JUDGMENT

Petitioner owns 2 hectares and 62.2 Ares of land in Mulavukad Village in Ernakulam District. In the revenue records, the land of the petitioner is shown as “Nilam”. The land of the petitioner is being used for cultivation of Pokkali, a saline tolerant rice variety and also for aquaculture, making use of the water in the adjoining water body. In the Coastal Zone Management Plan prepared by the State Government pursuant to the Coastal Regulation Zone Notification, 2011 issued under the Environment (Protection) Act, 1986, the land of the petitioner falls under CRZ-IB Zone, namely the lands falling within the High Tide Line and Low Tide Line. It is stated by the petitioner that her land has been brought under CRZ-IB Zone solely based on satellite pictures, as having regard to the purpose for which the land is being used, the land would appear to be a water body in the satellite pictures. The petitioner admits that tidal water would flow in her land, but she states that the flow of tidal water into the land is regulated by constructing a bund and sluice. According the petitioner, when tidal water does not flow naturally to