ENVIRONMENTAL LAW

PROJECT

COASTAL ZONE MANAGEMENT IN INDIA

(Term Paper towards partial fulfillment of the assessment in the subject of Environmental Law)

Submitted by: Submitted to:

Devvrat Singh Shekhawat Mrs. Mononita Das

Roll No.: 720 Associate Professor

VII Semester Environmental Law

B.P.Sc.(Hons) L.LB(Hons)

National Law University, Jodhpur

Summer Semester

(July-November, 2012)
 ACKNOWLEDGEMENT

I would like to take this opportunity to thank my Environmental Law guide and mentor Mrs.
Mononita Das for giving me the opportunity and the resources needed to complete this study. I
also would like to express my gratitude to the library staff for providing reference facilities. This
project has provided me with an ideal opportunity to express myself and I profusely thank all
those who have lent a helping hand.

1
 TABLE OF CONTENTS

Research Methodology....................................................................................................................3

Introduction......................................................................................................................................6

Coastal Pollution & its effects.........................................................................................................8

National Environment Policy..........................................................................................................8

Physical Limits of Zones………………………………………………………………………….9

Coastal Zone Regulation…………………………………………………………………………10

Integrated Coastal Zone Management……………………………………...……………………12

Coastal Zone Management Authority……………………………………………………………12

Judicial Pronouncement………………………………………………………………………….13

Loopholes in the System…………………………………………………………………………19

Conclusion & Suggestions……………………………………………………………………….20

2
Research Methodology

SUBJECT: Environmental Law

AREA: Marine and Shore Ecology

TOPIC: Coastal Zone Management in India

Objectives:

a) To understand the problem of coastal pollution leading to degradation with improper

utilization of resources.
b) To understand the concept of Integrated Coastal Zone Management and see its bright
side.
c) To critically analyze the coastal zone management program including a look at
legislation, judicial exposition and suggestions

RESEARCH QUESTIONS:

1. What is the importance of coastal areas to a country?

2. What are the steps taken by the legislature to manage coastal zones effectively?

3. What is the concept of Integrated Coastal Zone Management?

4. What are the loopholes in their approach?

5. What had been the judicial approach to the problem?

3
SOURCES:

A number of sources have been used for the purpose of research for this project. Mainly

secondary sources have been used including websites, articles, Government reports and Research

reports.

REFERENCES:

BOOKS:

 Syam Divan & Armin Rosencranz, Environmental Law and Policy in India, Oxford
University Press, New Delhi, 2005

 P. Leelakrishnan, Environment Law Case Book, Lexis-Nexis Butterworths, New Delhi,

2004

REPORTS:

M.S. SWAMINATHAN REPORT, FEBRUARY 2005

Journal of Public Administration and Governance

ARTICLES:

 R. Sudarshana, Cross sectoral approaches to integrated coastal management / Alang and

Bhavnagar Bhal-India, available at http://www.csiwisepractices.org/?read=4, last visited
on 23-07-2012
 The Environmental Protection Agency and Coastal Zone Management: Striking a
Federal-State Balance of Power in Land Use Management, 11 HOUS. L. REV. 1152,
1156 (1974)
 Developments in the Law-Zoning- Environmental Land Use Regulation, 91 Harv. L. Rev.
1578 (1978)
 Brian Greenwood & Sherryll L'oken, Marine and Coastal Access Bill, E.L.M. 2009,
21(1), 47-48
 Sarah Wotton, The UK draft Marine Bill, Env. Liability 2008, 16(3), 99-103;
 Kalidas Sawkar, Coastal Management Policy in India: A Commentary, Coastin,
September 2001, p.5-9
WEBSITES (LAST VISITED ON 27TH JULY 2012):

 http://www.teriin.org/teri-wr/coastin/papers/paper2.htm
4
  http://drs.nio.org/drs/bitstream/2264/435/1/Water_Res_40_3304.pdf
 http://drs.nio.org/drs/handle/2264/2180
 http://saarcsdmc.nic.in/pdf/workshops/goa/india/COASTAL%20AND%20MARINE
%20POLLUTION.pdf
 http://oceanworld.tamu.edu/resources/environment-book/introtocoastalpollutionE.html
 http://drs.nio.org/drs/bitstream/2264/1575/2/Coastin_5_2001_5.pdf
 http://hdl.handle.net/2264/1575
 http://www.ciel.org/Biodiversity/programbio.html
 http://www.csiwisepractices.org/?read=4
 http://cwc.gov.in/CPDAC/texts/3rd%20meeting%20minutes.pdf
 http://www.adb.org/Documents/TARs/IND/40156-IND-TAR.pdf
 http://moef.gov.in/divisions/iass/2009-07-24%20Press%20Release%20-%20CMZ
%20Lapse.pdf
 http://www.hindu.com/op/2008/06/29/stories/2008062950011400.htm
 http://www.slideshare.net/Pondycan/2009-07-14-ports-vs-coasts-pondy-case
 http://www.york.ac.uk/inst/sei/prp/pdfdocs/slpolicy.pdf
 http://www.envfor.nic.in/
 www.google.com
 www.manupatra.com
 www.westlaw.com
 www.jstor.org
CASES:

 Indian Council for Enviro-legal Action v. Union of India (1996) 5 SCC 281
 Dighi Koli Samaj Mumbai Rahivasi Sangh v. Union of India; Public Interest Litigation
No. 42 of 2009 and Decided On: 09.07.2009
 Goan Real Estate and Construction Ltd. and Anr. v. People's Movement for Civic Action
and Ors. 2008 (11) SCALE 684
 The Goa Foundation v. Ramesh Hotels and Resorts Pvt. Ltd. and Ors MANU/ MH/
0686/ 2008
 Shri David D'souza v. The Goa Coastal Zone Management Authority, (2005) 107 BOM
LR 807
 Goa Foundation v. Diksha Holdings Pvt. Ltd. & Ors 2000 (1) SCALE 407

5
Introduction
There are a number of anti-pollution statutes establishing limitations on noxious effluents or
emissions from any particular point-source. As valuable as these statutes are in protecting the
environment, they are inherently limited in scope. They are directed at only one of the objectives
of environmental land use planning; they have little, if any, efficacy as a means of ensuring the
integrity of ecosystems such as coastlands and wetlands, of guarding against the dangers of
flooding, and of preserving scarce resources for the future. Even as a device for controlling
pollution, statutes regulating point-source emissions or effluents are not completely satisfactory
in the absence of land use control. First, since the strongest sources of pollution, such as heavy
industrial plants, often are grouped together territorially, substantial pollution still may result
even if all individual polluters meet the statutory limitations. Second, the ambient air and water
quality standards established by federal pollution statutes can impose serious constraints on land
use in areas where pollution already is near the prescribed limit so that an immediate barrier to
high-pollution development is erected. These considerations strongly suggest the need for some
kind of integrated land use planning to supplement individual point-source controls and to ensure
that the most desirable land uses are pursued within acceptable air and water quality standards.

India has been blessed with over 6,000 km of coastline 1, and being a peninsula, naturally it has
seen a lot of commercial nautical activity throughout history. The Indian coastline supports
almost 30% of its human population2. The Bay of Bengal and the Arabian Sea are rich fishing
grounds3. India continues to be the 7th largest marine fishing nation in the world4. A large portion
of this coastline is vulnerable to sea erosion and tidal overflow. Only a portion of the vulnerable
sea coast has been protected so far and lot of efforts are required to be made to protect the
remaining part within the limitations of the availability of funds and other constraints. The
Central Government had been providing assistance to States for coastal protection upto 1991.
But, subsequently the scheme was discontinued and a new project under the banner of the
1
https://cia.gov/library/publications/the-world-factbook/geos/in.html, last visited on 26-07-2012
2
Id
3
Id
4
Id

6
Central Water Commission and Chairman (CPDAC) called ‘National Coastal Protection Project
(NCPP)’ was to be formulated. However, finally in 1991, the Government issued a notification
known as the Coastal Regulation Zone Notification 19915 which essentially stems from the
powers under the Environment Protection Act, 1986 and governs all aspects of coastal zone
management in India.

Internationally, there exist documents such as the Protocol on Integrated Coastal Zone
Management in the Mediterranean6 and a Proposal for a Model Law on Sustainable Management
of Coastal Zones together with a draft European Code of Conduct for Coastal Zones 7. The
purpose of model laws is to provide a standard text that states can use as a basis for national
legislation. The Model Law and the Code of Conduct do not have the status of international
conventions, since there is no obligation on any state to apply them, and they can be modified to
suit national circumstances8. Of course there are different countries across the globe who have
enacted municipal laws regarding the same.

This project comments on the coastal management in India that relates to the management of
resources on the coast. Almost all problems that are encountered in coastal policy fall into three
major domains of coastal policy problems: (i) those that relate to resource use conflicts, (ii) those
that relate to resource depletion and (iii) those that relate to pollution or resource degradation.
Policies for developments that relate to the coast have to be sensitive to these three problems.
Using this as an analytical lens, this project aims to critically analyze the coastal zone
management program including a look at legislation, judicial exposition and suggestions.
Separate chapters of the Model Law are dedicated to the creation of a database on the state of the
coastal zone, financial instruments for management, land ownership, free access to the shore,
development and planning, recreation, conservation of ecosystems, etc.9

5
Infra
6
Protocol on Integrated Coastal Zone Management in the Mediterranean, adopted at Barcelona 16 February 1976,
and amended on 10 June 1995, http://195.97.36.231/dbases/webdocs/BCP/ProtocolICZM08_eng.pdf, last visited on
22-07-2012
7
Available at  http://www.unesco.org/csi/act/russia/legalpro5.htm#model, last visited on 22-07-2012
8
Id
9
Gibson J., Legal and Regulatory bodies: Appropriateness to Integrated Coastal Zone Management. Final report
on behalf of MacAlister Elliott & Partners Ltd. October 1999, p.98 Web: http://www.macalister-elliot.com

7
Coastal Pollution and its Effects
Coastal pollution is a change in the physical, chemical and biological characteristics of water &
sediments. It causes degradation of the natural quality of the coastal environments. It affects the
health and survival of all forms of life.10

Coastal environmental resources comprise a diverse set of natural and manmade assets, including
mangroves, coral reefs, estuaries, coastal forests, genetic diversity, sand dunes,
geomorphologies, sand beaches, land for agriculture and human settlements, coastal
infrastructure, and heritage sites. These provide habitats for marine species, which, in turn
comprise the resource base for large numbers of fisher-folk, protection from extreme weather
events, a resource base for sustainable tourism, and agricultural and urban livelihoods. In recent
years there has been significant degradation of coastal resources, for which the proximate causes
include poorly planned human settlements, improper location of industries and infrastructure,
pollution from industries and settlements, and overexploitation of living natural resources. In the
future, sea level rise due to climate change may have major adverse impacts on the coastal
environment. The causes of coastal pollution can be blamed on three main factors which are
population growth, industrialization and urbanization. Another modern harmful cause of
pollution and destruction of delicate coastal ecology is the setting up of Special Economic Zones
in coastal states like Gujarat which have left a tremendous impact on the system.11

National Environmental Policy of 2006:

The National Environmental Policy, 200612 mentions that “Development activities in the coastal
areas are regulated by means of the Coastal Regulation Zone notifications and Integrated
Coastal Zone Management (ICZM) plans made under them. However, there is need to ensure

10
Supra.
11
Manshi Asher, SEZs: Stirring up a Storm along the Indian Coast, July 2007,
http://infochangeindia.org/200707096062/Trade-Development/Analysis/SEZs-Stirring-up-a-storm-along-the-Indian-
coast.html, last visited on 22-07-2012
12
http://www.envfor.nic.in/nep/nep2006e.pdf, last visited on 22-07-2012.

8
that the regulations are firmly founded on scientific principles, including the physical, natural,
and social sciences. This is necessary to ensure effective protection to valuable coastal
environmental resources, without unnecessarily impeding livelihoods, or legitimate coastal
economic activity, or settlements, or infrastructure development. Islands offer unique ecosystems
and coastal planning and regulation in their case needs to take into account features such as
their geological nature, settlement patterns, volcanic or coral nature of the island, size of the
habitations, unique cultures, livelihood patterns, etc. Adequate environmental safeguards should
be built into development projects in the islands, in particular those relating to tourism, high
value agriculture, deep sea fishing, prospecting for oil and natural gas, etc.”

Therefore as per the policy, the following actions had been proposed by the
Government:

a) Revisit the Coastal Regulation Zone (CRZ) notifications to make the approach to coastal
environmental regulation more holistic, and thereby ensure protection to coastal ecological
systems, coastal waters, and the vulnerability of some coastal areas to extreme natural events
and potential sea level rise. The Integrated Coastal Zone Management (ICZM) plans need to be
comprehensive, and prepared on strong scientific basis by experts with the participation of the
local communities both in formulation and implementation. The ICZM plans should be reviewed
at pre-determined intervals to take account of changes in geomorphology, economic activities,
settlement patterns, and coastal and marine environmental conditions.

b) Decentralize, to the extent feasible, the clearance of specific projects to State level
environmental authorities, exempting activities, which do not cause significant environmental
impacts, and are consistent with approved ICZM plans.

Physical Limits of Zones:

Coastal Regulation Zones (CRZ) consist of coastal stretches of seas, bays, estuaries, creeks,
rivers, and backwaters which are influenced by tidal action. They extend to up to 500 metres
from the High Tide Line (HTL). The land between the Low Tide Line (LTL) and HTL is also
declared as a Coastal Regulation Zone. The line up to which the highest water flow reaches the
land during spring tide is the High Tide Line (HTL). The distance from the HTL shall apply to
both sides in the case of rivers, creeks and backwaters. For recording reasons, this can be
9
modified on a case to case basis, in the Coastal Zone Management Plan (CZMP) of the States or
Union Territories. However, the distance shall not be less than 100 metres or the width of the
creek, river or backwater whichever is less. The distance up to which the tidal effect of the sea is
experienced, governs the regulation of development along rivers, creeks and backwaters and the
same has to be clearly specified in the CZMP.
Coastal Zone Notification (Prohibitions & Exceptions)
Experts in the field are of the opinion that any approach to coastal management has to be
integrated involving a cross-sectional approach and resulting from ‘a temporal interaction
between scientists, policy makers, people, administrators and intellectuals’13.

The Indian definition of coastal zones is given in the Coastal Regulation Zone (CRZ),
notification of 1991 which was in turn issued under the Environment Protection Act, 1986 and
Environment Protection Rules, 1986 - Rule 5(3). In India, till date, instead of a specific
legislation like the U.S.A14 or the UK15, the CRZ takes care of the coastal zone management. The
salient features of the main Notification are that a number of activities were declared as
prohibited in the Regulation Zones, which are as follows:

i) setting up of new industries and expansion of existing industries, except those directly related
to water front or directly needing foreshore facilities;

ii) manufacture or handling or storage or disposal of hazardous substances as specified in the

Notifications of the Government of India in the Ministry of Environment and Forests No. S.O.
594 (E) dated 28.7.1989, S.O. 966(E) dated 27.11.1989 and GSR 1037 (E) dated 5.12.1989;

iii) setting up and expansion of fish processing units including warehousing (excluding hatchery
and natural fish drying permitted areas);

13
R. Sudarshana, Cross sectoral approaches to integrated coastal management / Alang and Bhavnagar Bhal-India,
available at http://www.csiwisepractices.org/?read=4, last visited on 23-07-2012
14
Coastal Zone Management Act, 1972. Also see The Environmental Protection Agency and Coastal Zone
Management: Striking a Federal-State Balance of Power in Land Use Management, 11 HOUS. L. REV. 1152,
1156 (1974); Developments in the Law-Zoning- Environmental Land Use Regulation, 91 Harv. L. Rev. 1578 (1978)
15
Marine and Coastal Access Bill, 2008. Also see Brian Greenwood & Sherryll L'oken, Marine and Coastal Access
Bill, E.L.M. 2009, 21(1), 47-48; Sarah Wotton, The UK draft Marine Bill, Env. Liability 2008, 16(3), 99-103;

10
iv) setting up and expansion of units mechanisms for disposal of wastes and effluents, except
facilities required for discharging treated effluents into the water course with approval under the
Water (Prevention and Control of Pollution) Act, 1974 except for storm water drains;

v) discharge of untreated wastes and effluents from industries, cities or towns and other human
settlements. Schemes shall be implemented by the concerned authorities for phasing out he
existing practices, if any, within a reasonable time period not exceeding three years from the date
of this Notification; vi) dumping of city or town wastes for the purposes of land filling or
otherwise; the existing practice, if any, shall be phased out within a reasonable time not
exceeding three years from the date of this Notification;

vii) dumping of ash or any wastes from thermal power stations;.

The provisions of this notification are discussed further on in detail through the judicial
exposition and discussion.

In view of the various representations from diverse interest groups pointing out the inadequacies
of the notification from the point of view of both conservation as well as sustainable livelihoods,
a number of Expert Committees had also been constituted by the Central Government in the past
to look in to these representations and a number of amendments have been made in the
notification since 1991 for addressing various concerns. However, the need for a comprehensive
review of the notification to ensure that the management of the coastal resources is based on
sound scientific principles has remained. Therefore, as part of the Central Government’s
initiative for the review of all environmental regulatory systems, the Ministry constituted an
Expert Committee under the Chairmanship of Prof. M.S. Swaminathan in July, 2004 to review
the existing CRZ Notification. The Terms of Reference of this Expert Committee included:

a)            To review the reports of various Committees appointed by the Ministry of Environment
and Forests on coastal zone management, consider international practices, and suggest the
scientific principles for an integrated coastal zone management best suited for the country;

b)            To define and enlist various coastal and marine resources and recommend the
methodology for their identification and the extent of safeguards required for conservation and
protection;

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c)           To revisit the CRZ Notification, 1991 in the light of the above and recommend
necessary amendments to make the regulatory framework consistent with recommendations on
(a) and (b) above and the Environment (protection) Act, 1986

The Committee had come out with various recommendations which included a complete
overhaul of the 1991 system and pursuant to this a draft notification had been circulated in May
200816 for objections and suggestions. However, this draft notification could not be implemented
and on 22nd July 2009 the notification lapsed17.

The other legislations concerned with coastal pollution to a certain extent include the Shore
Nuisances (Bombay and Kolaba) Act, 1853 and the Indian Fisheries Act, 1897.

Coastal Zone Management Authority

The Government of India post the orders of the Supreme Court in various litigations 18 established
a National Coastal Zone Management Authority19 in 1998 as well as various Coastal State
Authorities as per the directions20.

The Central Authority has the power to take various measures for protecting and improving the
quality of the coastal environment and preventing, abating and controlling environmental
pollution in coastal areas including coordination between the state authorities 21, examination of
the proposals for changes and modifications in classification of Coastal Regulation Zone areas
and in the Coastal Zone Management Plans22 and review of cases and complaints23.

Integrated Coastal Zone Management

16
S.O.No.1070(E), Ministry of Environment and Forests Notification, http://www.envfor.nic.in/legis/crz/so-
1070(e).pdf, last visited on 25-07-2012
17
Lapsing of the Coastal Zone Notification 2008, http://moef.gov.in/divisions/iass/2009-07-24%20Press%20Release
%20-%20CMZ%20Lapse.pdf, last visited on 25-07-2012
18
Infra
19
S. O.991 (E)., Ministry of Environment and Forests Notification, available at
http://www.envfor.nic.in/legis/crz/so991.htm, last visited on 25-07-2012
20
Infra
21
Clause II (i), of S.O.991(E), Supra
22
Clause II (ii) of S.O.991(E), Supra
23
Clause II (iii) of S.O.991(E), Supra

12
Coastal areas are assuming greater importance in recent years, owing to increasing human
population, urbanization and accelerated developmental activities. These anthropogenic activities
engender colossal pressure on fragile coastal environment by its complexity due to
multidimensional interactions including physical, chemical, biological, ecological, socio-
economical and administrative aspects In India, as in many other developing countries, the
pressure for economic development is unrelenting in the face of widespread poverty and in
practice often overrides social and environmental concerns. This is inevitably unsustainable
because the environment is unable to maintain the flow of goods (e.g., resources for exploitation)
and services (e.g., natural defense systems) Generally, approaches of coastal issues are sectoral
basis and solutions formed in an ad hoc fashion and inventories are not long lasting. Integration
of knowledge, skills and information etc., are distributed at different levels of within the
administration and different stakeholders are not happening. Setting clear goals for planning and
decision making structures and processes that will integrate across these various institutions and
cultures is a daunting challenge, particularly in countries where governmental institutions are
weak and unstable. Integrated Coastal Management (ICM) is conceived as a holistic
management tool working across sectoral, disciplinary, and institutional boundaries . Further,
ICM is the central organizing concept in sustainable coastal development Progress since Rio in
making the transition between a concept and an operational reality is remarkable. In 1992, ICM
was a fledgling discipline that was in an initial phase of discovery. 24
ICM has developed a general consensus on the approaches, key principles, and techniques for
organizing and implementing the practice of ICM.ICM has been accepted as an organizing
framework for advancing societies toward long-term goals of sustainable coastal development.

Judicial Pronouncement
i. Indian Council for Enviro-legal Action v. Union of India25

The Petitioners filed a Public Interest Litigation under Article 32 of the Constitution out of
concern for the environment and the proper implementation of the CRZ notification of 1991.

24
Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol. 2, No. 2
www.macrothink.org/jpag 21 visited on 27/07/12
25
(1996) 5 SCC 281 hereinafter the CMZ Implementation Case

13
The main grievance in this petition was that a Notification dated 19.2.1991 declaring coastal
stretches as Coastal Regulation Zones (hereinafter referred to as 'the Regulation Zones which
regulates the activities in the said zones had not been implemented or enforced. This had led to
continued degradation of ecology in the said coastal areas. There was also a challenge to the
validity of the Notification dated 18.8.1994 whereby the first Notification dated 19.2.1991 had
been amended, resulting in further relaxations of the provisions of 1991 Notification and such
relation, it was alleged, would help in defeating the intent of the main Notification itself.

As part of the notification there were provisions that provided for regulation of permissible
activities. Further more, the coastal States and Union Territory Administrations were required to
prepare, within one year from the date of the main Notification, Coastal Zone Management Plans
(hereinafter referred to as 'the Management Plans') identifying and clarifying the Regulation
Zones areas within their respective territories in accordance with the guidelines contained in the
main Notification and those plans were required to be approved, with or without modification, by
the Central Government, Ministry of Environment and Forests. The main Notification also
stipulated that within the framework of the approved management Plans, all developments and
activities within the Regulation Zones, except the prohibited activities and those which required
environment clearance from Ministry of Environment and Forests, Government of India, were to
be regulated by the State Government, Union Territory Administration or the local Authority, as
the case may be, in accordance with the guidelines contained in Annexures I and II of the main
Notification.

Annexure I consists of Clause 6(1) which relates to the classification of coastal regulation zone.
The norms for regulation activities in the said zones are provided by Clause 6(2) for regulating
development activities. The Coastal stretches within 500 metres of HTL of the landward side are
classified under Clause 6(1) into four categories, which are as under:

a) Category I (CRZ-I) includes the areas that are ecologically sensitive and important, such as
national parks/marine parks, sanctuaries etc., areas rich in genetic diversity, areas likely to be
inundated due to rise in sea level consequent upon global warming and such other areas as have
been declared by the Central Government or the concerned authorities at the State/Union

14
Territory level from time to time. In ' addition thereto, CRZ I also contains the area between the
LTL and the HTL.

b) Category II (CRZ II) contains the areas that have already been developed upto or close to the
shore line. This is the area which is within the municipal limits or in other legally designated
urban areas which is already substantially built up and which has been provided with drainage
and approach roads and other infrastructure facilities, such as water supply and sewerage mains.

c) Category III (CRZ III) is the area which was originally undisturbed and includes those areas
which do not belong either to category I or Category II. CRZ III includes coa zone in the rural
areas (developed and undeveloped) and also areas within the municipal limits or in other legally
designated urban areas which are not substantially built up.

d) Category IV (CRZ IV) contains the coastal stretches in the Andaman & Nicobar Lakshadweep
and small islands except those designated as CRZ I, CRZ II or CRZ III.

In the Writ Petition, specific allegations were also contained to the effect that Ministry of
Environment and Forests. Government of India had issued another Notification dated 20.6.1991
under Clause (5) of Sub-section (2) of Section 3 of the Act declaring Dahanu Taluka, District
Thane, Maharashtra as an ecologically fragile area. The main Notification was issued so as to
ensure that the development activities are consistent with the environmental guidelines for
beaches and coastal areas and to impose restrictions on the setting up of industries which have
detrimental effect on the coastal environment. This Notification also required the Government of
Maharashtra to prepare a master plan or regional plan for the Dahanu Taluka based on the
existing land use of Dahanu within a period of one year from the Notification and to get the said
plan approved by the Ministry of Environment and Forests. The master plan and the regional
plan was to demarcate all the existing green areas, orchards, tribal area and other
environmentally sensitive areas in the said Dahanu Taluka. Industries which were using
chemicals above the limits/quantities prescribed by the Act or by Rules were to be considered
hazardous industries. The hazardous waste was required to be disposed of in the identified areas
after taking precautionary measures. This Notification also required the Government of

15
Maharashtra to constitute a monitoring committee to ensure the compliance or conditions
mentioned in the Notification in which local representatives may be included.

According to the petitioner, the Maharashtra Government has not implemented the directions
contained in the said Notification and has permitted development activities which have resulted
in new polluting industries being established in the coastal area, thereby seriously endangering
the ecology. The industries which are operating in Dahanu are stated to be balloon
manufacturing units, buffing and chromium plating units and chemical units. There has been a
failure to make the master plan or the regional place for the said Dahanu Taluka and
indiscriminate licenses have been issued and consent given to new industries by the State
Government and the predominately agricultural area is slowly being converted into an industrial
area in complete disregard of environmental laws, guidelines and notifications.

According to Clause 3(i) of the main Notification, the coastal States and Union Territory
Administrations were required to prepare the Management Plans within one year from the date of
the main Notification. This was essential for the implementation of the said Notification.
According to the Apex Court, “The lack of commitment on the part of these States and
Administrations, towards the protection and regulation of the coastal stretches, is evident from
their inaction in complying with the aforesaid statutory directive requiring the preparation of
Management Plans within the specified period. In view of the fact that there had been a non-
compliance with this provision, this Court on 3.4.1995 directed all the coastal States and Union
Territory Administrations to frame their plans within a further period of six weeks thereof.”

A status report was filed in court by the Union of India which showed non-compliance of Clause
3(i) by practically everyone concerned. While some of the States and Union Territory
Administrations submitted their plans, though belatedly, except in the case of Pondicherry, none
of the other plans were approved by the Central Government. Some modifications were
suggested and those States and Union Territories had to resubmit their plans. The State of Orissa
had only partly complied with this Court's order dated 3.4.1994 inasmuch as the plans submitted
by it were only for a small part of a coast. The State of West Bengal only submitted as
preliminary concept while States of Andhra Pradesh, Gujarat, Karnataka and Kerala did not care
to submit any plans at all. Therefore, the Court held that these six States namely, Orissa, West

16
Bengal, Andhra Pradesh, Gujarat, Karnataka and Kerala have to be answerable for non-
compliance with the directions issued by this Court on 3.4.1995.

The Court expressed its disappointment with the affidavits and explanations given by the state
for the delay and stated that “If the mere enactment of the laws relating to the protection of
environment was to ensure a clean and pollution free environment, then India would, perhaps,
be the least polluted country in the world. But, this is not so. There are stated to be over 200
Central and State Statutes which have at least some concern with environment protection, either
directly or indirectly. The plethora of such enactments has, unfortunately, not resulted in
preventing environmental degradation which, on the contrary, has increased over the years.26”

Further they said that the “Enactment of a law, relating to protection of environment, usually
provides for what activity can or cannot be done by people. If the people were to voluntarily
respect such a law, and abide by it, then it would result in law being able to achieve the object
for which it was enacted. Where, however, there is a conflict between the provision of law and
personal interest, then it often happens that self-discipline and respect for law disappear.
Enactment of a law, but tolerating its infringement, is worse than not enacting law at all. The
continued infringement of law, over a period of time, is made possible by adoption of such
means which are best known to the violators of law. Continued tolerance of such violations of
law not only renders legal provisions nugatory but such tolerance by the Enforcement
Authorities encourages lawlessness and adoption of means which cannot, or ought not to, be
tolerated in any civilized society. Law should not only be meant for law abiding but is meant to
be obeyed by all for whom it has been enacted. A law is usually enacted because the Legislature
feels that it is necessary. It is with a view tp protect and preserve the environment and save it for
the future generations and to ensure good quality of life that the Parliament enacted the Anti-
Pollution Laws, namely, the Water Act, Air Act and the Environment (Protection) Act, 1986.
These Acts and Rules framed ar.d Notification issued thereunder contain provisions which
prohibit and/or regulate certain activities with a view to protect and preserve the environment.
When a law is enacted containing some provisions which prohibits certain types of activities,
then, it is of utmost importance that such legal provisions are effectively enforced. If a law is
enacted but is not being voluntarily obeyed, then, it has to be enforced. Otherwise, infringement
26
¶ 25 of the CMZ Implementation Case, Supra

17
of law, which is actively or passively condoned for personal gain, will be encouraged which will
in turn lead to a lawless society. Violation of anti-pollution laws not only adversely affects the
existing quality of life but the non-enforcement of the legal provisions often results in ecological
imbalance and degradation of environment, the adverse affect of which will have to be borne by
the future generations.”27

Therefore they held that present case also showed that having issued the main Notification, no
follow-up action was taken either by the coastal States and Union Territories or by the Central
Government. The provisions of the main Notification appear to have been ignored and, possibly,
violated with impunity. The coastal States and Union Territory Administrations were required to
prepare Management Plans within a period of one year from the date of the Notification but this
was not done. The Central Government was to approve the plans which were to be prepared but
it did not appear to have reminded any of the coastal States or the Union Territory
Administrations that the plans had not been received by it.

The Court then went on to the issue of the amendment to the notification after reprimanding the
states and discussed how it was not possible to have environmental legislation to have the same
rigid norms for the whole country. It dealt with the modifications each one by one and upheld
some and held some to be ultra vires.

As part of a general conclusion, they stated “With rapid industrialisation taking place, there is
an increasing threat to the maintenance of the ecological balance. The general public is
becoming aware of the need to protect environment. Even though, laws have been passed for the
protection of environment, the enforcement of the same has been tardy, to say the least. With the
governmental authorities not showing any concern with the enforcement of the said Acts, and
with the development taking place for personal gains at the expense of environment and with
disregard to the mandatory provisions of law, some public spirited persons have been initiating
public interest litigations.28”

Accordingly they ordered that any further doubts regarding the notification were to be
challenged in high courts, that there were to be constituted State Coastal Management

27
¶ 26 of the CMZ Implementation Case, Supra
28
¶ 35 of the CMZ Implementation Case

18
Authorities in each State or zone and also a National Coastal Management Authority to unload
the burden of the pollution control boards, and the states were ordered to comply with the
notification requirements.

Loopholes in the System

Upon a detailed analysis of the policy regarding coastal zone management in India, there are a
few obvious loopholes that stand out.To begin with, India lacks a definite legislative framework
that provides a holistic approach to the protection and preservation of its rich cultural resources.
As we have seen the notification, which is under the Ministry of Environment and Forests has
been prone to amendments that tend to be extending loopholes within the notification rather than
bridging the gap. Even through the various litigation that has reached the Supreme Court the
extent of the problem is clear 29. Even the much hyped 2008 notification 30, which was drafted
based on the recommendations of a high profile committee under the chairmanship of Dr. M.S.
Swaminathan31, has a lot of loopholes still to be fixed:

a) need for approval (against endorsement) of the ICZMP areas by the Central
government32,

b) requirement of coastal/offshore desalination plants and wind farms along the coastal belt
to mitigate drinking water and energy needs in future of the vast population,

c) necessity to include underwater heritage sites in CMZ-III33 and ship wrecks/underwater

oceanoriums in CMZ-II34,

d) relevance of finalised ICZMP against abnormal surges like tsunami effects,

29
Dighi Koli Samaj Mumbai Rahivasi Sangh v. Union of India; Public Interest Litigation No. 42 of 2009 and
Decided On: 09.07.2009; Goan Real Estate and Construction Ltd. and Anr. v. People's Movement for Civic Action
and Ors. 2008 (11) SCALE 684; The Goa Foundation v. Ramesh Hotels and Resorts Pvt. Ltd. and Ors MANU/
MH/ 0686/ 2008; Shri David D'souza v. The Goa Coastal Zone Management Authority, (2005) 107 BOM LR 807;
Goa Foundation v. Diksha Holdings Pvt. Ltd. & Ors 2000 (1) SCALE 407
30
Supra Note
31
http://www.casmbenvis.nic.in/sdnp/policy.htm, last visited on 25-07-2012
32
Clause 6 (ii) of the Notification. Supra.
33
Appendix III, Id
34
Appendix IV, Id

19
 e) need for more seaward roads to improve connectivity in future,

f) need to shift Fish Processing and Aqua Culture to CMZ-II35,

g) include coastal and sea surveys in CMZ-III36,

h) need to have Ship Navigation facilities (including Light Houses) in CMZ-III37

Conclusion and Suggestions

It has been stated that India’s beaches are now facing an imminent danger of disappearing as
result of many factors38.If the threat is anywhere close to what it is stated to be, immediate
protective measures need to be taken by the state if they have to be saved at all.In addition,
specially keeping in mind the fact that the notification of 2008 39 came under severe scrutiny40,
which eventually never materialized from its draft form and lapsed 41; it is now more than ever
that India needs an all encompassing legislation which protects, preserves and manages
effectively its lengthy coastline, the importance of which cannot be stressed enough 42In the
meantime, the following efforts can be pursued in order to mitigate the damage:

 Public awareness

 Cleaning programme

 Setstandards for effluent discharge

 Minimal use of pesticides

35
Supra Note 34
36
Supra Note 35
37
Id
38
http://www.ndtv.com/convergence/ndtv/new/NDTV-Show-Special.aspx?ID=169; Goa’s Disappearing Coastline,
http://www.ndtv.com/convergence/ndtv/new/Ndtv-Show-Special-Story.aspx?
ID=169&StoryID=NEWEN20090097349&ch=615200981400AM; Gujarat’s Mangroves under Threat,
http://www.ndtv.com/convergence/ndtv/new/Ndtv-Show-Special-Story.aspx?
ID=169&StoryID=NEWEN20090096611&ch=69200962100PM , last visited on 25-07-2012
39
Supra
40
New Coastal Policy Threatens Fishermen, http://www.ndtv.com/convergence/ndtv/new/Ndtv-Show-Special-
Story.aspx?ID=169&StoryID=NEWEN20090097253&ch=6132009105200PM, last visited on 25-07-2012
41
Supra
42
Kalidas Sawkar, Coastal Management Policy in India: A Commentary, Coastin, September 2001, p.5-9

20
 Strict implementation of polluter pays principal. Strict implementation of laws
pertaining to prevention & coastal zone management before establishing new
industrial units on the coast

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