BEFORE THE HONOURABLE SPECIAL COMMITTEE
FOR RECONSIDERING THE CRZ NORMS AND TO
FORM THE COASTAL ZONE MANAGEMENT PLAN
Subject:- Rectification of anomalies in Coastal
Regulation Zone Notification 2011.
Reference:- CRZ Notification 2011 published in Gazetter of
India, Extraordinary, Part-II, Section 3, Sub
section (ii) of date 6th January 2011- Ministry of Environment and
Forests.
G O No. C 4-9393/13- - Local
Self Government Department – Dated 18.8.14
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This representation is
submitted before you, to bring your attention towards the hardships being faced
by the Kerala Coastal community in General and Latin Catholics in Particular
pursuant to the implementation of CRZ Notification 2011 (Coastal Regulation
Zone Notification 2011).
Obviously, the CRZ
Notification was drafted by the Central Government, with a view to ensure
livelihood security to the fisher communities and other local communities,
living in coastal areas, to conserve and protect coastal stretches, its unique
environment and its marine area and to promote development through sustainable
manner based on scientific principles taking in to account the dangers of
natural hazards in the coastal areas, sea level rise due to global warming and
restricts the setting up and expansion of any industrial operations.
Though the Notification was
with the above said intentions, it resulted in making the lives of Coastal
Community in Kerala extreme pathetic. Even the construction of residential houses
are banned as per the Notification and the Coastal people cannot use their
traditional piece of land accordance to their wish. We hereby point out certain
anomalies in the Notification which needs immediate attention and interference
warranted from your part.
The anomalies
As
per section 7 of the Notification, CRZ
areas are classified in to CRZ I, CRZ II, CRZ III, CRZ IV & Areas
requiring special consideration (CRZ V).
In
Kerala, all Panchayaths are classified in CRZ III. No construction is possible up
to 200 mts from HTL on the landward side in case of seafront and 100 mts along
tidal influence water bodies or width of creek whichever is less to be
earmarked as No Development Zone. Therefore, even a small house cannot be
constructed in this area and the traditional plots owned by the coastal
communities cannot be used for constructing their homestead and the right to
home is denied.(section 8(i)(III)
Whereas,
the Corporation and Municipal areas are classified in CRZ II, wherein the
buildings shall be permitted only on landwards side of the exiting road, or on
the landward side of existing authorized structures.(section 8 (i)(II)
At
the same time, a special category is included as “CRZ for Kerala” and it was
notified that, all the islands in backwaters of Kerala shall be covered under the CRZ notification. 50 mts from the
backwaters are treated as CRZ area an no new construction is permitted; except
the repair or reconstruction of existing dwelling units of local communities.(section
8(i)(V)(2).
Taking
account of the circumstances, Kerala need more relaxations in construction of
dwelling houses. And therefore, necessary amendments are to be incorporated in
the CRZ Notification 2011 so as to enable the house construction of common man,
without any hindrance.
Right to Home
The
above said provisions are against the right to home of coastal communities.
They cannot construct even a small dwelling unit in their traditional plot if
it falls under this CRZ area. Infact, the intention of the Notification was to
protect the coastal area and people, this kind of restriction to dwelling units
turned this notification as nightmare to the coastal folk. They cannot use
their plots for any useful purpose and there is no market value for such land.
The Coastal people are deprived of all Government Schemes and benefits for
house construction since their plot is in CRZ area.
Amendment sought
In
order to rectify the above mentioned anomalies, we kindly request you to amend
the Notification so as to enable coastal people a decent living, by protection
their right to home.
1. Amend
the clauses in section 8 (i)(II) and section 8(i)(III so as to enable the
Construction of residential homes in the CRZ II and CRZ III, especially among
the side of backwaters and protect the right to home of people in coastal area
in Kerala.
2. Include
all Islands in Kerala under CRZ II category. (So as to enable the constructions
towards the landward side of the proposed or existing road or numbered
structures)
3. Direct
the State Governments to withdraw the Government Orders and Circulars issued
for the strict implementation of CRZ Notification and do not disturb the
already issued building numbers.
4. Include
special housing schemes and projects for thickly populated area in Kerala
without any CRZ restrictions. Permit the house constructions of at least 2000 Sq Feet.
5. The small
streams, canals and such water bodies which are influenced by tidal water are
now included in CRZ; it need to be amended. Small streams etc with less than 20
metre width need to be excluded from CRZ.
6. Taking account
of the density of population, construction towards the landward side of the
existing structures need to be permitted.
Proposal submitted by
Sherry
J Thomas, Advocate,
19-8-2014 Infant
Jesus Building, Banerjee Road,
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