MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi, the 11th January, 2002.
S.O. 51(E).- The following draft notification further to amend the
notification of the Government of India in the Ministry of Environment
and Forests number S.O. 114(E), dated, the 19th February, 1991,
which the Central Government proposes to make in exercise of the powers
conferred by sections 3 and 6 of the Environment (Protection) Act, 1986
(29 of 1986) read with clause (c) of sub-rule (3) of rule 5 of the Environment
(Protection) Rules, 1986, is hereby published for information of all persons
likely to be affected thereby, and notice is hereby given that the said
draft notification shall be taken into consideration after the expiry of
a period of sixty days from the date on which copies of the Gazette of
India containing this notification are made available to the public.
Any person desirous of making any suggestion or objection in respect
of the said draft notification may forward the same for consideration of
the Central Government within the period so specified to the Secretary
to the Government of India, Ministry of Environment and Forests, Paryavaran
Bhawan, CGO Complex, Lodhi Road, New Delhi-110003.
Whereas by notification of the Government of India in the Ministry of
Environment and Forests number S.O.114(E), dated, the 19th February,
1991 (hereinafter referred to as the said notification), the Central Government
declared Coastal Stretches as Coastal Regulation Zone (in short 'the said
zone') and restrictions were imposed on setting up and expansion of industries,
operations and processes in the said Zone;
And, whereas, it has been brought to the notice of the Central Government
that difficulties are being faced by the inhabitants of the areas falling
within the said zone and there is a need for infrastructural facilities
in these areas;
And, whereas, the Central Government after consultations with the State
Governments is of the opinion that the said notification requires amendment
to permit construction of dwelling units and development of infrastructural
facilities for the local inhabitants, housing schemes of Urban Development
Authorities which had been approved prior to 19th February,
1991, facilities and activities including setting up of non polluting industries
in the field of information technology and other service industries in
the Special Economic Zones, and salt harvesting by solar evaporation of
sea water in the said zone;
And, whereas, the Central Government is also of the opinion that a time
limit of 90 days from receipt of requisite documents and data may be prescribed
for completing the assessment and 30 days thereafter for conveying the
decision in respect of projects/activities to be located in the said zone;
Now, therefore, in exercise of the powers conferred by sub-section (1)
and clause (v) of sub-section (2) of section 3 and section 6 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes
the following amendments further to amend the said notification, namely:-
In the said notification, -
1. in paragraph 1, in sub-paragraph (3), -
the lines beginning with "For the purposes of this notification" and ending
with "general guidelines issued in this regard", shall be numbered as clause
after clause (I) as so numbered, for the existing Note and the entries
relating thereto, the following clauses shall be substituted, namely:-
metres or the width of the rivers, creeks and backwaters, whichever
is less, for specified stretches, by the Central Government or an authority
designated by it, for permitting construction of dwelling units for local
inhabitants if the following conditions are satisfied, namely:-
The distance from the High Tide Line shall apply to both sides in
the case of rivers, creeks and backwaters and may be modified on
a case to case basis for reasons to be recorded while preparing the Coastal
Zone Management Plans. However, this distance shall not be less than 100
metres or the width of the creek, river or backwater whichever is less.
The distance up to which development along rivers, creeks and backwaters
is to be regulated shall be governed by the distance upto which the tidal
effect of sea is experienced in rivers, creeks or backwaters, as the case
may be, and shall be clearly identified in the Coastal Zone Management
The distance mentioned in clause (II) above, may be reduced to 50
the area is not classified as CRZ-I(i);
the availability of ground water is assured by the concerned authority
in the State/Union territory and proper facilities for treatment and disposal
of waste water and sewage are certified by the concerned local authority;
the proposed construction is not used for any commercial activity; and
at least one of the following conditions is fulfilled :-
the area is classified as (CRZ-II);
the density of population, as per the 1991 census, in the Panchayat/Ward
area is not less than four hundred persons per square kilometre;
the built-up area in the Panchayat/Ward is already one-third or more of
the total area of the Panchayat/Ward;
the coastal land is a barrier island, sand bar or spit sandwiched between
the sea or bay and rivers, creeks and backwaters or between rivers, creeks
and backwaters provided that the average width of the barrier island, sand
bar or spit is less than 1000 metres;
It is an area with an elevation of more than 10 metres from the Mean Sea
Level at any point within 100 metres of the inland tidal water body.
Note : The term local inhabitant used in this clause and elsewhere in
the notification shall be construed as a person or his descendants who
have been inhabiting in the area prior to 19th February, 1991.
2. In the said notification, in paragraph 2, -
"Mining of sands, rocks and other sub-strata materials, except (a)
those rare minerals as prescribed under the Atomic Energy Act, 1962
viz., ilmenite, rutile, zircon, leucoxene and monazite and minerals garnet
and sillimanite occurring in close association thereto, subject to EIA
studies and subject to mining plan being approved by the Atomic Minerals
Directorate for Exploration & Research, and (b) exploration and extraction
of oil and natural gas".
in sub-paragraph (i) the following shall be inserted at the end, namely:-
"and (c) non polluting industries in the field of information technology
and other service industries in the CRZ of Special Economic Zones".
for sub-paragraph (ix), the following shall be substituted, namely:-
Provided that in the Union Territory of the Andaman and Nicobar Islands,
mining of sands may be permitted by the Committee which shall be constituted
by the Lieutenant Governor of the Andaman and Nicobar Islands consisting
of Chief Secretary; Secretary, Department of Environment; Secretary, Department
of Water Resources; and Secretary, Public Works Department. The said Committee
may permit mining of sand from non-degraded areas for construction purposes
from selected sites, in a regulated manner on a case to case basis for
a period upto the 30th day of September, 2002. The quantity
of sand mined shall not exceed the essential requirements for completion
of construction works including dwelling units, shops in respect of half
yearly requirements of 2001-2002 and 2002-2003 annual plans. The permission
for mining of sand may be given on the basis of a mining plan from such
sites and in such quantity which shall not have adverse impacts on the
"The assessment shall be completed within a period of ninety days
from receipt of the requisite documents and data from the project authorities,
and decision conveyed within thirty days thereafter."
in paragraph 3, in sub-paragraph 1, the following shall be inserted at
the end, namely:-
4. in paragraph 3, in sub-paragraph 2, -
(i) The following sub-clauses shall be inserted after sub-clause (iii),
"(iv) Housing schemes in CRZ area;
(v) Mining of rare minerals;
(vi) Specified activities/facilities in SEZ".
(ii) The existing sub-clause (iv) shall be renumbered as '(vii)'.
5. in Annexure I, in paragraph 6, in sub-paragraph (2), -
(i) Under the marginal heading CRZ-I,
(a) The following shall be inserted at the end namely:-
"and (d) salt harvesting by solar evaporation of sea water."
(b) The word "and" before (c) shall be deleted.
(ii) under the marginal heading CRZ-II
the end of the proviso, namely:-
in clause (i), the following additional proviso shall be inserted at
"Provided further that the above restrictions on construction based
on existing/new roads shall not apply to the housing schemes of State Urban
Development Authorities implemented in phases for which construction activity
was commenced prior to 19.2.1991 in atleast one phase and all relevant
approvals from State/Local Authorities were obtained prior to 19.2.1991".
(iii) under the marginal heading CRZ-III, -
(a) In clause (i), after the words 'No Development Zone', the
following proviso shall be added, namely:-
"provided that the said area does not fall within any notified port
limits or any notified Special Economic Zone".
(b) in clause (i), the words beginning with "An authority designated"
and ending with "requirements of local inhabitants." shall be omitted;
(c) after clause (i), the following sub-clauses shall be inserted,
"(ia) Construction of dispensaries, schools, public rain shelters,
community toilets, bridges, roads, and provision of facilities for water
supply, drainage, sewerage which are required for the local inhabitants,
may be permitted, on a case to case basis, by the Central Government or
Coastal Zone Management Authority constituted for the State/Union Territory".
Provided that construction of units or mechanisms for domestic sewage
treatment and disposal shall be permissible notwithstanding anything contained
in sub-paragraph (iv) of paragraph 2 of this notification.
(ib) Construction of dwelling units for use by local inhabitants may
be permitted, on a case to case basis, by the Central Government or the
Coastal Zone Management Authority constituted for the State/Union Territory.
Provided that such construction shall be subject to the following conditions:-
the height of an individual unit shall be restricted to 4.5 m and total
plinth area shall be limited to 100 (one hundred) sq. m.,
the individual dwelling unit must be constructed by the local inhabitant
for his bonafide residential purposes,
where settlements are existing in clusters, new dwellings may be allowed
adjacent to the existing cluster of settlement landward of the line of
existing structure provided that the total number of dwelling units shall
not be more than twice the number of existing dwelling units,
subject to the conditions listed at (i), (ii) and (iii) above, all other
conditions as laid down in clause (iii) of the marginal heading CRZ-III
of sub-paragraph (2) of paragraph 6 relating to construction of dwelling
units shall apply.";
"Provided that the horizontal extension of existing dwelling units may
allowed on the ground floor on the landward side subject to the condition
that the total plinth area of the dwelling unit shall not exceed 100 (one
hundred) square metres.".
In CRZ-III of notified SEZ, construction of recreational facilities
including golf courses, desalination plants, hotels and non polluting
industries in the field of information technology and other service industries
shall be permitted.
in clause (iii), for the words "Construction/reconstruction of dwelling
between 200 and 500 metres of the High Tide Line permitted so long
it is within the ambit of traditional rights and customary uses such as
existing fishing villages and goathans.", the following shall be substituted,
"Construction or reconstruction of dwelling units between 200 (two hundred)
and 500 (five hundred) metres of the High Tide Line for the use of local
inhabitants shall be permitted.";
at the end of clause (iv), the following proviso shall be inserted, namely:-
V. RAJAGOPALAN, Jt. Secy.
The principal notification was published in the Gazette of India vide
number S.O. 114(E), dated, the 19th February, 1991 and subsequently
amended vide :-
(i) S.O. 595 (E) dated 18th August, 1994.
(ii) S.O. 73 (E) dated 31st January, 1997.
(iii) S.O. 494 (E) dated 9th July, 1997.
(iv) S.O. 334 (E) dated 20th April, 1998.
(v) S.O. 873 (E) dated 30th September, 1998.
(vi) S.O. 1122 (E) dated 29th December, 1998.
(vii) S.O. 998 (E) dated 29th September, 1999.
(viii) S.O. 730 (E) dated 4th August, 2000.
(ix) S.O. 900 (E) dated 29th September, 2000.
(x) S.O. 329 (E) dated 12th April, 2001.
(xi) S.O. 988 (E) dated 3rd October, 2001.