case study on coastal zone management in india

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Evolution of the Coastal Zone Management Law in India and Its Implementation: Case Study of Mumbai Metropolitan Region, India

2019, Coastal Cities and their Sustainable Future III

The Union of India adopted a comprehensive Environment (Protection) Act in 1986, pursuant to the decision taken at the United Nations Conference on Human Environment held at Stockholm in 1972. However, it was not until 1991 that the first notification of the Government was issued clearly laying down the mitigation measures for extensive depletion of the coastal environment by human activities. This notification also provided elaborate procedures to regulate development of coastal areas. Notification has been amended many times-the last being in January 2019. The notifications from 1991 have majorly affected the high value properties in the coastal cities all along the 7,516 km of the country's coastal stretch. This pinching of the property rights has created multiple pressure points and contrasting vested interests of the property owners, the local governments and the environment activists. Stakeholders have impacted the status of the coastal zones-in its flora, fauna, geographical extensions, social and economic potential and its exploitation. The response has been changes in law, judicial activism, and environmental litigation. Integration of the Coastal Zone Management Plans with the local laws is a major challenge. The Constitution of India provides for both exclusive and shared jurisdiction for the Union, State and Local Governments. This triad of jurisdictions has kept integrated management of the coastal zone at bay-at least at this time. The Mumbai Metropolitan Region is financially the most important region in India. The land value closer to the coast are high and the citizens have high awareness of this unique value. The same level of awareness amongst the non-property owners gives rise to intense slugfest between the stakeholders. This provides a perfect testing ground for success of the CZMPs. This paper critically analyses the evolution of law, its implementation and progressive adaptation. The Pressure-Status-Response (PSR) model will be used to analyse the impact of the law on human environment.

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Man has continually exploited the environment from time immemorial to meet all his needs and desires, from the basic ones of food, water, shelter and clothing to fulfil his penchant for a luxurious life. In the recent past, burgeoning population coupled with modern man’s craving for comfort and luxury has put an intolerable strain on the environment.2 Man has constantly gathering experience as he goes on discovering, inventing, creating and advancing. A man’s capability to use his surroundings, if used wisely, can bring to all people benefit of development and opportunity to enhance the quality of life and if wrongly or needlessly applied, the same power can do incalculable harm to human beings and the environment.3 While academics, media and organizations working for the environment have been trying to get the message across and advocate a more stringent lifestyle, particularly in the developed world, it is now evident that without adequate implementation of law on environment prot...

Dissertation submission in the partial fulfillment of the requirements for the Post-graduate Diploma in Environmental Law in National Law School, Bengaluru. The dissertation engages critically with the effectiveness of the CRZ Notifications and judicial interventions in protection, conservation and regulating developments in the coastal regions of India. The study looks at the genesis and development of the Coastal regulatory mechanism through various statutes, act and notifications promulgated for resolution of various issues in coastal and marine zones. It also delves into coastal zone environmental governance with reference to its obligations to international law conventions and Indian environmental laws and policies. The study reviews consecutive CRZ notification of 1991, 2011 and 2019 with reference to its objectives, structure, institutional mechanism and implementation and issues related to the same. The role of the Indian judiciary in shaping of the notification through its jurisprudence in various cases at Supreme, High Court and National Green Tribunal (NGT) has been discussed for assessing the efficient implementation towards protection and regulation of coastal zones.

The protection of environment is a pressing issue. Every person, organization and institution has an obligation and duty to protect it. Environmental protection encompasses not only bringing down pollution level but also sustainable development and conservation of natural resources and the ecosystem. Today, the necessity of environmental awareness and enforcement is more demanding and urgent than ever before. Despite provisions in Indian Constitution providing for Environmental protection and many statutory provisions, the environment degradation continues.

Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.

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The concept of Environment is not new, it has been derived from ancient Vedas and Upanishads, and classical Greek works. Emperor Ashoka had planted trees to provide oxygen to the pedestrians. That means the Govt. of the third century BC had tried to protect Environment to provide oxygen to the living creatures on the earth. Delhi Sultan Firoz Tughluk had grown orchards and gardens to reduce the impact of carbon dioxide in the atmosphere. The Mughals tried to provide protected drinking water to their citizen with amalgamation of different species of grass with the water. The early East India Company tried to protect Environment by growing large trees. After the independence, the Govt. of India made plan to protect Environment but all the efforts are in vain. After the Stockholm Convention serious efforts have been made by Governments across the world to protect Environment. MC Mehatha an Environmentalist filed several PILS to protect animals in the Zoo and river water from pollution. For the first time, Rajeev Gandhi Govt. had initiated the Ganga Action plan to protect the river Ganga from pollution. The efforts of MC Mehatha are successful with the passing of Acts such as the Water Act, Air Act, and Environment Protection Act. This explanation tried to highlight different laws pertaining to the national and international arena to protect the environment by which human beings can safeguard the Earth Globe. The original intention of this paper is to understand environmental pollution, its impact, and the role of the laws and Governments in the protection of the environment in India.

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Managing the Indian coast in the face of disasters & climate change: a review and analysis of India’s coastal zone management policies

• Published: 18 September 2014
• Volume 18 , pages 657–672, ( 2014 )

Cite this article

• R. R. Krishnamurthy 1 ,
• Rajarshi DasGupta 2 ,
• Ranit Chatterjee 2 &
• Rajib Shaw 2  

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Serious attempts have been made to manage the highly populated Indian coast during the last 25 years in terms of regulating the activities and managing disasters. This has lead to formulation of various policies to maintain environmental quality and sustainably manage the coastal resources. Basically, the coastal zone needs to address the demands of all the stakeholders starting from traditional local communities, administrators, to academic researchers etc. India has faced tremendous challenges in implementing regulatory measures like Coastal Regulation Zone (CRZ) issued in 1991 by demarcating countries coast in to four different zones with provisions and prohibitions for various activities. The concept of Integrated Coastal Zone Management (ICZM) has been taken with the support of spatial decision-support tools derived from satellite data including national programmes on inter-sectoral approaches towards ICZM. 2004 onwards a series of disasters have reminded the necessity of having regulatory measures through implementable approaches. Subsequently, the CRZ 2011 notification has been a new addition to the list of policies using bottom-up approach as a good governance tool. The country has strengthened its potential in coastal management, disaster management and several community based field projects to enhance participation of stakeholders. This paper is aimed to critically review the processes that are made during the last two decades including the future challenges towards sustainable management of coastal zone with special emphasis on the three coastal areas from eastern, western and southern coast of India.

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Acknowledgments

The author (RRK) is thankful to the Kyoto University, Japan, for offering visiting professorship to stay in the Graduate School of Global Environmental Studies (GSGES) and Inter-Graduate School Program for Sustainable Development and Survivable Societies (GSS) during June 2014, which helped to compile this paper. Also he is thankful to the University of Madras for granting permission to avail this programme. The second and third authors thankfully acknowledge the Japanese Government Scholarship for conducting research in Graduate School of Global Environmental Studies in Kyoto University.

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Department of Applied Geology, University of Madras, Chennai, India

R. R. Krishnamurthy

International Environment & Disaster Management Laboratory, Graduate School of Global Environmental Studies, Kyoto University, Kyoto, Japan

Rajarshi DasGupta, Ranit Chatterjee & Rajib Shaw

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Krishnamurthy, R.R., DasGupta, R., Chatterjee, R. et al. Managing the Indian coast in the face of disasters & climate change: a review and analysis of India’s coastal zone management policies. J Coast Conserv 18 , 657–672 (2014). https://doi.org/10.1007/s11852-014-0339-7

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Received : 01 July 2014

Revised : 05 September 2014

Accepted : 07 September 2014

Published : 18 September 2014

Issue Date : December 2014

DOI : https://doi.org/10.1007/s11852-014-0339-7

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