Draft CZMP maps require ground truthing for omissions, full feature inclusion per CRZ 2019 before public hearings to protect coastal ecology and livelihoods.

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The fishermen community represented by the first applicant and the second applicant himself being a member of the fishermen community have challenged the draft Coastal Zone Management Plan (CZMP) Maps uploaded by the respondent authority on the website of the Department of Environment. 2. It is alleged that the 105 Maps uploaded for the districts of Chengalpattu, Cuddalore, Kanyakumari, Mayiladuthurai, Nagapattinam, Pudukkottai, Ramanathapuram, Thanjavur, Thiruvaur, Thoothukudi, Tirunelveli and Villupuram are incomplete, as they do not even have all the necessary components marked in the maps.

3. It is alleged further that the fundamental components like fishing zone in the water bodies and fishing village boundaries, breeding and spawning grounds of fish, common properties of the fishermen community, and detailed plans for long-term housing needs of coastal fishing community are not earmarked on any of the 105 CZMP map sheets uploaded. The map also had not marked the existing authorized developments on the seaward side which would result in frustrating the identification of future violations. The ecologically sensitive features like sand dunes, turtle nesting grounds, seagrass beds, sanctuaries, and reserve forests have also not been marked.

4. It is further alleged that no written plan has been published and only a generic document stating the contents of the CRZ Notification is published. There is also no specific long- term housing plan for coastal fishermen which is an essential component considering the threat of climate change induced sea level rise. The difference between the previous map and the present map is not distinctly marked for easy understanding. Though 1:4000 scale maps have to be uploaded for scrutiny, only 1:25000 scale maps have been prepared and uploaded for comments. Finally, erosion zones have not been marked despite directions from this Tribunal in O.A. No.04 of 2013 (SZ).

5. This is not the first occasion or litigation relating to the preparation of the CZMP. There were challenges earlier before this Tribunal as well as before the Hon’ble High Court.

6. The Central Government, with a view to ensure the livelihood, and security of the fishermen communities and other local communities living in the coastal areas, to conserve and protect the coastal stretches, its unique environment and its marine area and to promote development through sustainable manner based on the scientific principle taking into account the dangerous of the natural hazards in the coastal area, sea level rise due to global warming, issued the CRZ Notification, 1991 vide S.O. 114 (E) dated 19.02.1991. These regulations are issued to strike a balance between economic growth and environmental conservation.

7. By implementing these regulations, the countries can safeguard fragile ecosystems. The first CZMP was prepared based on the 1991 Notification in the year 1996 and the same was approved on 27.09.1996. Subsequently, the CRZ Notification, 1991 was superseded by CRZ Notification, 2011 in S.O. No.19 (E) dated 06.01.2011. Clause (5) of the CRZ Notification, 2011 provides for the preparation of the CZMP. Thereafter, the said CRZ Notification, 2011 issued in S.O. 19 (E)dated 06.01.2011 was superseded, except as respects things done or omitted to be done before such supers