There is no SILENCE; but the voice is UNHEARD. This blog aims to update the social and legal views of the blogger. Mail: sherryjthomas@gmail.com Call @ 9447200500
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Thursday, January 6, 2022
CRZ -Sluice Gate -HTL Amendment-പൊക്കാളി പാടങ്ങൾ - വേലിയേറ്റ രേഖ
CRZ -Sluice Gate -HTL Amendment-പൊക്കാളി പാടങ്ങൾ - വേലിയേറ്റ രേഖ
Monday, January 3, 2022
Change in Occupancy - Denial of certificate - CRZ - NDZ Area - Legality
It is an admitted fact that, no new constructions are permissible in NDZ of CRZ III areas (Panchayaths). However, the repairs or reconstruction of existing authorised structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification are permissible. These wordings are from 2011 notification.
Therefore, on a plain reading, if the activities are not within in the permissible list, whether the repair or reconstruction is possible ?
Or the change in occupancy of an existing building is possible for running of a business in the said building situated in CRZ area ?
These questions are answered negatively by the decisions of KCZMA even in case of home stay, which is a permissible activity as per 2019 Notification. The said decision is uploaded as image file.
It is an an admitted fact that the existing legally valid structures are not affected by CRZ Notification. The first Notification was in 1991. An existing building during those time is not affected by NDZ. But is it possible to repair or reconstruct it if it is to use for a commercial purpose ? That issue is answered in negative by KCZMA in the above said instance. There are other instances also.
Whether there is any possible way out for change in occupancy is a matter to be addressed legally by the Court of law or higher authorities. The legislative intention on relaxation of construction in the Notification is to ease the restriction on construction of dwelling houses of local inhabitants. But if any such existing construction is changed its occupancy for the livelihood or for rental purpose of the local inhabitant is a matter to be addressed. In 2019 notification, even new construction of dwelling houses are seen permissible with certain conditions incorporating disaster management and sanitation arrangements. The mooting point is whether the change in occupancy sought for, is for an activity which is permissible or not.
On the other hand, on a different line of thought, taking account of the fact that since the existing activities in NDZ even if it does not fall within in the permissible activity list will not be affected by the CRZ Notification; commercial activities ought to have been allowed by change in occupancy, provided there is no new construction or any other violation in the structure of building !
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CRZ Notification - Kerala - Frequently asked questions
Frequently asked questions on Coastal Regulation Zone Notification
1. Which CRZ Notification is currently in force in Kerala (2022 Jan) ?
CRZ Notification 2011 is in force in Kerala.
2. Why the new CRZ Notification 2019 is not implemented in Kerala ?
The CZMP for CRZ Notification 2019 is not yet completed and approved. The CZMP can be officially published after public consultation, approval etc. It is specifically noted in the CRZ Notification 2019 (Para 6) that, All Coastal states shall revise or update their respective CZMP framed under 2011 Notification at the earliest and all the project activities attracting the provisions of this notification shall be required to be appraised as per the updated CZMP under this notification and until and unless the CZMP is so revised or updated, provisions of this Notification shall not apply and the CZMP as per the provisions of CRZ 2011 shall continue to be followed for appraisal and CRZ clearance to such projects.
3. What is the CRZ area for backwater islands as of now ? Is there any change in the 2019 Notification ?
The CRZ area for backwaters in Kerala is considered as 50 metres. Within 50 metres, dwelling units of local communities may be repaired or reconstructed. Beyond 50 metres, on the landward side of backwater islands, dwelling units of local communities may be constructed with prior permission of Grama Panchayath. (2011 Notification)
In 2019 Notification, the CRZ area for backwater islands is reduced to 20 metres.
4. What is the difference between Municipal areas and Panchayath areas in CRZ categorisation and permissions ? (2011 Notification)
shoreline is considered as CRZ II. Developed area is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built up and has been provided with drainage and approach roads and other infrastructural facilities such as water supply and sewerage mains.
IN CRZ III, areas that are relatively undisturbed and those do not belong to either CRZ I or II which include coastal zone in the rural areas and also areas within municipal limits or in other legally designated urban areas which are not substantially built up.
In CRZ II area, buildings are permitted only on the landward side of the existing road, or on the landward side of the existing authorised structures.
In CRZ III, area up to 200 from HTL on the landward side of seafront and 100 metres from the tidal influenced water bodies or width of the creek whichever is less is to be earmarked as No Development Zone.
Updated by Adv Sherry J Thomas on 03-01-2022