Raghu Ramakrishna RajuKanumuru (M.P.) vs State of Andhra Pradesh

I.A. Nos. 117 and 118/2022 have been filed by the A P Tourism Development Corpn. and the State of Andhra Pradesh for vacation of interim order granted by this Tribunal on 06.05.2022.

By the said order, the Tribunal considered the grievance against violation of environmental norms in setting up of the project in CRZ area in violation of CRZ notification 2011. Stand of the PP was that CRZ clearance stood granted by treating the area to be in CRZ II, though as per  CZMP  approved in  1996,  the area was  in CRZ  I/III where  such project  was  not  permissible.  Change  of  classification  was  as  per  the mapping done by Anna University which was not the competent authority for the purpose. As per CRZ Notification, 2011, for change of classification of CRZ area, statutory procedure is laid down as follows:-

“1. While preparing the CZMPs under CRZ notification, 2011 the CZMPs that have been approved under the CRZ Notification, 1991 shall be compared. A justification shall be provided by the concerned CZMA in case the CZMPs prepared under CRZ Notification, 2011 varies with respect to the approved CZMP prepared under CRZ Notification, 1991.”

Since there is nothing to show that the statutory procedure has been followed, the Tribunal considered it necessary to verify such compliance. In absence of evidence of such compliance, the Tribunal found no alternative in permitting the project to proceed in violation of statutory procedure. Relevant extract from the order of Tribunal dated 06.05.2022 is as follows:-

“1to3..xxx…………………………xxx………………………………….xxx

We have duly considered the report and find that though the area is said to be falling in CRZ-II as per mapping been done by Anna University, it needs to be verified whether as per CZMP, the category of the site is CRZ II. Further, we find it necessary to ascertain from an independent Committee whether such project is viable having regard to eco sensitiveness if the Hill, which may be adversely affected by such project.

Accordingly, we constitute a joint Committee of National Coastal Zone Management Authority (NCZMA), AP Coastal Zone Management Authority (APCZMA), National Centre for Sustainable Coastal Management (NCSCM), with APCZMA being nodal agency for coordination and compliance. The Committee may look into the permissible use as per approved CZMP and environmental viability of the project and whether CRZ clearance needs to be revisited. A report may be filed by the Committee within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

Till next date of hearing, no further constructions may be undertaken. Notice be issued to the APTDC and MoEF&CC by email who may file their response, if any, before the next date.”

We have heard Mr. Abhishek Manu Singhvi, Senior Advocate appearing in support of application for vacation of interim order. His submission is that CRZ Clearance has been granted by the MoEF&CC on 19.05.2022, apart from clearances granted by the State Authorities. Halting of project will result in financial loss.

We are unable to accept the submission. There is nothing to show that statutory procedure has been complied in changing classification of CRZ area from CZMP of 1996 by the competent authority. If it is so verified, certainly the Tribunal is bound to consider the said fact on the date fixed. If the project operates, the Tribunal will be faced with fait accompali and these proceedings will be rendered infructuous. Environmental issues are governed by Precautionery principle. Balance of convenience is in favour of holding up the project till verification of its legality. If conversion of category of CRZ is not legal, the project will be per se illegal. Thus, we are unable to accept the prayer to vacation the interim order at this stage.

The I.A.s are accordingly dismissed.