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NITIN JAMDAR, S. MANU
Kerala Coastal Zone Management Authority – Appellant
Versus
P. M. Sukhilesh – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
The learned Single Judge, by the judgment dated 12 November 2020, quashed the permission granted by the Coastal Regulation Zone Authority to the Dharmadam Grama Panchayat to construct a public crematorium in a mangrove area. Despite the site lying in dense mangroves, Dharmadam Grama Panchayat has made a series of attempts to use it for a public crematorium. These Appeals filed under Section 5 of the Kerala High Court Act are an extension of the same effort, now joined by the Kerala Coastal Zone Management Authority.
2. Twenty cents of wetland in Re-Survey No. 4/3A in Dharmadam Village, Kannur District, contains a mangrove forest and falls under the Coastal Regulation Zone (CRZ) due to its ecologically sensitive and geomorphological characteristics. This land is owned by the Dharmadam Grama Panchayat. The Panchayat intends to construct a crematorium on the aforementioned land. For this purpose, it seeks to reclaim the land. Petitioner’s case is that the Panchayat is proceeding to do so despite the prohibitions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act of 2008), and the Coastal Regulation Zone Notifications issued by the Govern
Construction in ecologically sensitive CRZ I areas is prohibited, reaffirming the precedence of environmental protection laws over local development interests.
A permit for construction cannot be denied based solely on distance regulations if prior approvals were given without compliance to newer guidelines, highlighting the importance of proper land classi....
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
Point of law: Basis of categorisation of projects and activities under the EIA notification lies in the expanse of the built-up area of the proposed project.
A previous NGT decision affirmatively stated that land inhabited by slum dwellers cannot be legally categorized as a Garden, thus affecting CRZ application for redevelopment proposals.
Legislature intended to create a specialist body in the form of National Green Tribunal to consider the validity of orders granting or rejecting applications for EC. The remedy of an appeal with the ....
GCZMA's failure to reconcile historical refusals with current approvals undermines the legal basis for constructions in CRZ areas, highlighting the necessity for adherence to coastal regulation guide....
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