NEW DELHI: An environment ministry committee has recommended reduction of the "no development zone" (NDZ) as specified under the coastal regulation zone (CRZ) notification 1991. It has also recommended allowing tourism facilities and other constructions within the NDZ. The committee headed by Sailesh Nayak, secretary, ministry of earth sciences has suggested a number of amendments to the CRZ
notification in its report based on its review of issues in coastal states.
Interestingly, the committee report was released under RTI about 16 months after the application was filed.
"This report had been denied since the time the application was filed in February 2015 on the grounds that the government had not approved it," RTI applicant Kanchi Kohli said.
The disclosure came after an order of the Information Commissioner, Prof M Sridhar Acharyulu on May 13 which stated that the ministry "cannot invent a new defence or exemption such as 'the report is under submission', 'file is pending consideration' and 'unless approved it cannot be given', etc, which are not available under RTI Act, 2005, such an illegal refusal will amount to denial of information which would invite penal proceedings under Section 20 of RTI Act, 2005."
The committee has made some recommendations that could dilute several aspects of protection to CRZ areas. For instance, the committee suggests that buildings can be constructed behind existing structures and roads in CRZ II (built up cities and towns) areas as per existing Town and Country Planning norms.
It divides CRZ III (relatively undisturbed areas including rural areas) areas into densely populated rural areas and rural areas with lesser regulation through the reduction of the "no development zone" to 50 metres.
The "no development zone" (NDZ) is 200 metres from the high tide line as per CRZ notification 1991.
The report also allows for housing infrastructure and slum redevelopment activities in CRZ II and tourism in CRZ III areas based on town and country planning norms and other state regulations.
The committee recommends "temporary tourism facilities in the NDZ. But if the NDZ falls on the landward side of a national or state highway, it suggests permitting construction of permanent tourism facilities. The committee also mentions reclamation of the sea bed in CRZ IV (coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III) area for "ports and harbour, fisheries-related activities and other infrastructure required in the larger public interest such as bridges, sea-links on stilts, roads, important national installations related to coastal security, tourism."
The committee mentions the identification and delineation of "ecologically sensitive areas" (ESAs) in CRZ I (ecologically sensitive) along the coasts, which includes mangroves, beaches, coral reefs and others. It suggests that state and union territories prepare coastal zone management plan (CZMP) as per guidelines suggested by the committee. All ESAs should be notified under the environment protection act 1986 by state governments. The report recommends delegation of powers to prepare CZMPs to state governments.
While the ministry did not release the committee report, it did make a number of amendments to the CRZ notification, 1991. Earlier this year, fishing communities in Puducherry and other areas objected to an amendment that allowed construction of roads in notified areas.
"The suppression of Shailesh Nayak report while issuing successive amendments gives rise to many suspicions, which need to be cleared. Copy of the report could have been given saying it is pending for approval," the information commission observed.
Kanchi of Centre for Policy Research (CPR)-Namati Environment Justice Programme had submitted to CIC that "such developments on the coast have a direct bearing on over 3,200 marine fishing villages.
As per the Marine Fisheries Census in 2005, there are 756,212 households—a total of 3.52 million people—along mainland India's coastline. Nearly half of this population (over 1.6 million people) is engaged in active fishing and fishery--related activities which is why the committee report has a direct bearing on them and should be released for public scrutiny.
The committee members had meetings with the governments of Maharashtra, Karnataka and Kerala and also invited representatives of state and union territory governments for a meeting Delhi. The meeting details are provided in the report.
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It's not clear whether any consultations were carried out with coastal communities, fishing unions or private parties.
"While the piecemeal amendments have sought public comment, this road-map itself has been strictly kept out of public view," observed Kanchi.
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