The Southern Bench of the National Green Tribunal has directed the Ministry of Environment and Forests, the Government of India, and the Tamil Nadu government to conduct the necessary technical study to revise the Coastal Zone Management Plan approved as per the 2011 notification and refix the CRZ areas in urban and legally designated areas.
The directions came in a case relating to a housing project in Marakkanam for development of layout and resorts and 545 housing plots for residential purposes. While setting aside the CRZ clearance granted to the project in 2019, the Bench said it was evident that the area was wrongly classified as CRZ-II and that there appeared to be truth to the allegations that sand dunes that were in existence at the site were destroyed before preparation of the present Coastal Zone Management Plan (CZMP).
The Bench directed that pending revision of the CZMP, the district and State Coastal Zone Management Authorities physically inspect and be satisfied about the fulfilment of stipulated conditions to classify an area as CRZ-II.
“We are of the view that it is within the purview of the State Government to revise the CZMPs and place it before MoEF&CC in terms of Clause 5 of the CRZ Notification and it is the bounden duty of the authorities to preserve the sea environment including dunal ecosystems,” the bench said
The Bench directed the additional Chief Secretary, Environment and Forest Department, Government of Tamil Nadu, to supervise the revision of the CZMP and ensure that the work was completed at the earliest but not later than six months from the date of receipt of the order.
