COSTAL DISTRICT COMMITEE

First Interim Report OCTOBER 2019

First Interim Report

Contents

Chapter 1: - Introduction ...... 2 1.1 Background ...... 2 1.2 Objectives of the Study and Methodology to be Adopted ...... 3 Methodology to be adopted ...... 3 1.3 Time frame ...... 3 1.4 Scope and Limitations ...... 4 Scope...... 4 Limitations...... 4 Chapter 2: - Brief Description about CRZ ...... 5 2.1 Coastal Regulation Zone(CRZ) Notification ...... 5 2.2 CRZ classification based on CRZ Notification, 2011 ...... 5 2.3 Coastal Regulation Zone (CRZ) in ...... 7 Chapter 3: - CRZ Notification violations in the district ...... 12 3.1 Municipality and Corporation ...... 12 3.2 Details of CRZ violations reported from LSGIs ...... 12 3.3 Analysis and Summary of findings...... 15 3.4 Conclusion ...... 16

List of Figures Figure 1. The CRZ Classifications based on Notification ...... 5 Figure 2. CRZ I- Ecologically sensitive areas ...... 6 Figure 3. CRZ II- Urban areas ...... 6 Figure 4. CRZ III- Rural areas ...... 7 Figure 5. Ernakulam District ...... 7 Figure 6. Location map showing an overview of the distribution of CRZ areas among the local bodies ...... 11

List of Tables Table 1. Time frame ...... 3 Table 2. List of LSGI’s in Ernakulam District based on CZMP 1996, 2011...... 8 Table 3. Number of CRZ Violations reported by LSGI's ...... 12

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Chapter 1: - Introduction

The enactment of the Coastal Regulation Zone (CRZ) Notification of 1991 in certainly set the beginning of the State’s Involvement in the conservation of our coasts. This environmental concern drew from the environmental Protection Act, 1986.

India has implemented coastal regulatory frameworks Coastal Regulation Zone (CRZ) Notification to regulate the developmental activities and to protect the fragile coastal environment. These regulations are implemented to ensure livelihood security to the fisher communities and local communities, living in the coastal areas, to conserve and protect coastal stretches, its unique environment and its marine area and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming, and declared the coastal stretches of the country and the water area up to its territorial water limit.

1.1 Background

Following the Supreme Court order to demolish four apartments constructed in violation of Coastal Regulation Zone (CRZ) norms at Maradu municipality, as per the orders dated 23.09.2019 in MA1808-1809/12019 in C.A. No.4784-4785/2019, The State Coastal Zone Management Authority Vs Maradu Municipality. Hon’ble Supreme Court of India has directed the Chief Secretary, to prepare the list of violations against C.R.Z Notification across the State.

The government has thus constituted the Coastal District Committees as per G.O.(Rt) No. 98/2019/Envt. Dated 16/10/2019, 17/10/2019 in ten coastal Districts (Kasaragode, , , , , Ernakulam, , , and ) with the following members.

1. District Collector (Chairman) 2. District Town Planner (Convener) 3. Secretary of the concerned local body (Member) 4. Village Officer of the concerned coastal village (Member) 5. Any other member nominated by District Collector.

The Government have directed to submit the first Interim report of each Coastal District Committee to Chief Secretary on 31st October 2019. The second Interim Report shall be submitted on or before 30th November 2019. The third Interim Report shall be submitted

Coastal District Committee, Ernakulam Page 2 First Interim Report on or before 20th December 2019. The comments/suggestions/opinions on the reports submitted by District Committee will be collected from public by the concerned District Collectors by 3l st December 2019. The same shall be incorporated and the Final CRZ Violation Report shall be submitted to Government on or before 12th January 2020.

1.2 Objectives of the Study and Methodology to be Adopted

a) To prepare a database of the buildings violating the CRZ notification across the district.

Methodology to be adopted

(1). Proforma covering all the important data which can be retrieved for each local body is prepared. (2). Action plan for the identification of CRZ violation is to be prepared by the LSGI’s. (3). Report of CRZ violation in the prescribed proforma and joint site inspection to be done by the secretary of the concerned LSGI and village officers. (4). 10% of the reported violations are to be checked and verified for the CRZ violations by the convener and the secretary of the concerned LSGI. (5). Third report on number of CRZ violations in the district is to be submitted to chairman for further action. (6). Final report of CRZ violations in the district is to be submitted as per government order.

1.3 Time frame Table 1. Time frame Time schedule Date of submission Date of submission to the convener for to Govt. by convener Proforma to be filled and submitted by 1ST Interim 31st October 2019 the respective local body on or before – report 26th October 2019 Joint inspection to be completed before 20/11/2019 2nd Interim Report to be submitted by respective local 30th Nov 2019 report body on or before 20/11/2019 3rd Interim Report to be submitted by respective local 20th Dec 2019 report body on or before 10/12/2019

The details to be collected from the 25 Grama panchayths, 6 municipalities and Kochi Corporation under the purview of CRZ in the district are to be tabulated in a proforma which is send by the convener to the LSGI’s.

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First meeting of Coastal District Committee was convened on 26-10-2019. Minutes is enclosed as Annexure 2.

1.4 Scope and Limitations

Scope  To prepare a database of all CRZ violations across the district.  Identification and grouping of different types of buildings in the CRZ areas.

Limitations  KCZMA representative is not a member of the committee this leads to lack of technical knowhow in assessing the violations in CRZ areas.  Technical knowhow of the corresponding local bodies & village officers are limited. Staff strength is a major concern.  Practical difficulties in submitting accurate reports within the timeframe  The new local bodies and new areas in the existing local bodies which come under the CRZ areas as per the new approved CZMP 2011 (Approval letter by Ministry of Environment, Forest & Climate Change, GoI letter number F. No. 12-7/2018-IA-III dated 28/02/2019) face problems in identifying the CRZ violation buildings due to lack of clarity in assessing the CRZ violations.  There exists some technical difficulties for gramapanchayats in assessing the CRZ violations in these rural areas before the enactment of Kerala Panchayat Building rules (KPBR), 2011.  Identification within the timeframe is a complex procedure.  Lack of clarity in the funding of the Coastal District Committee.

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Chapter 2: - Brief Description about CRZ 2.1 Coastal Regulation Zone(CRZ) Notification

In accordance with Sections 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 Central Government has declared (Feb 1991) the coastal stretches of seas and water bodies which are influenced by tidal action up to 500 metre from High Tide Line and the land between the Low Tide Line and High Tide line as Coastal Regulation Zone (CRZ). In the case of tidal influenced water bodies connected to the sea, like rivers, creeks, etc., the distance limit for CRZ is 100 metre or width of the creek, whichever is less. The Central Government had imposed certain restrictions on construction activities in CRZ and had stipulated that before undertaking any constructions in CRZ area, prior approval of Coastal Zone Management Authority (CZMA) was mandatory.

The Coastal Zone Management Plan (CZMP) based on CRZ Notification 1991 was approved in 1996. As per CZMP 1996, 24 local bodies in the district were under the purview of CRZ. Further on 6th January, 2011 a new CRZ Notification was published and the CZMP based n this was sanctioned on 28/02/2019. As per CZMP 2011, 32 local bodies in the district are under the purview of CRZ. Then on 18th January, 2019 the new CRZ Notification was published and the revised CZMP based on this notification is yet to be published.

As per the latest CRZ Notification, 2019 clause 6(1), all coastal States and Union territory administrations shall revise or update their respective Coastal Zone Management Plan (CZMP) framed under CRZ Notification, 2011 until and unless the CZMPs is so revised or updated, provisions of this 2018 notification shall not apply and the CZMP as per provisions of CRZ Notification, 2011 shall continue to be followed for appraisal and CRZ clearance to such projects.

2.2 CRZ classification based on CRZ Notification, 2011

Based on CRZ Notification, 2011 the CRZ areas are classified as CRZ I, CRZ II, CRZ III, CRZ IV and the areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities.

(i). CRZ-I Figure 1. The CRZ Classifications based on Notification

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A. The areas that are ecologically sensitive and the geomorphological features which play a role in the maintaining the integrity of the coast. This includes: (a) Mangroves, in case mangrove area is more than 1000 sq mts, a buffer of 50meters along the mangroves shall be provided; (b) Corals and coral reefs and associated biodiversity; (c) Sand Dunes; (d) Mudflats which are biologically active; (e) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas under the provisions of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere Reserves; (f) Salt Marshes; (g) Turtle nesting grounds; (h) Horse shoe crabs habitats; (i) Sea grass beds; (j) Nesting grounds of birds; (k) Areas or structures of archaeological importance and heritage sites.

B. The area between Low Tide Line and High Tide Line

Figure 2. CRZ I- Ecologically sensitive areas

(ii). CRZ-II

The areas that have been developed up to or close to the shoreline. The expression “developed area” is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up and has

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been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.

(iii). CRZ-III

Areas that are relatively undisturbed and those do not belong to either CRZ-I or II which include coastal zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas, which are not substantially built up. Figure 4. CRZ III- Rural areas (iv). CRZ-IV

A. The water area from the Low Tide Line to twelve nautical miles on the seaward side.

B. Shall include the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of tide which is measured as five parts per thousand during the driest season of the year.

(v). Areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities

A. (i) CRZ area falling within municipal limits of Greater . (ii) The CRZ areas of Kerala including the backwaters and backwater islands. (iii) CRZ areas of Goa.

B. Critically Vulnerable Coastal Areas (CVCA) such as Sunderbans region of West Bengal and other ecologically sensitive areas identified as under Environment (Protection) Act, 1986 and managed with the involvement of coastal communities including fisherfolk.

2.3 Coastal Regulation Zone (CRZ) in Ernakulam District

The CRZ landward limit along the backwaters, tidal influenced Rivers, its interconnecting canals/thodu and its tributaries is 100m from the High Tide Line Figure 5. Ernakulam District

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or width of the waterbody, whichever is less. The CRZ landward limit of backwater islands is 50m from HTL or the width of the waterbody, whichever is less. Along seacoast the CRZ landward limit is 500m from High Tide Line. The CRZ landward up to 200m along the sea coast from High Tide Line in CRZ III area is “No Development Zone” (NDZ).

For the present data collection on CRZ Violations in the district, the CRZ Notification 2011 and CZMP 2011 are used as the basis. As per the Coastal Zone Management Plan (CZMP) 1996 based on CRZ Notification 1991, 24 local bodies as stipulated in the table below in the district were under the purview of CRZ. They were 20 Grama Panchayats (Vadakkekkara, , Chittattukara, Pallippuram, , , Kuzhappilly, Edavanakkad, , , Varapuzha, , Njarakkal, , , , , Kumbalam, Kumbalangy and Udayamperoor), Three municipalities (, and Maradu) and Kochi Municipal Corporation.

Table 2. List of LSGI’s in Ernakulam District based on CZMP 1996, 2011 Corporatio Name of Name of Grama

n Municipality Panchayats (1). Vadakkekkara Name of LSGI’s Kochi (1). Paravur (2). Chendamangalam under the Municipal (2). Thrippunithura (3). Chittattukara purview of CRZ Corporation (3). Maradu (4). Pallippuram as per CZMP (5). Kottuvally 1996 (6). Ezhikkara (24 LSGI’s) (7). Kuzhappilly (8). Edavanakkad (9). Alangad (10). Nayarambalam (11).Varapuzha (12).Kadamakkudy (13).Njarakkal (14).Cheranallur (15).Elamkunnapuzha (16).Mulavukad (17).Chellanam (18).Kumbalam (19).Kumbalangy (20).Udayamperoor

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Name of newly added LSGI’s (1). (1). Puthenvelikara under the (2). Thrikkakara (2). purview of CRZ (3). (3). as per CZMP (4). Kadungallur 2011 (5). Amballur (8 LSGI’s) Total Number of Kochi LSGI’s Under CRZ Municipal 6 Municipalities 25 Grama Panchayats in the district Corporation

But as per the approved Coastal Zone Management Plan (CZMP) 2011 based on CRZ Notification 2011 now 32 local bodies in the district are under the purview of CRZ. They are twenty five Grama Panchayats (Vadakkekkara, Chendamangalam, Puthenvelikara, Chittattukara, Pallippuram, Kunnukara, Karumalloor, Kottuvally, Ezhikkara, Kuzhappilly, Edavanakkad, Alangad, Nayarambalam, Varapuzha, Kadungallur, Kadamakkudy, Njarakkal, Cheranallur, Elamkunnapuzha, Mulavukad, Chellanam, Kumbalam, Kumbalangy, Udayamperoor and Amballur), six municipalities (North Paravur, Eloor, Thrikkakara, Kalamassery, Thrippunithura and Maradu) and Kochi Municipal Corporation.

The new 8 local bodies which come under the purview of CRZ in the district based on CZMP 2011 are five Grama Panchayats (Puthenvelikara, Kunnukara, Karumalloor, Kadungallur and Amballur) and three municipalities (Eloor, Thrikkakara and Kalamassery).

These new local bodies and new areas in the existing local bodies which come under the CRZ areas as per the new approved CZMP 2011 face problems in assessing the violations because some constructions are already given permits and approvals before the approval of CZMP 2011 (Ministry of Environment, Forest & Climate Change, GoI letter number F. No. 12-7/2018-IA-III dated 28/02/2019).

Summary of Coastal Zone Management Plan for Ernakulam District (As per CRZ Notification 2011) prepared by National Centre for Earth Science Studies for Kerala Coastal Zone Management Authority states the following details.  The CRZ of Ernakulam District consists of CRZ I (CRZ IA & CRZ IB), CRZ II, CRZ III, CRZ IVA and CRZ IVB.  Mangroves, the ecologically sensitive ecosystem are categorized as CRZ IA. A protective buffer zone of 50m is provided around the mangrove ecosystems having an area of more than 1000m2 and are categorized as CRZ I. Kottayil Kovilakam and

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Pallipuram Fort are the two important Archeological sites, which are categorized under CRZ1A.  The Inter Tidal Zone (ITZ) is the area between Low Tide Line(LTL) and High Tide Line(HTL) (which includes tidal flats on the banks of backwater/ river) and is CRZ IB. The Pokali fields are also categorized as Inter Tidal Zone (CRZ IB).  The CRZ II is those developed areas in legally designated urban areas. The CRZ Landward of HTL (other than open spaces such as parks and play grounds) in Kochi Municipal Corporation, Paravur, Eloor, Thrikkakara, Kalamassery, Thrippunithura and Maradu Municipalities are CRZ II.  The CRZ III is the undeveloped areas in the CRZ of Vadakkekkara, Chendamangalam, Puthenvelikara, Chittattukara, Pallippuram, Kunnukara, Karumalloor, Kottuvally, Ezhikkara, Kuzhappilly, Edavanakkade, Alangad, Nayarambalam, Varapuzha, Kadungallur, Kadamakkudy, Njarakkal, Cheranallur, Elamkunnapuzha, Mulavukade, Chellanam, Kumbalam, Kumbalangy, Udayamperoor and Amballur Grama Panchayats in Ernakulam District.  The CRZ IVA is the sea water area and its bed up to 12 NM from Low Tide Line. The water area and its bed of tidal influenced water bodies is CRZ IVB.  The major backwaters and tide influenced river/waterbody in Ernakulam District are backwater and its inter connecting canals such as Channel, Canal, Champakara Canal, Kayal, Nettur Thodu, Kaithapuzha Kayal, Tattapalli River, Anachal Thodu, Ramavarma Canal, Iyyampilli Thodu, Chattangad Thodu, Pazhangad Thodu, Aniyil Thodu, Nedungad Puzha, Nayarambalam Thodu, Ernakulam Kayal, Chithrapuzha, Ernakulam Channel, Varapuzha, Kaniyampuzha, River and its tributaries.

Fig 6 shows an overview of the distribution of CRZ areas among the local bodies in the district.

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Figure 6. Location map showing an overview of the distribution of CRZ areas among the local bodies

Source: Draft Coastal Zone Management Plan for Ernakulam District (As per CRZ Notification 2011) prepared By National Centre for Earth Science Studies.

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Chapter 3: - CRZ Notification violations in the district

3.1 Maradu Municipality and Kochi Corporation

A pilot survey on high-rise buildings in the Maradu municipality and Kochi Corporation is carried out by the Town and Country Planning Department as per the directions of District Collector for identifying and listing of the existing high-rise buildings in the CRZ areas of these local bodies. The survey identified 41 buildings in Maradu municipality and 93 buildings in Kochi corporation CRZ areas which has to be verified by the KCZMA. In these buildings, certain buildings seem to have been built with KCZMA concurrence or with court permission which may have to be checked. This exercise was done by overlaying Coastal Zone Management Plan 2011 over current Google images and verifying on site through departmental surveyors. These identified high-rise buildings in the CRZ areas of the Maradu municipality and Kochi Corporation need to be further verified with relevant documents to found out the actual CRZ Violations among them.

3.2 Details of CRZ violations reported from LSGIs

The following is the consolidated list of CRZ violations reported from the concerned local bodies in the district.

Table 3. Number of CRZ Violations reported by LSGI's Number of Name of Local buildings Sl. No Remarks body violating CRZ Notification*

Notice issued as per law. Single or double storied Kottuvally buildings are included. Distance from HTL to 1 163 Gramapanchayat building is not specified. All come under Residential category. For the first interim report the number of U/A Chellanam Number given buildings existing in the 2 1630 Gramapanchayat gramapanchayat are reported based on the available details.

Vadakkekkara 29 have UA numbers. Number of floors, category 3 32 Gramapanchayat and distance from HTL to building not specified

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Details of action taken not mentioned. Includes single or double storied buildings. All the 4 78 buildings come under residential category and Gramapanchayat are U/A numbered. Distance from HTL to building is not specified.

Karumaloor 5 Nil Gramapanchayat

No action taken against the construction. Njarakkal Includes single or double storied buildings. All 6 39 Gramapanchayat come under residential category. Distance from HTL to the building not mentioned.

Varappuzha All come under residential category. Distance 7 92 Gramapanchayat from HTL to the building is not mentioned.

Notice issued as per law. Single or double storied Chendamangalam buildings are included. All the buildings come 8 18 Gramapanchayat under residential category. Distance from HTL to the building is not mentioned. Notice issued for 8 numbers. Mostly single or double storied buildings are included. All the Nayarambalam 9 36 buildings come under the residential category. Gramapanchayat Distance from HTL to the building varies from 1.5 to 150 metres. Intimation given as per Panchayath Raj Act. Single or double storied buildings are included. All the Kadamakkudy 10 162 buildings come under the residential category. Gramapanchayat Distance from HTL to the building is not mentioned No action taken against the construction. Single or double storied buildings are included. Except 12 resorts, 3 educational institutions, 1 Ezhikkara 11 369 commercial and 1 office building all other Gramapanchayat buildings come under the residential category. Distance from HTL to the buildings is not mentioned.

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No action taken against the construction. Single or double storied buildings are included. Except Edavanakkadu 12 25 one all other buildings come under the residential Gramapanchayat category. Distance from HTL to the building varies from 2 to 83 metres. Sent for CRZ clearance. Single or double storied Chittattukara buildings are included. All the buildings come 13 10 Gramapanchayat under the residential category. Distance from HTL to the building varies from 2 to 320 metres. No action taken against the construction. Pallipuram Includes residential, commercial and other 14 603 Gramapanchayat categories. Distance from HTL to the building only mentioned in very few cases. No details of CRZ violation as per the present Amballoor 15 Nil available details in the office. More details will be Gramapanchayat provided after field verification.

Kumbalanghi Notice issued as per law. 110 buildings come 16 115 Gramapanchayat under the residential occupancy.

Eloor 17 Nil Municipality

Kalamassery 18 Nil Municipality

Notice issued for all construction, 4 are Cheranallore 19 5 residential buildings below 100sqm and one is a Gramapanchayat resort building. U/A Number given for 107 buildings which includes one anganvadi, one floor mill, 14- Kumbalam 20 110 shopes, 2- commercial. All other buildings are Gramapanchayat residential occupancy. Notice issued for 3 buildings. Kunnukara 21 Nil Gramapanchayat

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U/A Number given to all buildings. Notice issued Udayamperoor 22 72 to all buildings as per law. All are single or double Gramapanchayat storied residential buildings. Mulavukad U/A Number given to all buildings 112 are 23 114 Gramapanchayat residential & 2 are commercial buildings. Alangad 24 Nil Gramapanchayat Elamkunnappuzha U/A Number or temporary number is given to all 25 247 Gramapanchayat buildings. Kadungallore 26 0 Nil Gramapanchayat 4 buildings are residential and one is commercial 27 5 Gramapanchayat occupancy building 28 .. No CRZ violations reported. Municipality This includes 8 numbers of residential flats. Out 29 Kochi Corporation 15 of 15, permit was granted for 13 numbers and remaining are forwarded for CRZ NOC. Maradu Details of CRZ violations are not given as on 30 Municipality 30/10/19 North paravur Details of CRZ violations are not given as on 31 Municipality 30/10/19 Trippunithura Details of CRZ violations are not given as on 32 Municipality 30/10/19

Total Number of Buildings 3940 Violating CRZ Notification

*The numbers are based on the reports from LSGI’s as on 30/10/2019

3.3 Analysis and Summary of findings

The total number of violations reported from the 28 number of local bodies out of 32 local bodies is 3940 as on 30/10/2019. 6 number of local bodies reported that there is no CRZ violation in their local body. Which may be further modified based on the field verification. Trippunithura, North paravur and Maradu municipalities has not yet given any report on the CRZ violations.

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3.4 Conclusion

The total number of CRZ violations reported from the local bodies as on 30/10/2019 in the Ernakulam district is 3940. The modified and corrected list of CRZ violations in the district after further evaluations by the members of the Ernakulam Coastal District Committee will be submitted with the second interim report.

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Annexure 1- Minutes of the first Ernakulam Coastal District Committee meeting on 26/10/2019.

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Annexure 2- Sample of proforma provided to the LSGI’s for reporting CRZ Violations.

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