No construction should be permitted within No Development Zone (NDZ) except certain facilities essential for permissible activities. Therefore, it is a totally prohibited activity and the CRZ clearance dated mentioning that the site is falling in CRZ-III is illegal. Once it is classified as CRZ-I, no construction activities are permitted as provided in para 3 (xii) under CRZ-I of CRZ Notification, 2011. 2 should not have come to a conclusion that the proposed site is not an active nesting ground and therefore this is a clear non application of mind. In the absence of such study, the respondent No. 2 relying on the letter of the Wild Life Warden, Children's park, Guindy, Chennai has come to a conclusion that the proposed site for construction is not an active nesting ground of Olive Ridley Sea Turtles and no study has been undertaken in this regard with wildlife and environmental experts. In the said area, Olive Ridley Sea Turtles lay eggs during every nesting season as per the figures authenticated by TREE Foundation, an NGO based in Chennai but the respondent No. The appellant further contended that if there is a Turtle nesting ground in any area, such area is ecologically sensitive and plays a role in maintaining the integrity of the coast and classified as CRZ-I under paragraph 7 of the CRZ Notification, 2011. The order states that the Chief Wildlife Warden, Guindy Children's park, Chennai has informed vide letter dated that the proposed site is not an active nesting ground for Olive Ridley Sea Turtles and it is utilised by local fishermen for day to day activities like drying fish and the site is under active human use.ģ. 141, Sadurangapattinam Village, Thirukazhukundram submitted by respondent No. As seen from the impugned order, the District Coastal Zone Management Authority (DCZMA) of Kancheepuram District forwarded a proposal for construction of marine police station at SF No.
Subsequently, the impugned order dated was passed by respondent No. Though it was brought to the notice of the Authorities that no such construction is permissible under CRZ Notification, 2011 on the ground that the site is hardly 10 meters away from Olive Ridley Sea Turtle nest and comes under CRZ-I and therefore no construction activity can ever take place as per the provisions in paragraph 3 (xii) of CRZ I under CRZ Notification, 2011, still the construction was taken up. 141, 76 Sadurangapattinam Village on which is very close and hardly 30 meters away from seashore. Inspite of that, construction activity started at the said site viz., in Survey No. However, the people protested against the construction and made a detailed representation to the District Collector to stop the construction as the people who belong to fisher community, have been using the site for drying the fish-nets and for holding Masimagam festival etc. It is the case of the appellant that a peace meeting was arranged by the Revenue Divisional Officer (RDO), Chengalpattu, Kancheepuram District on 2nd May, 2015 and it was informed in the meeting that a Coast Guard Police Station would be constructed in the said village near seashore and that the people should co-operate. 141, Sadurangapattinam Village, Thirukazhukundram, Kancheepuram District.Ģ. 2 granting clearance under Coastal Regulation Zone (CRZ) Notification, 2011 permitting construction of marine/coastal police station at S.F No. Iyappan, resident of Sadraskuppam, Kalpakkam, Thirukazhukundram Taluk, Kancheepuram District filed this appeal with a prayer to set aside the order dated 3rd November, 2016 passed by respondent No.
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