NGT admits Goa Foundation petition challenging CRZ Notification 2019

PANJIM: The Goa Foundation has filed a petition before the National Green Tribunal (NGT), Western Zone Bench, Pune, seeking to quash the CRZ Notification dated January 8, 2019 or to set aside the provisions stated in the paragraph number 11 and to issue direction to the Ministry of Environment and Forest & Climate Change (MoEF&CC) to reintroduce/add provisions in the CRZ Notification, 2019, as set out in paragraph number 11 of the notification.

The MoEF&CC had issued the Coastal Regulation Zone (CRZ) Notification, 1991 under the Environment (Protection) Act, 1986, with the aim to provide comprehensive measures for the protection and conservation of the country’s coastline and provided for the establishment of CRZ upto 500-metres on the landward side of the High Tide Line (HTL). It also classified coastal zones on the mainland as well as on the islands of Andaman and Nicobar and Lakshadweep into Coastal Regulation Zones- I, II, III and IV. 

The petitioner stated that impugned Notification of 2019 was issued on January 18, 2019, taking some regressive steps in respect of protection of ecology and rights of the fishing communities and is favouring the commercial and intensive organisational activities. The restrictions which were imposed in the past have been relaxed without any adequate reasoning for the same and would impair sustainable development and ecosystem. 

The CRZ Notification of 2019 has sub-divided CRZ-III into unworkable CRZ-III(A) and CRZ-III(B) and has practically abandoned the coastal areas demarcated as CRZ-II and CRZ-III. 

In the case of Goa, it has abandoned turtle nesting beaches by dropping their names and also abandoned the Khazan system, which is a unique ecological feature of Goa, linked to tidal action, the petitioners said. The impugned CRZ Notification is said to be based on the Shailesh Nayak Committee Report and it is being claimed that the amendments made in the notification, were recommended by the Committee, is not true. 

The amendments brought about in the impugned notification are not inconsonance with the said Committee report.

It has also been submitted that the NDZ along sea-coast is reduced to 50 metres from earlier 200 metres, which is unacceptable in view of sea level rise and ingress of sea water into coastal areas. Further, the developmental activity towards the landward side has been restricted to only 20 metres from the HTL. The CRZ along the rivers is also reduced from 100 metres to 50 metres from HTL without any appropriate justification. The inter-tidal zone is now no longer in NDZ. Roads are permitted to be built in NDZ and activities are permitted on both sides of such roads.

The NGT fixed March 20, for consideration of interim relief and stay of several provisions of the notification.