Notice to Centre, State for diluting CRZ rules

CHENNAI: Agreeing to the contention of a fishermen’s association leader that abandoning the process of obtaining prior clearance under Coastal Regulation Zone (CRZ) regulation for activities within a regulated coastal area could lead to wanton degradation of the environment, the Madras High Court ordered notice to both Union and State governments.

The plea moved by K Bharathi, president, South Indian Fishermen Welfare Association, challenged an office memorandum issued by the Ministry of Environment, Forests and Climate Change abandoning the process of obtaining prior clearance, which is contrary to the CRZ notification, 2011, that insists on obtaining prior permission for activities within a regulated coastal area.

The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu directed the governments to file their counters with three weeks after conceding with the petitioner that if the process was abandoned, there would be wanton degradation; even if the parameters are left unaltered, the activities undertaken before permission may cause irreversible change and completely destroy the environment.

“The petitioner maintains that even if, in course of granting the ex post facto clearance or refusing the same, that part of the project which contravenes norms is required to be undone or the entirety of the project is required to be abandoned and the activities undertaken stopped together with the construction razed, the damage that it would have done may be irreversible or may take decades together before the natural scheme of things is restored,” the bench observed.

The bench led by Chief Justice Banerjee said there was sufficient basis to the petitioner’s assertion that if the principle of prior clearance was diluted and ex post facto clearance was permitted, it would encourage the wanton degradation of the coastal region and would be completely opposed to the purpose of the Environment Protection Act, 1986, and the ethos of Section 3.

“The matter is of importance and the Union government should adhere to the time indicated to file its counter-affidavit,” the bench added, and listed the case for next hearing on October 21.

Abandoning the process of obtaining prior clearance under CRZ regulation could lead to degradation of environment – Chief Justice Sanjib Banerjee, Madras High Court