Selil Moideen, v. Kerala Coastal Zone Management Authority

Kerala HC17 Feb 2021WP(C)/39431/2018

Case brief

AI extract

What is this about?

The petitioner, claiming land in Alangad Panchayat was wrongly classified under CRZ-III instead of CRZ-II in the 2011 Coastal Zone Management Plan, sought correction. The court observed the 2011 plan was finalised and superseded by the impending 2019 plan. It disposed of the petition noting the petitioner could raise objections during the 2019 public hearing.

What the court decided

AI extract

Selil Moideen, Vs Kerala Coastal Zone Management… — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

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WP(C).No.39431 OF 2018(D)

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PETITIONER:

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SELIL MOIDEEN, AGED 29 YEARS SON OF MUHIFUDIN, HAFIL, JUMA MASJID ROAD, PANAYIKULAM, ERNAKULAM-683 511

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BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH

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RESPONDENTS:

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1 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, KERALA COASTAL ZONE MANAGEMENT AUTHORITY, 4TH FLOOR, KSRTC BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM-685 001

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2 STATE OF KERALA DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROOM NO. 372, FLOOR MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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3 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003

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4 ALANGAD GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, NEERIKKODE, LUVA-683 511

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BY ADVS: SRI.M.P.PRAKASH SRI.SUVIN R.MENON, CGC SRI.DINESH MATHEW J.MURICKEN SRI.K.J.MANURAJ - GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.39431 OF 2018(D)

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W.P.(C) No.39431 of 2018

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J U D G M E N T

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Petitioner is one of the co-owners of a land comprising in Survey Nos.282/8, 282/5, 282/7A, 282/7B and 282/6-1 of Alangad Village, situated within the limits of the fourth respondent Panchayat. It is stated by the petitioner that in the draft of the Coastal Zone Management Plan prepared under the Coastal Regulation Zone Notification, 2011, the lands in Alangad Panchayat including the land of the petitioner are shown as falling within CRZ-III Zone. According to the petitioner, the said lands should have been brought under CRZ-II zone in the said plan. The petitioner could not participate in the public hearing conducted on the draft plan due to flood in the area. He, therefore, preferred Ext.P4 representation to the Government pointing out the objections to the draft plan. The writ petition was filed thereafter seeking directions to the respondents to make appropriate corrections in the plan.

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WP(C).No.39431 OF 2018(D)

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Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel for the first respondent as also the learned Central Government Counsel.

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It was pointed out by the learned counsel for the petitioner that even the State Government wanted the lands within the limits of the fourth respondent Panchayat to be brought under CRZ-II zone and addressed Ext.P7 letter to the Ministry of Environment, Government of India.

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It was pointed out, however, by the learned Standing Counsel for the first respondent that the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2011 has already been finalised and no relief can therefore be granted to the petitioner.

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As pointed out by the learned counsel for the first respondent, it is seen that the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone Notification, 2011 has already been finalised by the competent authority on 28.02.2019 and the same is in force for the last two years. It is also seen that just before the finalisation of Coastal Zone

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WP(C).No.39431 OF 2018(D)

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Management Plan pursuant to the Coastal Regulation Zone notification, 2011, the Coastal Regulation Zone notification, 2011 has been replaced by the Coastal Regulation Zone notification, 2019. As such, the Coastal Zone Management Plan prepared pursuant to the Coastal Regulation Zone notification, 2011, would be in force only till Coastal Zone Management Plan pursuant to the Coastal Regulation Zone Notification, 2019 is finalised. It is submitted by the learned counsel for the parties on either side that steps for finalising the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2019 are underway and the same is likely to be finalised soon. In so far as steps have already been taken to revise the impugned Coastal Zone Management Plan which is now in force, I am of the view that it is unnecessary for this court to go into the correctness of the said plan as the petitioner will be able to raise his grievance against the proposed plan in the public hearing before finalisation of the proposed plan.

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In the circumstances, this writ petition is disposed of making it clear that the inclusion of the land of the

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WP(C).No.39431 OF 2018(D)

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petitioner in CRZ – III zone in the Coastal Zone Management Plan prepared under the Coastal Regulation Zone notification, 2011 will not preclude the petitioner from raising objection against the inclusion of his land in any of the Coastal Regulation Zones in the Coastal Zone Management Plan proposed under the Coastal Regulation Zone Notification, 2019. Needless to say that if objections are raised by the petitioner in the public hearing in connection with the finalisation of the Coastal Zone Management Plan pursuant to the Coastal Regulation Zone notification, 2019, the same shall be addressed by the competent authority. Similarly, the competent authority shall also consider the views of the State Government, which is communicated to the Central Government as per Ext.P7 letter, in the matter of finalising the proposed plan.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.39431 OF 2018(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE APPROVAL LETTER NO. J 17011/23/92-IA-III, DATED 27.9.1996 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE NOTICE OF PUBLIC HEARING ISSUED BY THE FIRST RESPONDENT, DATED 13.7.2018 EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C) NO. 26055 OF 2018 DATED 22.11.2018 EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 27.11.2018 EXHIBIT P5 TRUE COPY OF THE JUDGMENT RENDERED IN W.P. (C) NO. 24524 OF 2016, DATED 26.10.2016 EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE SAID ORDER OF THE 2ND RESPONDENT NO.G.O. (Rt)NO.65/2019/ENVT, DATED 10/07/2019. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE LETTER D.O.LETTER NO.B3/47/2017, DATED 10/12/2018, SENT BY THE SRI.P.H.KURIAN, ADDITIONAL CHIEF SECRETARY TO THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R3(A) TRUE COPY OF THE NOTIFICATION DATED 06.01.2011 ISSUED BY THE COASTAL REGULATIOIN ZONE, MINISTRY OF ENVIRONMENT AND FORESTS EXHIBIT R3(B) TRUE COPY OF THE LETTER F.NO.12-7-2018-IA111 DATED 28.02.2019 ISSUED BY THE DIRECTOR (CRZ), MOEF

Selil Moideen, v. Kerala Coastal Zone Management Authority

Case brief

What is this about?

What the court decided

Selil Moideen, v. Kerala Coastal Zone Management Authority

Case brief

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