Case Study on Coastal Regulation Zone
Genesis of CRZ rules
Once upon a time, the city of Mumbai used to be adorned by sprawling expanses of mangrove forests at several places where land would meet the sea.
But much of these got slaughtered as the land sharks had their way, and impinged on these mangrove forests in a menacing manner.
This battle was fought (and won) by the builders who turned mangrove swamps to cash by replacing them with buildings, as was done by the promoters of the Bandra Kurla Complex.
Also between 1997 and 1998 about 3,400 square metres of mangrove in Malad, a north Mumbai suburb, was reduced to 1,400 square metres. Gigantic malls came up on the 2,000 square metres that had been filled in rapidly by dumping debris.
During the earlier years of development, there was no law of a substantive nature, which would serve as a deterrent to the destruction of mangroves. Come 1975, and The Maharashtra Urban Areas Preservation of Trees Act was enacted.
Though the context was different, yet, mangroves got covered in it because the very definition of the word 'tree' was extended to every conceivable form of woody vegetation having a long biological life. Unfortunately, this Act was not taken seriously and it was followed more in breach than in compliance.
Further, in the year 1991 the Coastal Regulation Zone (CRZ) Notification was set in place under the stringent provisions contained in the Environment Protection Act 1986. Under provisions of this CRZ Notification, the areas, which were occupied by mangroves, were classified as being in CRZ-I.
This classification made the place very restrictive. In such areas, only those activities, which were related to ports and harbours and those allied with them, were permitted to be constructed. All other activities were banned.
Any violation of these would not only lead to the undoing of the construction but also it that could lead to penal consequences for imprisonment of upto five years, as provided for under section 15 of the Environment Protection Act, 1986.
One of the provisions of the CRZ Notification was to prepare a Coastal Zone Management Plan. An intensive survey was done by the surveyors of Indian Navy for the city of Mumbai for preparing such a plan. A detailed mapping was also done for the areas occupied by mangroves. These were specifically so marked in this plan.
The stipulations contained in the Coastal Zone Management Plan also provided that from the edge of the mangrove boundary as shown in the map prepared after survey, a distance of 50 metres shall be kept as buffer zone where no activity could be permitted.
Unfortunately, as in the case of many other laws, these legal provisions were not followed the way they should have.
It was a common occurrence, where debris would be dumped stealthily in the night or chemicals would be sprayed, so as to kill the mangroves and later on, such land would be taken possession of by those holding vested interests, many a time on behalf of some powerful person or a builder.
Alarmed at such destruction of mangroves various NGOs moved the High Court. In the process, the court came out with stern directives for taking strict action against those who violate the laws relating to the mangroves. Yet it did not have an all-encompassing impact.
Though a couple of FIRs were also registered against those trying to grab the land filled-up with mangroves, yet the clandestine activities of the people holding such vested interests went on.
The problem today is to implement the law for the twin purpose. First, to halt the further destruction of mangroves and to preserve the remaining. But it’s difficult and challenging to rejuvenate the destroyed mangroves. But the critical question is how to recover the land already lost because of indiscriminate and illegal annihilation of precious mangroves.
In the times to come, this critical question shall assume the centre stage if at all it is decided that mangroves have to be brought to its pristine state for the sake of betterment of environment of Mumbai.
Genesis of CRZ rules
Once upon a time, the city of Mumbai used to be adorned by sprawling expanses of mangrove forests at several places where land would meet the sea.
But much of these got slaughtered as the land sharks had their way, and impinged on these mangrove forests in a menacing manner.
This battle was fought (and won) by the builders who turned mangrove swamps to cash by replacing them with buildings, as was done by the promoters of the Bandra Kurla Complex.
Also between 1997 and 1998 about 3,400 square metres of mangrove in Malad, a north Mumbai suburb, was reduced to 1,400 square metres. Gigantic malls came up on the 2,000 square metres that had been filled in rapidly by dumping debris.
During the earlier years of development, there was no law of a substantive nature, which would serve as a deterrent to the destruction of mangroves. Come 1975, and The Maharashtra Urban Areas Preservation of Trees Act was enacted.
Though the context was different, yet, mangroves got covered in it because the very definition of the word 'tree' was extended to every conceivable form of woody vegetation having a long biological life. Unfortunately, this Act was not taken seriously and it was followed more in breach than in compliance.
Further, in the year 1991 the Coastal Regulation Zone (CRZ) Notification was set in place under the stringent provisions contained in the Environment Protection Act 1986. Under provisions of this CRZ Notification, the areas, which were occupied by mangroves, were classified as being in CRZ-I.
This classification made the place very restrictive. In such areas, only those activities, which were related to ports and harbours and those allied with them, were permitted to be constructed. All other activities were banned.
Any violation of these would not only lead to the undoing of the construction but also it that could lead to penal consequences for imprisonment of upto five years, as provided for under section 15 of the Environment Protection Act, 1986.
One of the provisions of the CRZ Notification was to prepare a Coastal Zone Management Plan. An intensive survey was done by the surveyors of Indian Navy for the city of Mumbai for preparing such a plan. A detailed mapping was also done for the areas occupied by mangroves. These were specifically so marked in this plan.
The stipulations contained in the Coastal Zone Management Plan also provided that from the edge of the mangrove boundary as shown in the map prepared after survey, a distance of 50 metres shall be kept as buffer zone where no activity could be permitted.
Unfortunately, as in the case of many other laws, these legal provisions were not followed the way they should have.
It was a common occurrence, where debris would be dumped stealthily in the night or chemicals would be sprayed, so as to kill the mangroves and later on, such land would be taken possession of by those holding vested interests, many a time on behalf of some powerful person or a builder.
Alarmed at such destruction of mangroves various NGOs moved the High Court. In the process, the court came out with stern directives for taking strict action against those who violate the laws relating to the mangroves. Yet it did not have an all-encompassing impact.
Though a couple of FIRs were also registered against those trying to grab the land filled-up with mangroves, yet the clandestine activities of the people holding such vested interests went on.
The problem today is to implement the law for the twin purpose. First, to halt the further destruction of mangroves and to preserve the remaining. But it’s difficult and challenging to rejuvenate the destroyed mangroves. But the critical question is how to recover the land already lost because of indiscriminate and illegal annihilation of precious mangroves.
In the times to come, this critical question shall assume the centre stage if at all it is decided that mangroves have to be brought to its pristine state for the sake of betterment of environment of Mumbai.