NGT directs all coastal states to join CRZ 2019 challenge

The National Green Tribunal (NGT) Western Zone Bench addressed an application challenging the CRZ Notification 2019. The applicants, represented by Akash Rebello, sought to have the notification declared ultra vires or specific provisions deemed arbitrary and illegal. A larger bench heard the case after a two-member bench of the NGT's Western Zonal Bench issued an earlier order in October 2024.

NGT expands case to all coasts

Initially, the application involved only Maharashtra and Goa, and their Coastal Zone Management Authorities (CZMA). However, given the notification's implications across all coastal states and Union Territories, the NGT examined whether these states and their CZMAs should be included as parties in the case.

Akash Rebello, the applicant's attorney, argued that since the Central Government issued the contested notification, only it needed to be implead. Involving all affected states would delay the adjudication.

Swati Jindal Garg, representing the Ministry of Environment, Forest and Climate Change (MoEF&CC), contended that the case outcome would have nationwide repercussions. Thus, all coastal states and Union Territories affected by the CRZ Notification 2019 should present their views.

The CRZ Notification 2019 regulates coastal zone management across all coastal states, including Maharashtra, Goa, Gujarat, Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, West Bengal, and Odisha, and Union Territories like Puducherry, Daman & Diu, Lakshadweep, and Andaman & Nicobar Islands. It mandates Coastal Zone Management Plans (CZMPs) outlining conservation measures and permissible activities in coastal regions.

NGT mandates inclusion of all stakeholders

The court was informed that several states, including Maharashtra (covering Mumbai and Mumbai Suburban districts), Karnataka, and Odisha, have prepared and implemented their CZMPs according to the 2019 notification. The CZMP for Mumbai City and its suburbs was published on September 29, 2021, and has been in effect since. Karnataka’s CZMP is under legal scrutiny in other cases before the NGT’s Southern Bench.

After reviewing the submissions, the tribunal emphasized that this case is being heard five years after the notification's issuance, during which several states have acted based on its provisions. Given the advanced implementation stage and the impact on coastal management authorities, the NGT concluded that including the concerned coastal states and Union Territories as parties to the litigation is essential.

The court underscored the necessity to uphold the Principles of Natural Justice, ensuring all stakeholders affected by the judgment have a fair chance to be heard. Accordingly, the NGT directed the inclusion of coastal zone management authorities from all relevant states and Union Territories in the proceedings, including Gujarat, Tamil Nadu, Andhra Pradesh, West Bengal, Puducherry, Lakshadweep, and Andaman & Nicobar Islands.

The tribunal directed the impleadment of key officials, including the Secretary of the Ministry of Earth Sciences and the Secretary of the Island Development Authority. All newly added respondents must file affidavits and submit responses before the next hearing on December 19, 2024.

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