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Kaloor Joseph vs Union Of India
2021 Latest Caselaw 16120 Ker

Citation : 2021 Latest Caselaw 16120 Ker
Judgement Date : 3 August, 2021

Kerala High Court
Kaloor Joseph vs Union Of India on 3 August, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                       WP(C) NO. 26055 OF 2018
PETITIONER:

           KALOOR JOSEPH
           PADAPURACKAL HOUSE,KATTAKKARA ROAD EAST,
           COCHIN - 682 017.
           BY ADVS.
           T.S.HARIKUMAR
           K.JAGADEESH


RESPONDENTS:

    1     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.
    2     KERALA COASTAL ZONE MANAGEMENT AUTHORITY
          REPRESENTED BY ITS SECRETARY,DIRECTORATE OF ENVIRONMENT
          & CLIMATE CHANGE,DEVIKRIPA, PALLIMUKKU,
          PETTAH P.O.,THIRUVANANTHAPURAM - 695 024.
    3     THE ADDITIONAL SURVEYOR GENERAL
          SOUTHERN ZONE, SURVEY OF INDIA,SARJAPUR ROAD,
          KORAMANGALA,    2ND BLOCK, BANGALORE - 560 034.
    4     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,ENVIRONMENT DEPARTMENT,
          ROOM NO.377,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -
          695 001.
    5     NATIONAL CENTRE FOR EARTH SCIENCE STUDIES
          (NCESS) ULLOOR - AKKULAM ROAD,AKKULAM,
          THIRUVANANTHAPURAM,KERALA - 695 011,REPRESENTED BY ITS
          DIRECTOR.
    6     NATIONAL CENTRE FOR SUSTAINABLE COASTAL MANAGEMENT
          MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE(MOEF
          AND CC),ANNA UNIVERSITY CAMPUS,CHENNAI - 600
          025,REPRESENTED BY ITS DIRECTOR.
   ADDL   ADDL.R7 SONY CHEEKU (VIRONY)
    R.7   AGED 53 YEARS
          SON OF XAVIER, PRESIDENT, CHERANALLLOR GRAMA PANCHAYAT,
          KARALTHURA, SOUTH CHITTOOR, PIN-68202.
 W.P.(C) Nos.26055 of 2018 & 26044 OF 2019        2

     ADDL     ADDL.R8 RAJESH VIVEKANAD
      R.8     S/O. NARAYANAN NAIR, AGED 42 YEARS, KAINIMITTATH
              HOUSE THRICHATTUKULAM P.O., PANAVALLY, ALAPUZHA
              DISTRICT - 688 526.
     ADDL     ADDL.R9 L.ANIL
      R.9     S/O. LEKHSHMANAN, AGED 48 YEARS, MELATHIL HOUSE,
              CHANDANATHOPU P.O., KOLLAM DISTRICT - 691014.
     ADDL     ADDL.R10 MARTIN ANTONY
     R.10     AGED 48 YEARS
              PRESIDENT, KUMBALANGHI GRAMA PANCHAYAT OFFICE,
              KALLANCHERI ROAD, KUMBALANGY, ERNAKULAM-682007., PIN
              - 682007
     ADDL     ADDL.R11 SHERLY GEORGE
     R.11     AGED 51 YEARS
              W/O.XAVIER, PRESIDENT, KUMBALAM GRAMA PANCHAYAT
              OFFICE, KUMBALAM, KANAYANNUR TALUK, ERNAKULAM
              DISTRICT - 652 506.
     ADDL     ADDL.R12 YESUDASAN STEPHEN
     R.12     AGED 44 YEARS
              SON OF STEPHEN, VICE PRESIDENT, ANCHUTHENGU GRAMA
              PANCHAYAT, CHILAKKOOR, VALLAKKADAVU ROAD,
              ANCHUTHENGU, KERALA- 695 309. (ADDL.R7 TO R12 ARE
              IMPLEADED AS PER ORDER DATED 22/11/2018 IN
              IA.NOS.6,7,8,9,10 AND 11 OF 2018)
              BY ADVS.

               SHRI.P.VIJAYAKUMAR, ASG OF INDIA FOR R1, R5 & R6
               SRI.M.P.PRAKASH, STANDING COUNSEL FOR R2
               SMT.MINI GOPINATH, CGC FOR R3
               SRI.MANOJ KUMAR, STATE ATTORNEY FOR R4
               SRI.K.R.SUNIL FOR R7, R10, R11 & R12
               SRI.RAJESH S. SUBRAMANIAN FOR R9


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    03.08.2021,       THE     COURT       ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) Nos.26055 of   2018 & 26044 OF 2019          3



                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                                 &
                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
           TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                                  WP(C) NO. 26044 OF 2019
PETITIONERS:

       1       PADMANABHAN
               AGED 73 YEARS
               SON OF AYYARUKUTTY, PULLUTTUSSERY, CHELLATTU BHAGOM,
               ANNAPOORNESWARY WARD NO.23, HOUSE NO.395,PANAVALLY GRAMA
               PANCHAYAT, CHERTHALA TALUK, ALAPUZHA-688 526.
       2       SHIBA,
               AGED 51 YEARS
               WIFE OF LATE MANI, KAITHAVALAPPIL, ANNAPOORNESWARY WARD NO.3,
               PANAVALLY GRAMA PANCHAYAT, CHERTHALA TALUK, ALAPUZHA-688526.
               BY ADV T.S.HARIKUMAR
RESPONDENTS:

       1       STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.
       2       UNION OF INDIA,
               MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
               REPRESENTED BY ITS PRINCIPAL SECRETARY, JOR BHAGH, NEW DELHI
               - 110003
       3       KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
               REPRESENTED BY ITS SECRETARY, DIRECTORATE OF ENVIRONMENT AND
               CLIMATE CHANGE, 4TH FLOOR, KSRTC BUS TERMINAL, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001.
       4       PANAVALLY GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, PANAVALLY GRAMA PANCHAYAT,
               PANAVALLY-688 566.
             W.P.(C) Nos.26055 of 2018 & 26044 OF 2019   4

     5
            NATIONAL CENTRE FOR EARTH SCIENCE STUDIES(NCESS),
            ULLOOR-AKKULAM ROAD, AKKULAM, THIRUVANANTHAPURAM-695 011,
            REPRESENTED BY ITS DIRECTOR.

     6      NATIONAL CENTRE FOR SUSTAINABLE COASTAL MANAGEMENT (NCSCM)
            REPRESENTED BY ITS DIRECTOR, MINISTRY OF ENVIRONMENT, FOREST
            AND CLIMATE CHANGE (ANNA UNIVERSITY CAMPUS, CHENNAI,
            TAMILNADU - 600025.
            BY ADVS.
            SRI.MANOJ KUMAR, STATE ATTORNEY FOR R1
            SSHRI.P.VIJAYAKUMAR, ASG OF INDIA FOR R2
            SRI.M.P.PRAKASH, STANDING COUNSEL FOR R3
            SRI.BRIJESH MOHAN FOR R4
            SRI.R.RAJ PRADEEP FOR R4



     THIS   WRIT   PETITION      (CIVIL)      HAVING    COME   UP   FOR   ADMISSION   ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.26055 of 2018 & 26044 OF 2019          5




                                               JUDGMENT

Dated this the 3rd day of August, 2021.

S. Manikumar, CJ.

In W.P.(C) No.26055 of 2018, petitioner has sought for the following reliefs:

i) To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order commanding respondents 4 and 5 or such other respondents to obtain the Hazard Line demarcated by the Survey of India as contemplated in Exhibit.P7 amendment and prepare fresh Coastal Zone Management Plan of Kerala incorporating the same.

ii) other appropriate writ, direction or order commanding the second and respondents 4 to 6 not to proceed with the preparation of the Coastal Zone Management Plan of Kerala till a final decision is taken on draft CRZ Notification, 2018 [Exhibit.P.6 ] by the first respondent is taken by the 1st respondent;

iii) To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order commanding the third and fourth respondents to prepare the Coastal Zone Management Plan of Kerala identifying the lands on the basis of the description in the Basic Tax Register and other records with the Revenue Department and make classification of the CRZ areas accordingly; iv. To issue a writ, direction or order in the other appropriate writ, direction or order commanding respondents 4 and 5 to categorise those Panchayats' as developed area, CRZ-II in the proposed Coastal Zone Management Plan if more than 50% of its total area is substantially built up or buildable);

W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 6

v) To issue a writ, direction or order in the nature of mandamus commanding the 4 th respondent to make available the Local Level Coastal Zone Management Plans for the use of local bodies and other agencies to facilitate implementation of the Coastal Zone Management Plans in all Panchayats, Municipalities, Municipal Corporations, Public Libraries, in the Kerala High Court Library.

2. In W.P.(C) No.26044 of 2019, petitioners have sought for the following reliefs:

i. Issue a writ, direction or Order in the nature of certiorari quashing the distinction made between developed and less developed areas as CRZ-II and CRZ-III under the CRZ Notification 1991, CRZ Notification 2011, CRZ Notification 2019 being manifestly arbitrary, unreasonable and without any rationale whatsoever, and thus violative of Article 14, 21 and 300-A of the Constitution of India;

ii) Issue an appropriate writ, direction or Order in the nature of Certiorari quashing the threshold of 200 meters as no construction zone for CRZIII areas under the CRZ Notification, 2011 being unreasonable, highly excessive and wholly disproportionate as and thus violative of Article 14 of the Constitution of India; iii. Issue an appropriate writ, direction or Order in the nature of certiorari quashing the blanket categorization of Panchayats under the CZMP, 1996 and CZMP, 2018 as non-est and void ab initio being violative of Articles 14, 21 and 300-A of the Constitution of India;

iv. Issue an appropriate writ, direction or Order in the nature of mandamus directing the first Respondent to conduct a thorough scientific study through an approved agency study on the developments that is being carried out in Panavally Grama Panchayat and categorize the same as a CRZ-Il area with retrospective effect as directed by Exhibit.P.6 Order by considering the detailed Report, Exhibit. P.7;

v) Issue a writ, direction or Order declaring that the Coastal Zone Management Plan prepared by the 1st Respondent as per CRZ Notification, 1991 and CRZ Notification, 2011 demarcating all Panchayats as CRZ-III are invalid, unless and until the changes incorporated by the 1st Respondent as per Exhibit.P.6 are incorporated in it and it is revised;

vi) Issue a writ, direction or Order declaring that the Coastal Zone Management Plan prepared by the 1st Respondent as per CRZ Notification, 1991 and CRZ Notification, 2011 in 1:25000 scale is incomplete and half baked since the Local level CZM maps in 1:4000 scale which is for the use of Local Bodies and other agencies to facilitate implementation of the CZM plans is not prepared by the 1st Respondent. vii. To issue a writ, direction or Order in the nature of mandamus commanding the 1st Respondent to accept Exhibit.P.7 report and make changes in the CZMP prepared under CRZ Notification 2011 and follow the same while preparing the new CZMP as per CRZ, 2019 Notification;

viii. Issue a writ, direction or Order in the nature of mandamus directing, that the CZMP, 1996 is inapplicable to the non-coastal areas including the backwaters as no valid salinity test has been conducted to determine tidal effects; ix. Issue a writ, direction or Order in the nature of quashing the approval letter dated 28.02.2019 by MoEF & CC being without jurisdiction;

x) Issue a writ, direction or Order in the nature of Mandamus directing the Respondent to jointly and/or severally compensate the Petitioners for loss of enjoyment of property, mental distress and emotional agony;

3. As both writ petitions relate to environmental and coastal zone regulation, they

are taken up together. Record of proceedings shows that periodically this Court has W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 8

passed interim orders.

4. On this day, when the matter came up for hearing, inviting attention of this Court

to G.O.(P) No.44/202/ENV dated 1.7.2021, Mr.N.Manoj Kumar, learned State Attorney,

submitted that Government have constituted an expert committee to examine the

discrepancies in the pre-draft Coastal Zone Management Plan submitted to Coastal Zone

Management Authority by the National Centre for Earth Sciences Studies (NCESS) and

rectify the drawbacks. Committee has been constituted for such other works as well. For

brevity, the above said Government Order is extracted hereunder:

KERALA GOVERNMENT

SUMMARY

Environment Department - Coastal Regulation Zone Notification, 2019 based Coastal Zone Management Plan - An expert committee is formed and an Order is issued.

______________________________________________________________

ENVIRONMENT (B) DEPARTMENT

G.O.(P)No. 44/202/ENV Thiruvnananthapuram, Date: 01/07/2021 _______________________________________________________________

Ref: 1. Notification No. G.S.R. 37 (E) dated 18.01.2019 by Ministry of Environment & Forests.

2. Order of the Environment (B) Department, No. 80/2019/Env, dated 20-08-2019

ORDER

Ministry of Environment and Forests has issued the Coastal Regulation Zone W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 9

Notification, 2019 (Ref.1). On the basis of the same National Centre for Earth Sciences Studies have been entrusted with the work of preparation of Coastal Zone Management Plan (Ref: 2).

2. An Expert committee comprising the Additional Chief Secretary, Department of Environment, Sri. P.Z. Thomas, (Managing Director, Environmental Engineers & Consultants Private Limited), Sri. P.B. Sahasranaman, (Narayaneeyam, Chittoor Road, Kochi-682001), is formed and ordered to examine the draft Coastal Management Plan prepared by the National Centre for Earth Sciences Studies and rectify the deficiencies.

3. The Terms of Reference to be considered by the Expert committee is given below.

1. Examine the discrepancies in the pre-draft Coastal Zone Management Plan submitted to Coastal Zone Management Authority by the National Centre for Earth Sciences Studies (NCESS) and rectify the drawbacks.

2. Guidance on steps to be taken to address the difficulties faced by the State through the Coastal Regulation Zone Notification 2019.

3. Recommendations taking into account the findings and recommendations of all previous committees in this regard.

4. Study of judicial declaations, the representation of various stakeholders and suggest appropriate amendments if necessary.

5. Other recommendations that the State Government may consider for the preparation of an error free Coastal Management Plan.

(By order of Governor) Sd/-

Joint Secretary."

W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 10

5. Mr.N.Manoj Kumar, learned State Attorney, further submitted that within three

months from today, the committee would submit a report to the State Government for

the preparation of an error free Coastal Management Plan. He further submitted that

Mr.P.B.Sahasranaman, one of the learned counsel for the petitioner in W.P.(C)

No.26055/2018, has been included in the expert committee.

6. Learned counsel appearing for petitioners have no objection for the disposal of

the instant writ petitions by giving directions to the expert committee to submit a report

to the State Government within three months from today for appropriate action.

Placing on record the above, the instant writ petitions are disposed of. Accordingly,

three months time is granted to the expert committee to submit a report to the State

Government for the preparation of an error free Coastal Management Plan.

Sd/-

MANIKUMAR

CHIEF JUSTICE

Sd/-

                                                         SHAJI P.CHALY

smv                                                           JUDGE
   W.P.(C) Nos.26055 of 2018 & 26044 OF 2019   11



                             APPENDIX OF WP(C) 26055/2018

PETITIONER EXHIBITS

EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE CHIEF SECRETARY, GOVERNMENT OF KERALA, DATED 27.09.1996.

EXHIBIT P2. TREU PHOTOSTAT COPY OF THE CRZ NOTIFICATION, 2011 WITH ALL AMENDMENTS MADE UPTO 6TH MARCH, 2018. EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE COASTAL ZONE MANAGEMENT PLAN OF KERALA FOR THIRUVANANTHAPURAM DISTRICT, JANUARY, 2018 ALONG WITH MAP 1 PREPARED BY 5TH RESPONDENT.

EXHIBIT P4. TRUE PHOTOSTAT COPY OF THE SAID NOTICE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, DATED 05.02.2018.

EXHIBIT P5. TRUE PHOTOSTAT COPY OF THE FINAL ORDER OF THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONE, DATED 23.07.2018.

EXHIBIT P6. TRUE PHOTOSTAT COPY OF THE DRAFT CRZ NOTIFICATION 2018, ISSUED BY THE FIRST RESPONDENT ALONG WITH THE PUBLIC NOTICE, DATED 18.04.2018.

EXHIBIT P7. TRUE PHOTOSTAT COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT PUBLISHED IN THE GAZETTE OF INDIA, NO.3197 (E), DATED 2ND JULY, 2018 AMENDING CRZ NOTIFICATION, 2011.

EXHIBTI P8. TRUE PHOTOSTAT COPY OF THE JUDGMENT RENDERED BY THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN THE CASE OF BLAISY DIXON VS KERALA COASTAL ZONE MANAGEMENT AUTHORITY, APPLICATION NO.4 OF OF 2017, DATED 01.08.2017.

EXHIBIT P9. TRUE PHOTOSTAT COPY OF THE PRINT OUT OF THE NOTICE FOR PUBLIC HEARING ON 16.08.2018 DATED NIL UPLOADED BY THE 2ND RESPONDENT IN THEIR WEB SITE HTTP://KERALACZMA.GOV.IN/HEARING/RECORDS/ THRISSUR/PUB NOT THRISSUR ENG.PDF>ACCESSED ON 24.7.2018 EXHIBIT P10 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER BEFORE THE ENVIRONMENTAL ENGINEER, ENVIRONMENTAL AND CLIMATE CHANGE DEPARTMENT, PALLIMUKKU, PETTA, THIRUVANANTHAPURAM-695 024, DATED 27/08/2018.

EXHIBIT P11 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 30/08/2018 ALONG WITH THE POSTAL RECEIPT.

EXHIBIT P12 TRUE COPY OF THE LETTER SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 12/09/2018.

EXHIBIT P13 TRUE PHOTOSTAT COPY OF THE AFFIDAVIT FILED BY THE STATE OF KERALA, BEFORE THE HONOURABLE SUPREME COURT OF INDIA IN MA. NO.690-692/2017 IN CA NO.12164-12166 OF 2016, DATED 16/02/2018. EXHIBIT P14 TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER, G.O.

(MS)NO.23/2018/TD, DATED 16/03/2018.

EXHIBIT P15 TRUE COPY OF THE MINUTES OF THE 28TH MEETING OF THE KERALA COASTAL ZONE MANAGMENT AUTHORITY, DATED 23/01/2019.

EXHIBIT P16 TRUE COPY OF THE MINUTES OF THE 33RD MEETING OF THE KERALA COASTAL ZONE MANAGMENT AUTHORITY, DATED 18/12/2009.

EXHIBIT P17 TRUE PHOTOSTAT COPY OF THE TABLE-I, SHOWING THE DISTRICT-WISE GRAMA PANCHAYAT, MUNICIPALITIES AND MUNICIPAL CORPORATIONS (BOTH ADJOINING SEA AND WATER BODIES WITH TIDAL INFLUENCE) ALONG KERALA'S COAST (*AREAS NOT HAVING SEA FRONTAGE), SHOWN IN THE KERALA COASTAL ZONE MANAGEMENT PLAN OF KERALA, DECEMBER, 1996.

EXHIBIT P18 TRUE PHOTOSTAT COPY OF THE GO(P) NO.151/2015/LSGD DATED 30/04/2015 NOTIFYING 25 GRAMA PANCHAYATS IN KERALA AS SMALLER URBAN AREAS.

EXHIBIT P19 TRUE PHOTOSTAT COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE TAMIL NADU STATE COASTAL ZONE MANAGEMENT AUTHORITY, DATED 31/01/2008.

EXHIBIT P20 THE DRAFT COASTAL ZONE MANAGEMENT PLAN OF WEST BENGAL, WHICH WAS APPROVED.

EXHIBIT P21 TRUE PHOTOSTAT COPY OF THE COASTAL ZONE MANAGEMENT MAP OF KARNATAKA, OBTAINED FROM THE GOVERNMENT WEB SITE.

EXHIBIT P22 TRUE PHOTOSTAT COPY OF THE EXECUTIVE SUMMARY OF THE COASTAL ZONE MANAGEMENT PLAN FOR 2011 OF THE MIRA BHAYANDAR MUNICIPAL COUNCIL.

W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 13 EXHIBIT P23 DOWNLOADED COPY OF THE GUIDELINES FOR THE UPDATION OF COASTAL ZONE MANAGEMENT PLAN (CZMP) PREPARED AS PER CRZ NOTIFICATION, 2011 TO ALIGN IT WITH CRZ NOTIFICATION, 2019, UPLOADED ON 27- 06-2019, HTTP://MOEF.GOV.IN/WP-

CONTENT/UPLOADS/2019/06/FINAL-CZMP-GUIDELINES.PDF EXHIBIT P24 TRUE PHOTOCOPY OF THE MINUTES OF THE 103RD MEETING OF THE KCZMA, HELD ON 07-06-2019.

EXHIBIT P25 TRUE COPY OF THE LETTER SENT BY 4TH RESPONDENT TO THE PETITIONER, DATED 11/7/2019 EXHIBIT P26 TRUE PHOTOSTAT COPY OF THE LETTER NO.510/A2/2019/KCZMA, DATED 25/6/2019.

EXHIBIT P27 TRUE PHOTOSTATE COPY OF THE D.O. LATTER NO.

B3/47/2017 SENT BY THE 4TH RESPONDENT SRI.P.H.KURIAN ADDITIONAL CHIEF SECRETARY TO THE FIRST RESPONDENT DATED 10.12.2018 FURNISHED TO THE PETITIONER ON THE BASIS OF THE APPLICATION MADE BY THE PETITIONER RESPONDENT EXHIBITS EXHIBIT-R1(A) TRUE COPY OF THE APPROVAL OF UNION CABINET DATED 28/12/2018 EXHIBIT-R1(B) TRUE COPY OF THE CRZ NOTIFICATION DATED 18/01/2019 W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 14

APPENDIX OF WP(C) 26044/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE PETITIONER NO.1 BY THE VILLAGE OFFICER DATED 16.05.2019.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE PETITIONER NO.2 BY THE VILLAGE OFFICER 26.05.2018.

EXHIBIT P3 SOME PHOTOGRAPHS OF THEIR RESIDENTIAL BUILDINGS. EXHIBIT P4 TRUE TYPED COPY OF THE CRZ NOTIFICATION DATED 19.02.1991 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CZMP SHOWING THE MAP NO.32A AND THE RELEVANT PAGES ESSENTIAL FOR THE CASE PERTAINING TO PANAVALLY GRAMA PANCHAYAT.

EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER SENT BY MoEF TO GOVERNMENT OF KERALA DATED 27.09.1996.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE REPORT OF DR/.M.SAMSUDDIN, SCIENTIST G (RETD), MR.B.K.JAYAPRASAD, SCIENTIST-F (RETD), AND MR.RAJU DANIEL, SCIENTIFIC OFFICER (RETD) SCIENTISTS, FORMERLY WORKING IN CENTRE FOR EARTH SCIENCE STUDIES (CESS, NCESS WAS FORMERLY KNOWN AS CESS) AND SOME OF THESE SCIENTISTS WERE PART OF THE TEAM WHICH PREPARED THE CZMP AND THE SAME. EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT APPROVING THE COASTAL ZONE MANAGEMENT PLAN OF KERALA DATED 28.02.2019.

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE AFFIDAVIT FILED BY THE STATE OF KERALA, BEFORE THE HON'BLE SUPREME COURT OF INDIA IN MA NO.690-692/2017 IN CA NO.12164- 12166 OF 2016 DATED 16TH FEBRUARY, 2018.

EXHIBIT P10 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER G.O.

(MS)NO.23/2018/TD DATED 16.03.2018.

EXHIBIT P11 TRUE COPY OF THE MINUTES OF THE 28TH MEETING OF THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY DATED 23.01.2009.

EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE MINUTES OF THE 33RD MEETING OF THE KERALA COASTAL ZONE MANAGMENT AUTHORITY DATED 18.12.2009.

W.P.(C) Nos.26055 of 2018 & 26044 OF 2019 15

EXHIBIT P13 TRUE COPY OF THE REPORT OF THE COMMITTEE CHAIRED BY PROF.M.SWAMINATHAN TO REVIEW THE COASTAL REGULATION ZONE NOTIFICATION 1991, CONSTITUTED BY THE 2ND RESPONDENT DATED FEBRUARY, 2005.

EXHIBIT   P14                 NIL.
EXHIBIT   P14A                THE MINUTES OF THE 18TH MEETING OF NCZMA.
EXHIBIT   P14B                THE MINUTES OF 19TH MEETING OF NCZMA.
EXHIBIT   P15A                TRUE COPY OF THE OFFICE MEMORANDU OF THE 2ND
                              RRESPONDENT DATED 01.07.2011.
EXHIBIT P15B                  TRUE COPY OF THE OFFICE MEMORANDUM OF THE 2ND
                              RESPONDENT DATED 08.08.2011.
EXHIBIT P16                   TRUE COPY OF THE CRZ NOTIFICATION DATED
                              06.01.2011.
EXHIBIT P17                   TRUE PHOTOSTAT COPY OF THE REPORT OF THE EXPERT

COMMITTEE TO EXAMINE SPECIFIC ISSUES IN KERALA STATE RELATING TO COASTAL REGULATION ZONE NOTIFICATION, PROF.N.BALAKRISHNAN NAIR, CHAIRMAN EXPERT COMMITTEE, GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FORESTS DATED 12.03.1997. EXHIBIT P18 TRUE PHOTOSTAT COPY OF THE CRZ NOTIFICATION 2019 ISSUED ON 18.01.2019 ISSUED BY THE 2ND REPSONDENT.

EXHIBIT P19 TRUE PHOTOSTAT COPY OF THE SAC/CESS REPORT, 1995. EXHIBIT P20 TRUE PHOTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENTD ATED 20.08.2019.

RESPONDENT EXHIBITS EXHIBIT R1A TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 2ND RESPONDENT DATED 01/07/2011.

EXHIBIT R1B TRUE COPY OF THE MINUTES OF THE 5TH MEETING OF TECHNICAL SCRUTINY COMMITTEE TO SCRUTINISE THE CZMPS AT NCSCM, CHENNAI DATED 18/02/2019.

EXHIBIT R1C TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 2ND RESPONDENT DATED 07/06/2019.

 
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