prayers for space to build. According to Coastal Regulation Zone (CRZ) guidelines, there can be no construction within 500 metres of the high tide level. But there’s a loophole: if a road stands between the high tide level and the construction, the 500 metres guideline becomes redundant. It’s more than just a coincidence that the Palm Beach Road was inaugurated in 2000-01 and within a few months, construction of 15 to 20 towers began. For example, about eight years ago, Sagar Darshan and Sea Breeze (projects by Marathe Builders) were stuck in a legal case because the structures violated CRZ guidelines. But once Palm Beach Road was constructed, the projects were cleared and now 40 such towers are being constructed. Says CIDCO’s chief architect and planner DP Samant, “The left hand side of Palm Beach Road comes under CRZ II, which means it can be reclaimed. The right hand side is CRZ I, which we will preserve. It’s a no development zone,” he says. NMMC’s city engineer Mohan Dagaonkar admits that most of the land that now comes under CRZ II was earlier classified as CRZ I or beyond the reach of builders. “Mangroves can be reclaimed as long as there is permission from the government. The reclamation of land on the left hand side of Palm Beach, Nerul and CBD has government approval,” he says. However Samir Mehta, a member and activist of Bombay Environment Action Group, disagrees. "There is no point arguing which side of Palm Beach Road is CRZ I and which side is CRZ II. The fact is that Palm Beach Road and all the buildings along the road violate the CRZ rules. The road is illegal. The government is debating its status,” say Samir Mehta, a member and activist of Bombay Environment Action Group. But Samant insists that the road is legal. “We only destroyed a small patch of mangroves to build Palm Beach Road. The road has government approval,” he says. While environmentalists and CIDCO debate the legal status of Palm Beach Road, small bylanes are coming up off Palm Beach Road to the right (which is currently a CRZ I area). If the past is anything to go by, it may not be long before a pucca road is constructed there and the area is re-classified as CRZ II.
3. 'Tsunami underlines importance of CRZ', The Mid Day dated 2/1/05 4. Sand mining threatens Kollam coast, ndtv.com dated 3/1/05 NDTV Correspondent Monday, January 3, 2005 (Kollam): The tsunami disaster in the Kollam district of Kerala has shown just how vulnerable people living along the coast really are. It has also brought into focus issues like indiscriminate sea sand mining and violations of the Coastal Regulation Zone. Local people along the Kollam coast claim the large-scale sea sand mining is part of the reason why the tsunami caused such devastation along the coastline. Over 120 people were killed in the 22 km Kayamkulam-Neendakara stretch where two public sector sand mining units are currently operating. "Sea water is entering the mainland. There is no sea wall in the area and sand mining has made this place very weak," said Thomas, a local. Environmental hazard The indiscriminate and massive sea sand mining taking place in the area is said to be one of the major reasons why the Kollam coast is so prone to natural disasters like the tsunami waves and sea storms. Even Prime Minister Manmohan Singh during his recent visit to Kerala called for caution when asked about sea sand mining. "We have to pursue a development strategy which is environment friendly which does not harm the natural support system," the Prime Minister said. Striking a balance But the public sector units say their activities are government-approved and it has in no way caused any destruction in the area. According to them the rate of erosion here is less than other places. The government however now says it will speed up its environment impact assessment study in the area. "We had decided to have a competent study by a proper organization conducted and environment impact assessment that was being organized when this calamity struck. So we will go ahead with organizing that study and look at what impact that can have," said Babu Jacob, Chief Secretary. The 22 km coastal stretch contains 62 million tonnes of illeminite, making it the single largest and richest deposit of this mineral in the world. Clearly the Kerala Government will have to strike a fine balance between economics and environmental protection while taking a decision. 5. 'Unrealistic' CRZ Act responsible for tsunami destruction, Deccan Herald dated 6/1/05. NEW DELHI: Two Central ministries and the Housing and Urban Development Corporation (HUDCO) that deal with housing policy and habitat have blamed the “unrealistic'' Coastal Regulation Zone (CRZ) Act, 1991, for the lives and homes lost to the tsunami. According to the Ministries of Urban Development and Poverty Alleviation, the CRZ needs to be “revisited'' in light of the death and destruction that has rendered thousands homeless. “The death toll would not have been so alarming, if construction and habitat in the coastal zone followed basic rules. It is high time for a reality check and CRZ is revisited,'' said HUDCO CMD, Dr P.S. Rana. Apart from pledging Rs 2,000 core to the tsunami-affected, the Government-owned HUDCO will draw up plans to provide the homeless of Tamil Nadu, Andhra Pradesh and the Andaman and Nicobar islands with a “better habitat''. HUDCO had designed the disaster-resistant, low-cost housing for the quake and cyclone-affected of Gujarat and Orissa. The CRZ specified that, “the design and construction of building shall be consistent with the surrounding landscape and local architectural style''. The CRZ also says that no new construction is permitted between 200 and 500 metres of the coastal zone, on the High Tide Line. At times, however, State Governments, with the Environment Ministry’s prior approval, on a case-by-case basis, give a clearance. In reality, Ministry officials said, little of the 6,000 km-coastal belt is free of human habitation or structures. “This is due to the fact that the livelihood of the surging population in the coastal area is sea-dependent, whether it is the low-income group fisherfolk or the middle-income group tourism-related people. Of these two categories, the fisherfolk have been living in the CRZ for centuries,'' the officials added. The CRZ makes allowances for fishing villages, but not the illegal hotels and resorts that came up before CRZ was enacted. This has been a bone of contention between the Environment and Tourism ministries. When construction is done within a legal framework, it takes into account environmental and climatic conditions, unlike illegal or makeshift structures, the officials said, pointing out that ports in the tsunami-affected areas have remained intact. “This could be one of the reasons for the massive death toll. Though timely evacuation is certainly the best remedy, one cannot neglect the issue of housing or habitat or illegal constructions along the coast,'' the officials added. “Even the hutments of the fisherfolk can be designed and located in a manner that safeguards their lives without affecting their livelihood,'' said senior HUDCO architect Padma Kumar, who admitted that it is difficult to design a habitat that can withstand the onslaught of a tsunami. Kumar has designed the post-quake and cyclone-resistant housing in Gujarat and Orissa. Indications are that the HUDCO team will be designing the rehabilitation package, from realty to housing, for the tsunami-affected coastal population. Meanwhile, in the wake of the tsunami, the Maharashtra Government's appeal to the Environment Ministry via the Planning Commisssion, to allow 65 per cent of Mumabi's slum population to be shifted to 252 sq km of CRZ land around the city, might be struck down. The Manmohan Singh Government seems ready to take a harder look at the CRZ, for its long-term benefits. The CRZ issue was discussed at the Cabinet meeting called right after the tsunami struck, though the focus was on relief measures. 6.
HC notice to Centre, State on coastal rehabilitation, The New Indian Express
dated 12/1/05 According to the petitioner, the Association of Environment Protection, Aluva, represented by its secretary S Seetharaman, restriction on construction within 500 metres has been fixed by the Legislature taking into consideration the dangers associated with disasters like tsunami. The area of 200 metres has been declared as ‘‘No-Development Zone’’ for the sole reason that it is always dangerous. Now, under the guise of rehabilitation of the victims of the December 26 tsunami, constructions are proposed in the No-Development Zone, putting the life of the people again in danger, the petition said. The State Government was of the opinion that it was impracticable to implement the norms in the thickly populated coastal areas of the State. The State has asked the Centre to bring down the 200-metre limit to 50 metres for constructions not exceeding 35 sq m, it said. The stand of the State is illegal and contemptuous, alleges the petition. The Central Government cannot bring down the distance rule in view of the judgement of the apex court by which an amendment brought out as per notification dated August 18, 1994, was found to be arbitrary. This aspect has been conveniently ignored while declaring the rehabilitation. Neither the Kerala Government nor the Kerala Coastal Zone Management Authority (Kerala-CZMA) has taken steps to implement the CRZ notification in its letter and spirit. The Kerala-CZMA was constituted on January 4, 2002 for the period of three years. The said period lapsed on January 4, 2005. A permanent Coastal Zone Management Authority with proper persons is a requisite so as to implement the provisions of the CRZ Notification, the petition said. 7. Post-tsunami they dread the sea, outlookindia.com dated 13/1/05 RITUPARNA
BHOWMIK KARAIKAL (PONDICHERRY) 8. Huge loss could have been averted if Law was properly implemented, uniindia.com dated 13/1/05 by Indiwar Parijat New Delhi, Jan 13 (UNI) The devastation caused by the december 26 tsunami could have been much less had the law seeking to keep the coasts free from human interference been strictly enforced, leading environmentalists feel. The Coastal Regulation Zone Notification 1991 clearly prohibits any kind of development or construction up to a distance of 500 m of the High Tide Line on the coast but this was not effectively adhered to by authorities, prominent environmentalist lawyer Raj Panjwani said. Had the law been followed, human activity near the coast would have been minimal. If such areas were thinly populated, it would have allowed rich growth of natural vegetation. This would have provided cushion against the giant waves and a lot of precious lives and valuable property could have been spared the nature's fury, he told UNI. However, various State Governments concerned had instead been constantly putting pressure on the Centre to dilute the law, made under the Environment Protection Act, to allow development or construction near the coast on some pretext or the other, he pointed out. As a result, the legislation has been amended about a dozen times and confusion prevailed over the law to the followed in this regard, he added. Echoing Mr Panjwani's sentiments, Reader with Delhi School of Economics' Department of Geography R B Singh said India was yet to adopt the 'Integrated Coastal Zone Management' plan promoted by the UNESCO in its national disaster management policy. The stategy to mitigate coastal disasters should be strictly implemented by amending state land use acts, Mr Singh, who is also the Convener of a Disaster Studies Research Group, said. 9. To Save the Coast, by Lyla Bavadam, The Frontline dated 11/2/05 WHEN
fisherman Poysha Tandel throws a few grains of rice overboard before having
his meal, it is an acknowledgment of the symbiotic relationship that exists
between him and the environment. "When you get something from nature,
you must also give back," says this practical environmentalist. |