Conditions Prescribed under Regulation 52 of the D.C. Regulations for Greater Mumbai, 1991, for the Redevelopment of an existing Cinema/Theatre

[TPB. 43901/1103/CR-53/92/UD-11 (RDP), dated 10.03.1992 (M.G.G. Konkan Division, dated 26th March, 1992, page 381)]

 

Conditions Prescribed:-

 

In accordance with the provisions contained in the second and third proviso to the Regulation No. 52(8)(i) of the said Regulations (DCR, Mumbai), following conditions are prescribed and shall apply in the case of redevelopment of an existing cinema/theatre:-

(I) Seating capacity.— In case of redevelopment of an existing cinema/theatre on a designated/allocated plot, in addition to other users which are to be permitted, a cinema/theatre having seating capacity as specified below shall have to be provided:

Seating capacity of old or existing cinema/theatre Seating capacity to be provided in redevelopment of the cinema/theatre
(a) Cinema/theatre with 1001 seats and above 40% of the number of seats in the old existing cinema/theatre.
(b) Cinema/theatre with 1000 seats or less 33% of the number of seats in the old existing cinema/theatre and in any case not less than 150 seats.
(c) Twin cinema/theatre on one plot Seating capacity in the redevelopment of cinema/theatre shall be based on the percentages in (a) or (b) above to be calculated on the basis of only the cinema theatre, which has large capacity.

Provided that where in a redevelopment proposal, seating capacity, according to the percentages prescribed above, cannot be provided on account of size of the plot, the seating capacity of the redevelopment of the cinema/theatre shall be at 3 sq.m. per seat including parking requirement as prescribed in Table-5 below sub-regulations (3) of Regulation 21 of the said Regulations.

         (II) Closed Cinema/Theatre.—

(i) Redevelopment of an existing cinema/theatre which is authorisedly closed prior to the date of this notification for which redevelopment permission has not been granted and no work started, shall be allowed with a cinema/theatre user, with reduced seating capacity in accordance with condition (i) above, in addition to other permissible users.

(ii) where the redevelopment permission, for an existing cinema/theatre on plot allocated or designated for a cinema/theatre which is authorisedly closed has been already granted retaining existing capacity of the old cinema/theatre, along with other permitted mixed users, but no redevelopment has commenced or where the redevelopment has commenced but not been completed, the redevelopment may be allowed subject to the conditions specified in this Notification.

(iii) Where, the change of user of an existing cinema/theatre on a plot allocated or designated for a cinema/theatre, which is authorisedly closed, has been granted by the Planning Authority prior to the date of this Notification, with other authorised permissible users exclusive of cinema/theatre user, the conditions in this Notification shall not be applicable.

         (III) Redevelopment permission for an existing Cinema/Theatre on a plot allocated/designated for a Cinema/Theatre, granted by Government, but where no such redevelopment commenced till the date of this Notification.— In such cases, where orders of Government in the Urban Development Department have already been issued allowing redevelopment of an existing cinema/theatre on a plot allocated/designated for a cinema/theatre for other permissible users, according to the said Regulations, without providing for cinema/theatre users, and where redevelopment permission has not been granted, or where redevelopment has not commenced, provision shall have to be made in the redevelopment for cinema/theatre user, with a seating capacity of not less than 150 seats irrespective of the provisions in clause (I).

(IV) Land use classification and uses permitted.—

(i) Irrespective of the zone in which the designated plot, where the cinema/theatre is existing, redevelopment shall be allowed, assuming that the said plot is in the Local Commercial Area/Zone (C-1 Zone), and the provisions of Regulation No.53 of the said Regulations shall be applicable subject to other conditions prescribed in this Notification.

(ii) In the wards of the Island City of Bombay, new office user shall not be permitted, in a redevelopment proposal of an existing cinema/theatre. Such office user shall be permitted in combination with the cinema/theatre user only to the extent the latter user was authorisedly in existence before the redevelopment and prior to coming into force of the said Regulations.

(iii) Residential user in combination with that of cinema/theatre in a redevelopment proposal of existing cinema/theatre shall be permissible even in the same building subject to the following:-

(a) redevelopment shall have to conform to such measures (including any special measures) as prescribed by the Municipal Commissioner in regard to fire prevention, protection and safety;

(b) means of escape in the case of an emergency shall have to be provided to the satisfaction of the Municipal Commissioner;

(c) between cinema/theatre development and residential development there shall be effective vertical separation against spread of fire;

(d) separate entry and exit shall be provided for the residential user;

(e) parking requirements as prescribed for each type of user prescribed in the said Regulations shall have to be provided.

The following shall not be permitted in combination with that of a cinema/theatre in the same building:-

(a) Maternity Home and Hospital;

(b) Municipal Primary School;

(c) Secondary School, College, Polytechnic, Technical School;

(d) Bakery, Confectionery, Coal and Firewood shops; and

(e) Any other user as may be deemed fit by the Commissioner.

(V) Floor Space Index.— Irrespective of the zone in which the plot of the existing cinema/theatre is situated, the floor space index for redevelopment of the plot of the cinema/theatre and of other permissible users taken together shall be as follows:-

  (a) Island City of Bombay 1.33
  (b) Suburbs and Extended Suburbs (except ‘M’ Ward) 1.00
  (c) ‘M’ Ward As specified in the said Regulations.

In case of redevelopment of an existing cinema/theatre, permissible users according to the said Regulation shall be allowed within the permissible Floor Space Index, even if the Floor Space Index consumed by the existing cinema/theatre was more than what is stipulated above.  The floor area earlier authorisedly permitted for office user shall be allowed as part of redevelopment.

       (VI) Fire Fighting Provisions.— in case of redevelopment of an existing cinema/theatre on the plot designated/allocated in the Development Plan, the provisions in Regulation No. 43 and Appendix VIII of the said Regulations shall be strictly followed.  In addition, a separate No Objection Certificate shall be obtained from the Chief Fire Officer, Bombay Municipal Corporation for following purposes:-

(a) Provision of effective vertical separation against spread of fire;

(b) Provision of proper means of escape in case of emergency;

(c) Provision of measure for fire prevention and fire protection;

(d) Provision of separate entry and exit for cinema/theatre and other occupancies.

 (VII) Relaxation in cases of redevelopment of an existing cinema/theatre on the plots designated/allocated in the revised development plan of Greater Bombay.— The Municipal Commissioner may exercise the discretionary powers under Regulation 64(b) of the said Regulations wherever need arises only with the prior approval of the Government in such cases.

            (VIII) Applicability of all other regulations.— In addition to the above, the provisions of all other Regulations in the said Regulations shall be applicable in case of redevelopment or users of existing cinema/theatre on land designated/allocated for cinema/theatre.

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(English Translation of the original G.R in Marathi)

                                                                        Author.— Prakash Manohar Chalke

                                                                                                        B.Com. L L.B

                                                                                           Advocate High Court

Translation Copyright:- With the Author

Regarding the implementation of the recommendations of the Afzulpurkar committee vis-à-vis the repairs and re-development of the old and dilapidated tenanted buildings in the suburbs and extended suburbs of Mumbai.

Government of Maharashtra,

Department of Housing,

Government Resolution No:- Mum.E.Du-1098/Pra.Kra.1325 (Part-2)/ Du.Va.Pu-1,

Mantralaya, Mumbai-400  032,

Date:- 31st May, 2006.

Read:- Government Resolution, Department of Housing & Special Assistance.

No. Mum. E. Du- 1298/Pra.Kra. 1325/Du.Va.Pu-1, dated 17th March, 1998.

Preface

Shelter is an important need of human beings. Taking into consideration this factor, programmes for the repairs and re-development of the dilapidated buildings are being undertaken through Mumbai Building Repairs & Re-development Board so as to protect the life and property of the tenants residing in the old and dilapidated tenanted buildings in the island city of Mumbai.

  1. While taking decision on the recommendations of the Sukthankar Committee appointed to speed up the programme of repairs & re-development of the cessed buildings in the island city of Mumbai, a committee under the Chairmanship of Shri. Dinesh Afzulpurkar, former Chief Secretary was proposed to be appointed in pursuance of the Cabinet decision dated 9th December, 1997, to contemplate the advisability of the expansion of the said programme by including therein, the old buildings in the suburbs and extended suburbs and also to suggest due measures.
  1. In pursuance of the said decision a committee under the chairmanship of Shri. Dinesh Afzulpurkar, former Chief Secretary was appointed by the above-referred Government Resolution dated 17.3.1998, to make an exhaustive study of the problems of the tenanted buildings in the suburbs and extended suburbs of Mumbai in their present condition in the matter of repairs and redevelopment thereof. To consider the extension of the Mumbai buildings Repairs & Redevelopment Act and the Board functioning under the said Act, which at present govern the island city of Mumbai, to the suburbs and extended suburbs and if the said extension is advisable then in what manner it should be extended or what alternative measures should be adopted and to make necessary recommendations to the Government in that regard.  Principal Secretary (Urban Development), Secretary (Housing), Commissioner, Municipal Corporation of Greater Mumbai, Deputy Chairman and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Chief Officer, Mumbai Buildings Repairs & Re-development Board were members of the said committee.

Modus operandi of the Committee

  1. The committee held discussions with heads of various departments. Furthermore, the committee invited suggestions from the members of the public regarding the concerned problems and studied 550 representations received from the public. Moreover, the committee ascertained the views of the cooperative housing societies in the suburbs regarding the said problems and their solutions by direct consultations with them or through the good offices of the Department of Cooperation.  After taking into consideration various factors such as the consultations with various heads of departments, representations received from the public, the recommendations made in the reports submitted by former committees such as the Tembe Committee, Kerkar Committee, Dighe Committee, Sukthankar Committee etc., the Committee submitted its report to the Government on 23rd November, 2000.

Consultations with the People’s Representatives regarding the report of the committee

  1. In the context of the recommendations of the Afzulpurkar Committee, debates were held in the legislative Assembly/Legislative Council for over half an hour and questions too were asked on the said subject. With reference to these questions, the Government assured the Houses that consultations would be held with the People’s Representatives from the suburbs and extended suburbs in regard to the recommendations contained in the said report received by it.  In pursuance of the said assurance given by the government the then Hon’ Minister for Housing presided over four meetings with all the concerned members of the Legislative Assembly/Council after furnishing them recommendations of the committee and all other necessary papers.  The views of the Hon’ members of the Legislative Assembly and the Legislative Council were ascertained after taking into consideration the discussions held at these meetings and the views expressed therein by the representatives of the people present.
  1. After taking into consideration the suggestions offered by the People’s Representatives, the government has taken the following decisions regarding the recommendations of the committee.

GOVERNMENT RESOLUTION

The nature of problems facing buildings in the suburbs and extended suburbs

  1. The nature and causes of problems of old and dilapidated buildings in the suburbs and extended suburbs are varied. Old age is not the only cause for dilapidation of some of the buildings in the suburbs, but there are many.  The schedule of work of the sanctioned buildings, unauthorised construction and improper and insufficient maintenance/ repairs are also important causes.  Of the total 64,858 buildings in the suburbs, 45,826 buildings are held on ownership basis, while 19,032 buildings are tenanted buildings.  Of the tenanted buildings about 50% buildings are owned by the Maharashtra Housing and Area Development Authority.  Remaining about 10,000 buildings are tenanted buildings.  The number of tenanted buildings in the suburbs is less than the number of tenanted buildings in the island city.  Measures need to be suggested after considering the circumstances and old age of the buildings held on ownership basis and of the buildings owned by co-operative housing societies.

The experience of repairs and redevelopment in the island city of Mumbai

  1.           The outcome of the working of the Act, which is in force in the island city of Mumbai, for repairs and redevelopment of the cessed buildings and the schemes implemented under that Act, is not notice-worthy.  Therefore, the experience of the tenants of the buildings repaired under this scheme is not heartening.  There are some incidental problems of the redeveloped buildings.  Against this backdrop and considering the fact that the number of tenanted buildings in the suburbs and extended suburbs is less, it would not be advisable to extend and implement the measures, laws and their provisions and the programmes thereunder, which presently govern the cessed buildings in the island city of Mumbai in the same form to the suburbs and the extended suburbs.  Thus considering the problems faced by buildings in the suburbs/extended suburbs and which are held on either ownership basis, tenanted basis or through the co-operative housing society and all factors compatible with the remedial measures, the government has decided not to extend the Act and the Scheme pertaining to the repairs and redevelopment of the old and dilapidated buildings, currently in force in the island city of Mumbai, to the buildings in the suburbs.

The Government has also decided that a proper Scheme for the suburbs and extended suburbs should be effectively implemented.  The details of the remedial measures pertaining to the old and dilapidated buildings in the suburbs and extended suburbs of Mumbai are set out in the following paragraphs.

Regarding survey of buildings in the suburbs and extended suburbs and regarding enforcement of the Redevelopment

  1. As part of the remedial measures for the buildings in the suburbs, the buildings constructed prior to 1990 will be subjected to survey. While conducting survey of the buildings, in addition to the age of buildings, the factors responsible for the deterioration of the buildings will also be ascertained (e.g. Buildings in need of redevelopment, buildings in need of repairs) and the gradation of such building will be prepared by the B.M.C. Thereafter according to the gradation, the lists of buildings as per Ward and Municipal House numbers, will be prepared. In stead of applying the Scheme formulated by the government to all the surveyed buildings in the suburbs at once, it will be applied at the outset to the buildings which are in need of redevelopment within the period of next three years.  Thereafter this scheme will be applied to the other buildings in a phased manner as per their gradation.  The list of the buildings to which the scheme is made applicable will be published after following the due procedure. The buildings which are included in the published list will be applied the Redevelopment Scheme mentioned in paragraph 11 in a phased manner.  The scheme and the conditions governing the buildings, which are in need of repairs and maintenance, are mentioned in other paragraphs.

Regarding principles to be followed in the construction of buildings

  1. The mishaps following building collapses at Navare Apartment-Sion, Ganesh Bhawan-Kalbadevi, Poonam Chambers-Worli, Pravin Shruti-Vile Parle, Sukhsagar-Malad, Govind Tower-Vandre, claimed heavy casualties in addition to loss of property. In that regard the committee appointed under the chairmanship of Shri. K.C. Shrivastava made recommendations regarding preparation of Plans of buildings, their sanction, soil testing and structure of building and also called for prohibition of unauthorised alterations in the buildings during construction of and maintenance of buildings. The Afzulpurkar Committee fully concurred with these recommendations and according to their recommendations following principles and yardsticks are formulated.  The Government hereby orders that the following principles and yardsticks will be scrupulously followed in the construction of buildings.

(a) It will be mandatory to possess proper documents and certificates evidencing occupational/leasehold/ ownership rights in respect of the land where construction of building is proposed.  While considering grant of commencement certificate, it will be obligatory to fulfil this condition. Commencement certificate will not be granted in absence of a long term lease or occupation.

(b) It will be obligatory for the Construction Engineer to conduct soil test, deep drilling test before actual construction and to ascertain the kind of plinth that would be necessary on the basis of these tests.

(c) It will be mandatory to provide for protective layer of minimum 25 MM. to fortify the beams in R.C.C structures of large construction.

(d) The Construction Engineer shall maintain all the papers pertaining to soil testing in the form of permanent record so that if necessary, they will be available for future examination.

(e) It will be mandatory to conduct Destructive Test of the material required for construction.

It will be obligatory for the owner/cooperative housing society to maintain the papers pertaining to matters indicated in clauses (a) to (e) herein, and pertaining to other matters, as part of Record of the building.

Limitations on the Building professionals

  1. The Government has also decided that in order to take action in pursuance of the aforementioned recommendations, it will be mandatory for every building professional to engage and hire for each work, a licensed Supervisor who is a qualified engineer, a licensed architect, a licensed or professional structural engineer, a licensed plumber, licensed electrical engineer and other technical staff. It will be obligatory to furnish the list of such technical staff and the necessary agreements about their appointment in that behalf to the Municipal Corporation for Greater Mumbai.  This technical staff will be held responsible for the work of construction.

The structural inspection of Buildings after a particular period and the method to be followed

  1. It will be obligatory to obtain a structural engineer’s certificate about the structural safety of the building after the building completes a particular period of its life by conducting a structural inspection in order to ascertain whether it is structurally safe or not. It will be the responsibility of the concerned landlord or the cooperative housing society to obtain such certificate after such inspection. It shall be the responsibility of the Municipal Corporation to monitor whether such work is properly carried out. However, considering the fact that this work will add to the burden of the Municipal Corporation, if the work is assigned to their Engineers, the government has accepted the recommendation of the committee to assign the said work of safety inspection of buildings and the issue of certificate to the structural engineers certified by the Municipal Corporation.  For this the Municipal Corporaton shall prepare a list of about 100 to 150 qualified and proper structural engineers.  The main features of the structural safety inspection of the building shall be as follows:-

(a) Structural engineers of experience, noteworthy actions, integrity and actual experience of construction shall be included in the list of structural engineers.  Regulations may be prepared in that regard.

(b) The list of certified structural engineers shall be revised every two years and opportunity shall be given to new structural engineers.

(c) Certification of the buildings, which have completed the life of 15 years, shall be started.

(d) The buildings in the age group of 15- 30 years shall be subjected to certification every five years. Buildings which have completed life of more than 30 years shall be subjected to certification every three years.  In this way it will be possible to exercise proper control over the safety of the buildings throughout their entire life span.

(e) The municipal Corporation shall monitor the work of preparation of list of structural engineers or the institutions, which certify the construction, the work of inspection of buildings through such structural engineers etc. so as to ensure proper maintenance of the buildings.

(ee) Those persons or institutions which do not fulfil the requirement of certification within the prescribed period shall be liable to pay fine. Provision should be made for cancellation of the occupation certificate of the persons or the institutions, which do not pay fine.

(f) Those certified structural engineers whose performance is improper or insufficient shall be dropped from the list and opportunity shall be given to new engineers.

The Department of urban Development shall take prompt action to make necessary provisions in the BMC Act or in the rules framed there under in order to implement the aforementioned things.

Responsibility of the Co-operative Housing Societies and the principles governing the same

  1. The committee considered the financial condition, Buildings Repairs and Maintenance Fund, Sinking Fund and Debt Repayment Fund of the Cooperative housing societies. The committee applied its mind to problems such as the insufficient maintenance of the buildings, paucity of funds for repairs and redevelopment and also to their possible solutions. The committee has recommended effective implementation of the rules as well as necessary changes in the rules in that regard.

The committee has submitted a draft of the proposed amendments to be carried out to the Maharashtra Co-operative Societies Act, 1960 along with this report. These amendments inter-alia include provisions in regard to the functioning of the co-operative housing societies, arrears of their various funds and the recovery thereof, regular control over the business of co-operative housing societies and the appointment of a Manager to deal with the works of recovery, repairs and maintenance etc.

  1. In the context of the recommendations contained in chapter 7 of the Afzulpurkar committee report Department of Co-operation, Marketing & Textiles has given the following remark:-

(a) The concerned officers have already been directed to ensure adoption of the Model Bye-Laws by the co-operative housing societies.  As the model Bye-laws contain provisions for internal working of the societies, it is not necessary to make separate rules for these societies as per the recommendations of the Afzulpurkar Committee.

(b) With regard to recommendations of the committee to make provisions in the parent Act and the rules made there under in respect of the Sinking Fund and Repairs Fund, it is remarked that Model Bye-Laws already contain necessary provisions for contribution to the Sinking Fund (Disbursement of Loan) and the Repairs & Maintenance Fund and that such provisions are sufficient and proper.

(c) With regard to recommendations of the committee for decentralisation of sections of 101 and 156 of the Co-operative Act, it is remarked that Sections 101 and 156 of the Maharashtra Cooperative Societies Act, 1960 contain provisions for recovery of arrears from the members; hence it is not necessary to amend the said Act.  Furthermore, all the Registrars have been directed to dispose of the cases under section 101 within a period of two months.  Under section 156 the Registrars have the power to attach and sell the property of a particular value.  As the Act contains sufficiently stringent provisions for the recovery of arrears, it is not necessary to amend the Act.

(d) With regard to the recommendations of the committee about appointment of Managers to the Co-operative Housing Societies, it is remarked that Co-operative Housing societies are autonomous bodies and if the government interferes to appoint a Manager, it may be challenged in the Courts.  Hence, it would not be advisable for the government to appoint a Manager.

(e) With regard to the recommendations of the committee about amendment in the definitions of Member, Joint Member, Associate Member and sympathiser member and to make it applicable only to co-operative housing societies, it is remarked that definitions of Members etc. as contained in the Maharashtra Co-operative Societies Act, Rules and Model bye-Laws are very clear and need no amendment.

(ee) With regard to the recommendations of the committee about Managers, their powers and duties, it is remarked that Co-operative Housing societies are autonomous bodies; hence, it would not be advisable for the government to appoint a Manager. As such there is no need to carry out amendment to the said Act.

(f) With regard to the recommendations of the committee for making provisions about the Sinking Fund & Maintenance Fund of the Co-operative housing societies and for recovery of the arrears from the members, it is remarked that the said Act, Rules and model bye-laws contain provisions in this regard, hence it is not necessary to carry out amendment to the said Act.

(g) With regard to the recommendations of the committee regarding expulsion of the continuously defaulting member, it is remarked that section 35 of the said Act contains provision regarding expulsion of the continuously defaulting member, hence, it is not necessary to carry out fresh amendment to the said Act.

(h) With regard to the recommendations of the committee regarding internal changes/alterations carried out in the flats and the power of inspection of flats, it is remarked that Bye-Law No.47 of the Model Bye-Laws envisages the member to seek permission of the co-operative housing society before carrying out alterations/additions to his flat. Bye-law No.48 contains provisions for inspection of a member’s flat, to submit a report regarding necessity of repairs and the society carrying out repairs at the expenses of the member.

Against this background the Department of Co-operation, Marketing & Textiles has clarified that there is no need for amendment to the said Act and the rules there under, as suggested by the Afzulpurkar Committee.

Insurance of the buildings in the suburbs and extended suburbs

  1. The committee has recommended that the occupiers of the buildings insure their buildings with a view to ensuring protection of the life and property of the occupiers of the buildings.  It is expected that with a compulsory insurance all attempts would be made to maintain the building in a safe condition. The committee has recommended that for a flat admeasuring about 450 Sq. Ft., the monthly insurance premium should not exceed Rs. 25/—Rs.30/-. The committee has commented that this premium will be affordable to the occupiers.  The government has accepted this recommendation of the committee.
  2. In the context of insuring buildings in the suburbs, Director of Insurance, Government Insurance Fund, Directorate of Insurance, Maharashtra State, had submitted the following proposal:-

(a) For comprehensive insurance of every flat in the buildings (including tenanted and ownership buildings), an yearly premium of Rs. 300/- will be charged.

(b) In the event of injury or loss of life caused by a building collapse, a maximum insurance protection of Rs.50,000/- per person will be available (in stead of Rs- 10,000/-at present ), against yearly insurance premium of Rs. 5,00,000/- (instead of earlier insurance premium of Rs. 5,87,000/-).  The government has sanctioned the said proposal of the Director of Insurance and accordingly the Director shall proceed to act in that regard.

The Scheme of Redevelopment of extremely old/ dangerous buildings declared by the  Municipal Corporation for  Greater Mumbai

  1. The developer/Co-operative Housing Society shall bear the entire cost of the newly constructed building, meant to redevelop old tenanted building. Building receiving incentive floor space index (extra floor space index) shall have to be included in the list published by the government.(In terms of decision no-3 as cited in paragraph-6). From this standpoint the government has approved the recommendation of the committee to grant incentive/extra floor space index.  Accordingly, incentive Floor Space Index will be available over and above the present 1.00 floor space index free of cost.  The said incentive Floor space will vary from building to building according to its prevailing circumstances.  It will be more than 1.00 F.S.I permissible in the suburbs and the extended suburbs. However, the government has decided to limit the total F.S.I to 2.00 after including the extra floor space index available on the plot.  The formula for working out the incentive floor space index is indicated in the Appendix “A” to the said resolution. Independent action is being taken under section 37 of The Maharashtra Regional and Town Planning Act, 1966 to effect necessary changes anticipated for determining this formula.
  1. The government has approved the recommendation made by the committee regarding the premises for determining the incentive floor space index.  These premises are indicated in Appendix “B” to this resolution.
  1. Tenants/occupiers in the old buildings will be provided flats in the new buildings free of cost and on ownership basis.

Regarding telescopic charging of the Property tax

  1. Original tenants of the old buildings will be charged property tax in respect of their flats in redeveloped buildings on telescopic basis along the lines of Slum Rehabilitation Scheme.

Regarding fixation of the cut-off date for determining the number of  tenants

  1. The committee has recommended fixation of some day in the year 1986, in order to check the growth of tenants and to determine the number of genuine tenants while redeveloping old buildings. However, after considering the overall matters the government has decided to fix 23. 11. 2000 as the “Cut-off Date” which is the date on which the committee submitted its report to the government.

Regarding development of ‘Gavthans’

  1. The government has approved the following recommendations of the committee in order to boost the work of redevelopment in the 60 ‘Gavthans’ on the outskirts of Municipal Corporation of Gr. Mumbai.

(a) The approved principles governing the grant of floor space index in the city of Mumbai will be applicable to these ‘Gavthans’.

(b) ‘Gavthans’ shall have only two to three roads of 3.6 Mts. width for traffic purpose.  Attempts should not be made to widen the remaining roads that are already in existence.  These roads can be used for the entry of pedestrians.  Thus, all the plots will become accessible by walk and by vehicle.

(c) It is impossible to keep width of all the roads in conformity with the standards of the Fire Brigade. Hence, it is incumbent for the Fire Brigade to devise some methods for fire fighting in the old ‘Gavthans’.  For this purpose it may resort to modern technology.

(d) For travelling to every plot/destination in the ‘Gavthan’ area, motorable road is not necessary.

(e) Since marginal open space is not available in the ‘Gavthan’, it should not be insisted upon while carrying out development.

In the context of the aforesaid recommendations, Department of urban Development is taking appropriate steps for carrying out necessary amendments to the Development Control Regulation vis-à-vis the ‘Gavthans’.

  1. It has been decided to appoint a work group under the chairmanship of the Commissioner/Add. Commissioner of the Municipal Corporation of Gr. Mumbai to implement this resolution.  The orders for determining the nature and jurisdiction of this work group will be separately issued.
  2. The said Government Resolution has been issued with concurrence of the Department of Urban Development and the Department of Co-operation, Marketing and Textile.
  1. This Government Resolution is available on the web site of the Government of Maharashtra and its computer code number is 20060602172213001.

In the name of and by the order of the Governor of Maharashtra.                                                                                            Sd/-

(N. Ramarao)

Principal Secretary to the Government

C.C:-

  • Secretary to His Excellency the Governor, (By Post)
  • Principal Secretary to the Hon’ Chief Minister,
  • Secretary to the Hon’ Deputy Chief Minister,
  • Personal Assistant to the Hon’ Minister for state (Housing)
  • Private Secretary to the Hon’ Minister for state, Urban Development ,
  • Hon’ Chief Secretary, Maharashtra Government, Mantralaya, Mumbai-400 032,
  • Commissioner, Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400 001,
  • Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra Complex, opposite Pay & Accounts Office, Bandra (East), Mumbai-51,
  • Additional Chief Secretary, Finance Department, Mantralaya, Mumbai- 400 032,
  • Principal Secretary, (1) Department of Urban Development, Mantralaya,  Mumbai-  400  032,

11) Principal Secretary, (2) Department of urban Development,  Mantralaya, Mumbai-

400  032,

12) Secretary, Department of Co-operation, Mantralaya, Mumbai- 400  032,

13) Secretary, Department of relief work and rehabilitation, Mantralaya, Mumbai- 400

032,

14) Secretary, Department of Law and judiciary, Mantralaya, Mumbai- 400  032,

15) Inspector General of Registration, Maharashtra State, New Administrative

Building, ground floor, Pune-411  001,

16) Commissioner of Co-operation and Registrar, Cooperative Societies,

Maharashtra State, Pune,

17) Deputy Chairman and Chief Executive Officer, Maharashtra Housing and Area

Development Authority, Griha Nirman Bhavan, Bandra (East), Mumbai-400  051

18) Director General, Directorate of Information & Public Relations, Mantralaya,

Mumbai- 400  032,

19) Director of Insurance, Government Insurance Fund, Directorate of Insurance,

Maharashtra State, Griha Nirman Bhavan, 1st Floor, Bandra (East), Mumbai- 400

051,

20) Collector, Mumbai City, Old Customs House, Fort, Mumbai-400  001,

21) Collector, Mumbai Suburban District, Bandra (East), Mumbai- 400  051,

22) Chief Officer, Mumbai Building Repairs & Redevelopment Board, Griha Nirman Bhavan, Bandra (East), Mumbai-400 051,

23) Joint Registrar, Co-operative Societies, Malhotra House, opposite G.P.O, Mumbai- 400  001,

24) Chief Engineer, Maharashtra Housing & Area Development Authority, Griha Nirman Bhavan, Bandra (East), Mumbai-400  051,

25) Chief Engineer, (Development Schemes) Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400  001,

26) Chief Engineer, (City) Building Proposals, Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400  001,

27) Director, (Engineering services and projects), Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400  001,

28) Chief Fire Officer, Municipal Corporation for Gr. Mumbai, Fire Brigade Head Quarters, Byculla, Mumbai-400  008,

29) Deputy Chief Engineer (Building Proposals), Mumbai Buildings Repairs & Redevelopment Board, Griha Nirman Bhavan, Bandra (East), Mumbai- 400 051,          30) Deputy Chief Engineer (Redevelopment), Mumbai Building Repairs & Redevelopment Board, Shankar Abaji Palav Marg, Shindevadi, Dadar, Mumbai-14

31) Deputy Chief Engineer, North/South, Mumbai Buildings Repairs & Redevelopment Board, Shankar Abaji Palav Marg, Shindevadi, Dadar, Mumbai-14

32) All karyasans in the Housing Department, Mantralaya, Mumbai-400 032,

33) Nivad Nasti (Du.Va.Pu-1Karyasan) Housing Department, Mantralaya, Mumbai-32

APPENDIX- “A”

Formula for working out incentive floor space index:-

The following formula has been fixed for working out incentive floor space index in the matters of buildings that are redeveloped.  As indicated in the Government Resolution (decision Nos. 3 and 11 as cited in paragraph No.6 of the G.R) this formula will apply only to those buildings, which are notified for redevelopment.  The terms used in this formula are as follows:-

(1) RA= Rehabilitation Area

Rehabilitation Construction Area means, the tally of the floor space of the flats in the use of Persons/families in the buildings + Additional area to the extent of 20% of such area + area under public use.

(2) MV= Market Value

(3) C= Rate of Cost of Construction per square metre.

Formula:-

(4) Incentive Floor Space =           Z        .

(MV- C)

In this formula value of Z is as follows.

(5) (Z = RA x C)

In this formula the premises (Basis) are as follows:-

RA={Rehabilitation construction Area worked out after totaling the floor space of each flat/tenement in the building to be redeveloped and the extra 20% area will be treated as the area of tenement/flat of the tenement holder.  Since walls in the old buildings are of load bearing type, it would be advisable to increase such floor space by 20%. This will be the built-up Area of each flat.

To give benefit of the public space such area will have to be worked out separately. After adding this area to the construction area indicated above, the total construction area required for rehabilitation of tenants/tenement-holders in the redeveloped building will be worked out.  Of course, even in the redeveloped building benefit of the public space will be limited to the public utility. Care should be taken to ensure that no single tenant or person hogs the entire benefit of the area available on account of public space.

(6) MV = Market Value of the construction Area— The Inspector General of Registration for the State of Maharashtra every year publishes a Ready Reckoner.  The rate of flat in terms of sale for each ward or its division in the suburbs of Mumbai as indicated in the Ready Reckoner will be treated as the Market Value of the construction.  Since this rate of market value is as per Ready Reckoner and pre-determined, it will ensure fairness and objectivity in using the formula and in working out the incentive floor space index.

(7) C=Rate of Cost of Construction per square metre.— The Commissioner, Municipal Corporation for Greater Mumbai will determine this rate on the 1st of January every year for that year.  Because of determination of the rate, fairness will be ensured and malpractices will be checked.  In determining the rate of cost of construction per square metre, the Commissioner shall have due regard to the circumstances and the total cost of the project.

(8) Z = Total cost of Rehabilitation project (RA x C)

As indicated in the foregoing paragraph, the incentive floor space available to the developer under this scheme will be as per the following formula:-

Incentive Floor Space =          .      Z        .

(MV- C)

(The definitions of MV and C are given in the foregoing paragraphs)

Floor space worked out by the above formula will be available to the developer/Cooperative Housing Society free of cost over and above the 1.00 permissible F.S.I.

(9) In the above formula, it is presumed that the developer shall bear the entire cost (i.e. 100%) of redevelopment work.  It is expected that 80% to 85% old and dilapidated buildings in the suburbs and extended suburbs, which are in need of redevelopment will participate and take the benefit of this scheme, if the above formula were to be used for redevelopment of old buildings (in need of redevelopment) in the suburbs. Each building will get the incentive floor space index as per the above formula.  Total Floor Space index (inclusive of the incentive floor space index) will be limited to 2.00 F.S.I.

APPENDIX “B”

The premises (Basis) considered by the committee for determining the formula for working out incentive floor space index.

In determining the said formula factors such as the rate of cost of construction fixed by the Municipal corporation, the prevailing market rate of sale (per Sq. metre) for residential user of flat as indicated in the Ready Reckoner, have been considered.  Because of determination of the formula, unnecessary future controversies or difficulties can be averted while sanctioning any scheme.           It will ensure objectivity, fairness and transparency in the Modus Operandi.  It will avert delay in the decision making process.   In using this formula the following premises and ancillary factors are specified.

* The Commissioner, Municipal Corporation of Gr. Mumbai shall declare the rate of cost of construction for rehabilitation on the 1st of January every year. It will be treated as a valid rate.  It would be advisable to declare the rate by dividing Greater Mumbai into 4/5 divisions.

* The developer will have to bear 100% cost of rehabilitation construction in respect of the additional area allotted to the landlord and the resident of the society. Hence, tenement holder will get a flat in the redeveloped building free of cost.

* In computing the cost of construction, the profit of the developer will be pegged at 25% of the cost of rehabilitation construction.  Moreover, 5% of the cost of rehabilitation construction will be added in working out the rate of cost of construction, as incentive to the occupier, landlord of the land/building. This amount will be available to the occupier or landlord towards compensation in respect of land or building.  As indicated above, in determining the rate of cost of construction due regard shall be had to the realistic cost of project and the factors mentioned above.

* For this purpose the rate of sale per Sq. Metre for flats as indicated in the yearly Ready Reckoner should be considered.  This Scheme should be made applicable as per village and case, along the lines of Ready Reckoner, which divides suburbs and extended suburbs into 105 villages.

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CRZ NOTIFICATION—2011

(To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) of dated the 6th January, 2011)

COASTAL REGULATION ZONE NOTIFICATION

MINISTRY OF ENVIRONMENT AND FORESTS

(Department of Environment, Forests and Wildlife)

S.O.19(E).- WHEREAS a draft notification under sub-section (1) of section and clause (V) of subsection (2) of section 3 of the Environment (Protection) Act, 1986 was issued inviting objections and suggestions for the declaration of coastal stretches as Coastal Regulation Zone and imposing restrictions on industries, operations and processes in the CRZ was published vide S.O.No.2291 (E), dated 15th September, 2010.;

AND WHEREAS, copies of the said Gazette were made available to the public on 15th September, 2010.;

AND WHEREAS, the suggestions and objections received from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, with a view to ensure livelihood security to the fisher communities and other local communities, living in the coastal areas, to conserve and protect coastal stretches, its unique environment and its marine area and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming, does hereby, declare the coastal stretches of the country and the water area upto its territorial water limit, excluding the islands of Andaman and Nicobar and Lakshadweep and the marine areas surrounding these islands upto its territorial limit, as Coastal Regulation Zone (hereinafter referred to as the CRZ) and restricts the setting up and expansion of any industry, operations or processes and manufacture or handling or storage or disposal of hazardous substances as specified in the Hazardous Substances (Handling, Management and Transboundary Movement) Rules, 2009 in the aforesaid CRZ.; and

In exercise of powers also conferred by clause (d) and sub rule (3) of rule 5 of Environment (Protection) Act, 1986 and in supersession of the notification of the Government of India in the Ministry of Environment and Forests, number S.O.114(E), dated the 19th February, 1991 except as respects things done or omitted to be done before such supersession, the Central Government hereby declares the following areas as CRZ and imposes with effect from the date of the notification the following restrictions on the setting up and expansion of industries, operations or

processes and the like in the CRZ,-

(i) the land area from High Tide Line (hereinafter referred to as the HTL) to 500 mts on the landward side along the sea front.

(ii) CRZ shall apply to the land area between HTL to 100 mts or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year and distance upto which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Coastal Zone Management Plans (hereinafter referred to as the CZMPs).

Explanation.- For the purposes of this sub-paragraph the expression tidal influenced water bodies means the water bodies influenced by tidal effects from sea, in the bays, estuaries, rivers, creeks, backwaters, lagoons, ponds connected to the sea or creeks and the like.

(iii) the land area falling between the hazard line and 500mts from HTL on the landward side, in case of seafront and between the hazard line and 100mts line in case of tidal influenced water body the word ‘hazard line’ denotes the line demarcated by Ministry of Environment and Forests (hereinafter referred to as the MoEF) through the Survey of India (hereinafter referred to as the SoI) taking into account tides, waves, sea level rise and shoreline changes.

(iv) land area between HTL and Low Tide Line (hereinafter referred to as the LTL) which will be termed as the intertidal zone.

(v) the water and the bed area between the LTL to the territorial water limit (12 NM) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies.

 

  1. For the purposes of this notification, the HTL means the line on the land upto which the highest water line reaches during the spring tide and shall be demarcated uniformly in all parts of the country by the demarcating authority(s) so authorized by the MoEF in accordance with the general guidelines issued at Annexure-I. HTL shall be demarcated within one year from the date of issue of this notification.
  1. Prohibited activities within CRZ,- The following are declared as prohibited activities within the CRZ,-

(i) Setting up of new industries and expansion of existing industries except,-

(a) those directly related to waterfront or directly needing foreshore facilities;

          Explanation:-The expression “foreshore facilities” means those activities permissible under this notification and they require waterfront for their operations such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations and the like.;

(b) projects of Department of Atomic Energy;

(c) facilities for generating power by non-conventional energy sources and setting up of desalination plants in the areas not classified as CRZ-I(i) based on an impact assessment study including social impacts.;

(d) development of green field Airport already permitted only at Navi Mumbai;

(e) reconstruction, repair works of dwelling units of local communities including fishers in accordance with local town and country planning regulations.

(ii) manufacture or handling oil storage or disposal of hazardous substance as specified in the notification of Ministry of Environment and Forests, No. S.O.594 (E), dated the 28th July 1989, S.O.No.966(E), dated the 27th November, 1989 and GSR 1037 (E), dated the 5th December ,1989 except,-

(a) transfer of hazardous substances from ships to ports, terminals and refineries and vice versa;

(b) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and facilities for regasification of Liquefied Natural Gas (hereinafter referred to as the LNG) in the areas not classified as CRZ- I(i) subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas and guidelines issued by MoEF and subject to further terms and conditions for implementation of ameliorative and restorative measures in relation to environment as may be stipulated by in MoEF.

Provided that facilities for receipt and storage of fertilizers and raw materials required for manufacture of fertilizers like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid and the like, shall be permitted within the said zone in the areas not classified as CRZ-I(i).

(iii) Setting up and expansion of fish processing units including warehousing except hatchery and natural fish drying in permitted areas:

(iv) Land reclamation, bunding or disturbing the natural course of seawater except those,-

(a) required for setting up, construction or modernization or expansion of foreshore facilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sea-link, road on stilts, and such as meant for defence and security purpose and for other facilities that are essential for activities permissible under the notification;

(b) measures for control of erosion, based on scientific including Environmental Impact Assessment (hereinafter referred to as the EIA) studies

(c) maintenance or clearing of waterways, channels and ports, based on EIA studies;

(d) measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structures for prevention of salinity ingress and freshwater recharge based on carried out by any agency to be specified by MoEF.

(v) Setting up and expansion of units or mechanism for disposal of wastes and effluents except facilities required for,-

(a) discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(b) storm water drains and ancillary structures for pumping;

(c) treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-I and disposal of treated wastes and effluents;

(vi) Discharge of untreated waste and effluents from industries, cities or towns and other human settlements.  The concerned authorities shall implement schemes for phasing out existing discharge of this nature, if any, within a time period not exceeding two years from the date of issue of this notification.

(vii) Dumping of city or town wastes including construction debris, industrial solid wastes, fly ash for the purpose of land filling and the like and the concerned authority shall implement schemes for phasing out any existing practice, if any, shall be phased out within a period of one year from date of commencement of this notification.

Note:-The MoEF will issue a separate instruction to the State Governments and Union territory Administration in respect of preparation of Action Plans and their implementation as also monitoring including the time schedule thereof, in respect of paras (v), (vi) and (vii).

(viii) Port and harbour projects in high eroding stretches of the coast, except those projects classified as strategic and defence related in terms of EIA notification, 2006 identified by MoEF based on scientific studies and in consultation with the State Government or the Union territory Administration.

(ix) Reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities.

(x) Mining of sand, rocks and other sub-strata materials except,-

(a) those rare minerals not available outside the CRZ area,

(b) exploration and exploitation of Oil and Natural Gas.

(xi) Drawl of groundwater and construction related thereto, within 200mts of HTL; except the following:-

(a) in the areas which are inhabited by the local communities and only for their use.

(b) In the area between 200mts-500mts zone the drawal of groundwater shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries and where no other source of water is available.

Note:-Restrictions for such drawal may be imposed by the Authority designated by the State Government and Union territory Administration in the areas affected by sea water intrusion.

(xi) Construction activities in CRZ-I except those specified in para 8 of this notification.

(xiii) Dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose.

(xiv) Facilities required for patrolling and vigilance activities of marine/coastal police stations.

 

  1. Regulation of permissible activities in CRZ area.- The following activities shall be regulated except those prohibited in para 3 above,-

(i)(a) clearance shall be given for any activity within the CRZ only if it requires waterfront and foreshore facilities;

(b) for those projects which are listed under this notification and also attract EIA notification, 2006 (S.O.1533 (E), dated the 14th September, 2006), for such projects clearance under EIA notification only shall be required subject to being recommended by the concerned State or Union territory Coastal Zone Management Authority (hereinafter referred to as the CZMA).

(c) Housing schemes in CRZ as specified in paragraph 8 of this notification;

(d) Construction involving more than 20,000 sq.mts built-up area in CRZ-II shall be considered in accordance with EIA notification, 2006 and in case of projects less than 20,000 sq.mts built-up area shall be approved by the concerned State or Union territory Planning authorities in accordance with this notification after obtaining recommendations from the concerned CZMA and prior recommendations of the concerned CZMA shall be essential for considering the grant of environmental clearance under EIA notification, 2006 or grant of approval by the relevant planning authority.

(e) MoEF may under a specific or general order specify projects which require prior public hearing of project affected people.

(f) construction and operation for ports and harbours, jetties, wharves, quays, slipways, ship construction yards, breakwaters, groynes, erosion control measures;

(ii) the following activities shall require clearance from MoEF, namely:-

(a) those activities not listed in the EIA notification, 2006.

(b) construction activities relating to projects of Department of Atomic Energy or Defence requirements for which foreshore facilities are essential such as, slipways, jetties, wharves, quays; except for classified operational component of defence projects. Residential buildings, office buildings, hospital complexes, workshops of strategic and defence projects in terms of EIA notification, 2006.;

(c) construction, operation of lighthouses;

(d) laying of pipelines, conveying systems, transmission line;

(e) exploration and extraction of oil and natural gas and all associated activities and facilities thereto;

(f) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants. MoEF may specify for category of projects such as at (f), (g) and (h) of para 4;

(g) Mining of rare minerals as listed by the Department of Atomic Energy;

(h) Facilities for generating power by non-conventional energy resources, desalination plants and weather radars;

(i) Demolition and reconstruction of (a) buildings of archaeological and historical importance, (b) heritage buildings; and buildings under public use which means buildings such as for the purposes of worship, education, medical care and cultural activities;

 

4.2 Procedure for clearance of permissible activities.- All projects attracting this notification shall be considered for CRZ clearance as per the following procedure, namely:-

(i) The project proponents shall apply with the following documents seeking prior clearance under CRZ notification to the concerned State or the Union territory Coastal Zone Management Authority,-

(a) Form-1 (Annexure-IV of the notification);

(b) Rapid EIA Report including marine and terrestrial component except for construction projects listed under 4 (c) and (d)

(c) Comprehensive EIA with cumulative studies for projects in the stretches classified as low and medium eroding by MoEF based on scientific studies and in consultation with the State Governments and Union territory Administration;

(d) Disaster Management Report, Risk Assessment Report and Management Plan;

(e) CRZ map indicating HTL and LTL demarcated by one of the authorized agency (as indicated in para 2) in 1:4000 scale;

(f) Project layout superimposed on the above map indicated at (e) above;

(g) The CRZ map normally covering 7 km radius around the project site.

(h) The CRZ map indicating the CRZ-I, II, III and IV areas including other notified ecologically sensitive areas;

(i) No Objection Certificate from the concerned State Pollution Control Boards or Union territory Pollution Control Committees for the projects involving discharge of effluents, solid wastes, sewage and the like.;

(ii) The concerned CZMA shall examine the above documents in accordance with the approved CZMP and in compliance with CRZ notification and make recommendations within a period of sixty days from date of receipt of complete application,-

(a) MoEF or State Environmental Impact Assessment Authority (hereinafter referred to as the SEIAA) as the case may be for the project attracting EIA notification, 2006;

(b) MoEF for the projects not covered in the EIA notification, 2006 but attracting para 4(ii) of the CRZ notification;

(iii) MoEF or SEIAA shall consider such projects for clearance based on the recommendations of the concerned CZMA within a period of sixty days.

(iv) The clearance accorded to the projects under the CRZ notification shall be valid for the period of five years from the date of issue of the clearance for commencement of construction and operation.

(v) For Post clearance monitoring – (a) it shall be mandatory for the project proponent to submit half-yearly compliance reports in respect of the stipulated terms and conditions of the environmental clearance in hard and soft copies to the regulatory authority(s) concerned, on 1st June and 31st  December of each calendar year and all such compliance reports submitted by the project proponent shall be published in public domain and its copies shall be given to any person on application to the concerned CZMA.

(b) the compliance report shall also be displayed on the website of the concerned regulatory authority.

(vi) To maintain transparency in the working of the CZMAs it shall be the responsibility of the CZMA to create a dedicated website and post the agenda, minutes, decisions taken, clearance letters, violations, action taken on the violations and court matters including the Orders of the Hon’ble Court as also the approved CZMPs of the respective State Government or Union territory.

 

  1. Preparation of Coastal Zone Management Plans,-

(i) The MoEF may obtain the CZMPs prepared through the respective State Government or Union territory;

(ii) The CZMPs may be prepared by the coastal State Government or Union territory by engaging reputed and experienced scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of MoEF and in consultation with the concerned stakeholders;

(iii)The hazard line shall be mapped by MoEF through SoI all along the coastline of the country and the hazard line shall be demarcated taking into account, tide, waves, sea level rise and shoreline changes;

(iv)For the purpose of depicting the flooding due to tides, waves and sea level rise in the next fifty and hundred years, the contour mapping of the coastline shall be carried out at 0.5 m interval normally upto 7 km from HTL on the landward side, and the shoreline changes shall be demarcated based on historical data by comparing the previous satellite imageries with the recent satellite imageries;

(v) Mapping of the hazard line shall be carried out in 1:25,000 scale for macro level planning and 1:10,000 scale or cadastral scale for micro level mapping and the hazard line shall be taken into consideration while preparing the land use plan of the coastal areas;

(vi)The coastal States and Union Territory will prepare within a period of twenty four months from the date of issue of this notification, draft CZMPs in 1:25,000 scale map identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure-I of the notification, which involve public consultation;

(vii) The draft CZMPs shall be submitted by the State Government or Union territory to the concerned CZMA for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986;

(viii) The State Government or Union territory CZMA shall submit the draft CZMPs to MoEF alongwith its recommendations on the CZMP within a period of six months after incorporating the suggestions and objections received from the stakeholders;

(ix) MoEF shall thereafter consider and approve the CZMPs within a period of four months from the date of receipt of the CZMPs complete in all respects;

(x) All developmental activities listed in this notification shall be regulated by the State Government, Union Territory Administration, the local authority or the concerned CZMA within the framework of such approved CZMPs as the case may be in accordance with provisions of this notification;

(xi) The CZMPs shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking revision of the maps following the above procedures;

(xii) The CZMPs already approved under CRZ notification, 1991 shall be valid for a period of twenty four months unless the aforesaid period is extended by MoEF by a specific notification subject to such terms and conditions as may be specified therein.

 

  1. Enforcement of the CRZ, notification, 2011,-

(a) For the purpose of implementation and enforcement of the provisions this notification and compliance with conditions stipulated thereunder, the powers either original or delegated are available under Environment (Protection) Act, 1986 with the MoEF, State Government or the Union territory Administration NCZMA and SCZMAs;

(b) The composition, tenure and mandate of NCZMA and State Government or the Union territory CZMAs have already been notified by MoEF in terms of Orders of Hon’ble Supreme Court in Writ Petition 664 of 1993;

(c) the State Government or the Union territory CZMAs shall primarily be responsible for enforcing and monitoring of this notification and to assist in this task, the State Government and the Union territory shall constitute district level Committees under the Chairmanship of the District Magistrate concerned containing at least three representatives of local traditional coastal communities including from fisherfolk;

(d) The dwelling units of the traditional coastal communities including fisherfolk, tribals as were permissible under the provisions of the CRZ notification, 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union territory CZMAs and the dwelling units shall be regularized subject to the following condition, namely-

(i) these are not used for any commercial activity

(ii) these are not sold or transferred to non-traditional coastal community.

 

  1. Classification of the CRZ:– For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ area shall be classified as follows, namely:-

(i) CRZ-I,–

  1. The areas that are ecologically sensitive and the geomorphological features which play a role in the maintaining the integrity of the coast,-

(a) Mangroves, in case mangrove area is more than 1000 sq. mts, a buffer of 50 meters along the mangroves shall be provided;

(b) Corals and coral reefs and associated biodiversity;

(c) Sand Dunes;

(d) Mudflats which are biologically active;

(e) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas under the provisions of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere Reserves;

(f) Salt Marshes;

(g) Turtle nesting grounds;

(h) Horse shoe crabs habitats;

(i) Sea grass beds;

(j) Nesting grounds of birds;

(k) Areas or structures of archaeological importance and heritage sites.

  1. The area between Low Tide Line and High Tide Line;

(ii) CRZ-II,- The areas that have been developed upto or close to the shoreline.

          Explanation.- For the purposes of the expression “developed area” is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up and has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains;

(iii) CRZ-III,-

Areas that are relatively undisturbed and those do not belong to either CRZ-I or II which include coastal zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas, which are not substantially built up.

(iv) CRZ-IV,-

 

  1. the water area from the Low Tide Line to twelve nautical miles on the seaward side;
  1. shall include the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of tide which is measured as five parts per thousand during the driest season of the year.

(v) Areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities,-

  1. (i) CRZ area falling within municipal limits of Greater Mumbai;

(ii) the CRZ areas of Kerala including the backwaters and backwater islands;

(iii) CRZ areas of Goa.

  1. Critically Vulnerable Coastal Areas (CVCA) such as Sunderbans region of West Bengal and other ecologically sensitive areas identified as under Environment (Protection) Act, 1986 and managed with the involvement of coastal communities including fisherfolk.

 

  1. Norms for regulation of activities permissible under this notification,-

(i) The development or construction activities in different categories of CRZ shall be regulated by the concerned CZMA in accordance with the following norms, namely:-

Note:- The word existing use hereinafter in relation to existence of various features or existence of regularisation or norms shall mean existence of these features or regularisation or norms as on 19.2.1991 wherein CRZ notification, was notified.

 

  1. CRZ-I,-

(i) no new construction shall be permitted in CRZ-I except,-

(a) projects relating to Department of Atomic Energy;

(b) pipelines, conveying systems including transmission lines;

(c) facilities that are essential for activities permissible under CRZ-I;

(d) installation of weather radar for monitoring of cyclones movement and prediction by Indian Meteorological Department;

(e) construction of trans harbour sea link and without affecting the tidal flow of water, between LTL and HTL.

(f) development of green field airport already approved at only Navi Mumbai;

(ii) Areas between LTL and HTL which are not ecologically sensitive, necessary safety measures will be incorporated while permitting the following, namely:-

(a) exploration and extraction of natural gas;

(b) construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA.

(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone;

(d) salt harvesting by solar evaporation of seawater;

(e) desalination plants;

(f) storage of non-hazardous cargo such as edible oil, fertilizers and food grain within notified ports;

(g) construction of trans-harbour sea links, roads on stilts or pillars without affecting the tidal flow of water.

 

  1. CRZ-II,-

(i) buildings shall be permitted only on the landward side of the existing road, or on the landward side of existing authorized structures;

(ii) buildings permitted on the landward side of the existing and proposed roads or existing authorized structures shall be subject to the existing local town and country planning regulations including the ‘existing’ norms of Floor Space Index or Floor Area Ratio:

Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road:

(iii) reconstruction of authorized building to be permitted subject to the existing Floor Space Index or Floor Area Ratio Norms and without change in present use;

(iv) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and facilities for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub-paragraph (ii) of paragraph 3;

(v) desalination plants and associated facilities;

(vi) storage of non-hazardous cargo, such as edible oil, fertilizers and food grain in notified ports;

(vii) facilities for generating power by non-conventional power sources and associated facilities;

 

III. CRZ-III,-

  1. Area upto 200 mts from HTL on the landward side in case of seafront and 100 mts along tidal influenced water bodies or width of the creek whichever is less is to be earmarked as “No Development Zone (NDZ)”,-

(i) the NDZ shall not be applicable in such area falling within any notified port limits;

(ii) No construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification including facilities essential for activities; Construction/reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along the seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in consultation with the traditional coastal communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the concerned State or the Union territory CZMA to NCZMA for approval by MoEF;

(iii) however, the following activities may be permitted in NDZ –

(a) agriculture, horticulture, gardens, pasture, parks, play field, and forestry;

(b) projects relating to Department of Atomic Energy;

(c) mining of rare minerals;

(d) salt manufacture from seawater;

(e) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;

(f) facilities for regasification of liquefied natural gas subject to conditions as mentioned in sub-paragraph (ii) of paragraph 3;

(g) facilities for generating power by non conventional energy sources;

(h) Foreshore facilities for desalination plants and associated facilities;

(i) weather radars;

(j) construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub-station which are required for the local inhabitants may be permitted on a case to case basis by CZMA;

(k) construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee;

(l) facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;

(m) development of green field airport already permitted only at Navi Mumbai.

  1. Area between 200 mts to 500 mts,- The following activities shall be permissible in the above areas;

(i) development of vacant plot in designated areas for construction of hotels or beach resorts for tourists or visitors subject to the conditions as specified in the guidelines at Annexure-III ;

(ii) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;

(iii) facilities for regasification of liquefied natural gas subject to conditions as mentioned in sub-paragraph (ii) of paragraph 3;

(iv) storage of non-hazardous cargo such as, edible oil, fertilizers, food grain in notified ports;

(v) foreshore facilities for desalination plants and associated facilities;

(vi) facilities for generating power by non-conventional energy sources;

(vii) construction or reconstruction of dwelling units so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and gaothans.  Building permission for such construction or reconstruction will be subject to local town and country planning rules with overall height of construction not exceeding 9mts with two floors (ground + one floor);

(viii) Construction of public rain shelters, community toilets, water supply drainage, sewerage, roads and bridges by CZMA who may also permit construction of  schools and dispensaries for local inhabitants of the area for those panchayats, the major part of which falls within CRZ if no other area is available for construction of such facilities;

(ix) re-construction or alteration of existing authorised building subject to sub-paragraph (vii), (viii);

(x) development of green field airport already permitted only at Navi Mumbai.

 

(IV) In CRZ-IV areas,-

The activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by local communities as follows:-

(a) No untreated sewage, effluents, ballast water, ship washes, fly ash or solid waste from all activities including from aquaculture operations shall be let off or dumped.  A comprehensive plan for treatment of sewage generating from the coastal towns and cities shall be formulated within a period of one year in consultation with stakeholders including traditional coastal communities, traditional fisherfolk and implemented;

(b) Pollution from oil and gas exploration and drilling, mining, boat house and shipping;

(c) There shall be no restriction on the traditional fishing and allied activities undertaken by local communities.

  1. Areas requiring special consideration,-
  1. CRZ areas falling within municipal limits of the Greater Mumbai.

(i) Developmental activities in the CRZ area of the Greater Mumbai because of the environmental issues, relating to degradation of mangroves, pollution of creeks and coastal waters, due to discharge of untreated effluents and disposal of solid waste, the need to provide decent housing to the poor section of society and lack of suitable alternatives in the inter-connected islands of Greater Mumbai shall be regulated as follows, namely:-

  1. Construction of roads – In CRZ-I areas indicated at sub-paragraph (i) of paragraph 7 of the notification the following activities only can be taken up:-

(a) Construction of roads, approach roads and missing link roads approved in the Developmental Plan of Greater Mumbai on stilts ensuring that the free flow of tidal water is not affected, without any benefit of CRZ-II accruing on the landward side of such constructed roads or approach roads subject to the following conditions:-

(i) All mangrove areas shall be mapped and notified as protected forest and necessary protection and conservation measures for the identified mangrove areas shall be initiated.

(ii) Five times the number of mangroves destroyed/cut during the construction process shall be replanted.

  1. Solid waste disposal sites shall be identified outside the CRZ area and thereafter within two years the existing conventional solid waste sites shall be relocated outside the CRZ area.

(ii) In CRZ-II areas-

(a) The development or redevelopment shall continue to be undertaken in accordance with the norms laid down in the Town and Country Planning Regulations as they existed on the date of issue of the notification dated the 19th February, 1991, unless specified otherwise in this notification.

(b) SLUM REHABITATION SCHEMES,-

  1. In the Greater Mumbai area there are large slum clusters with lakhs of families residing therein and the living conditions in these slums are deplorable and the civic agencies are not able to provide basic infrastructure such as drinking water, electricity, roads, drainage and the like because the slums come up in an unplanned and congested manner and the slums in the coastal area are at great risk in the event of cyclones, storm surges or tsunamis, in view of the difficulties in providing rescue, relief and evacuation.
  1. To provide a safe and decent dwelling to the slum dwellers, the State Government may implement slum redevelopment schemes as identified as on the date of issue of this notification directly or through its parastatal agencies like Maharashtra Housing and Area Development Authority (MHADA), Shivshahi Punarvasan Prakalp Limited (SPPL), Mumbai Metropolitan Region Development Authority (MMRDA) and the like.:

Provided that,-

(i) such redevelopment schemes shall be undertaken directly or through joint ventures or through public private partnerships or other similar models ensuring that the stake of the State Government or its parastatal entities shall be not less than 51%;

(ii) the Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority;

(iii) it shall be the duty of the project proponent undertaking the redevelopment through conditions (i)(2) above along with the State Government to ensure that all legally regularized tenants are provided houses in situ or as per norms laid down by the State Government in this regard.

(c) REDEVELOPMENT OF DILAPIDATED, CESSED AND UNSAFE BUILDINGS:

  1. In the Greater Mumbai, there are, also a large number of old and dilapidated, cessed and unsafe buildings in the CRZ areas and due to their age these structures are extremely vulnerable and disaster prone and therefore there is an urgent need for the redevelopment or reconstruction of these identified buildings.
  1. These projects shall be taken up subject to the following conditions and safeguards:-

(i) such redevelopment or reconstruction projects as identified on the date of issue of this notification shall be allowed to be taken up involving the owners of these buildings either above or with private developers in accordance with the prevailing Regulation, directly or through joint ventures or through other similar models.

(ii) the Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority

(iii) suitable accommodation to the original tenants of the specified buildings shall be ensured during the course of redevelopment or reconstruction of the buildings by the project proponents, undertaking the redevelopment through condition 2(i) above.

(d) Notwithstanding anything contained in this notification, the developmental activities for slums and for dilapidated, cessed and unsafe buildings as specified at paras (b) and (c) above shall be carried out in an accountable and transparent manner by the project proponents mentioned therein which shall include the following pre-condition measures, wherever applicable;-

1.(i) applicability of the Right to Information Act, 2005 to all redevelopment or reconstruction projects granted clearance by the Competent Authorities;

(ii) MoEF shall issue an order constituting the CPIO and the first Appellate Authority of appropriate ranks in consultation with Government of Maharashtra;

(iii) details of the Slum Rehabilitation Scheme, including the complete proposal and the names of the eligible slum dwellers will be declared suo-moto as a requirement of Section 4 of compliance of the Right to Information Act, 2005 by the appropriate authority in the Government of Maharashtra in one month before approving it;

(iv) the implementing or executing agency at the State Government with regard to projects indicated at sub-item (b) and (c) of item (iii) of sub-paragraph V shall display on a large notice boards at the site and at the office of the implementing or executing agency the names of the eligible builders, total number of tenements being made, names of eligible slum dwellers who are to be provided the dwelling units and the extra area available for free sale.

(v) Projects being developed under sub-items (b) and (c) of item (iii) of sub-paragraph V shall be given permission only if the project proponent agree to be covered under the Right to Information Act, 2005.

  1. MoEF may appoint statutory auditors, who are empanelled by the Comptroller and auditor General (hereinafter referred to as the C & AG) to undertake performance and fiscal audit in respect of the projects relating to redevelopment of dilapidated, cessed and unsafe buildings and the projects relating to Slum Rehabilitation Scheme shall be audited by C&AG.
  1. A High Level Oversight Committee may be set up by the Government of Maharashtra for periodic review of implementation of V(iii)(b) and (c) which shall include eminent representatives of various Stakeholders, like Architects, Urban Planner, Engineers, and Civil Society, besides the local urban bodies, the State Government and the Central Government.
  1. The individual projects under V(iii)(b) and (c) shall be undertaken only after public consultation in which views of only the legally entitled slum dweller or the legally entitled tenant of the dilapidated or cessed buildings shall be obtained in accordance with the procedures laid down in EIA notification, 2006.

(e) In order to protect and preserve the ‘green lung’ of the Greater Mumbai area, all open spaces, parks, gardens, playgrounds indicated in development plans within CRZ-II shall be categorized as CRZ-III, that is, ‘no development zone’.

(f) the Floor Space Index upto 15% shall be allowed only for construction of civic amenities, stadium and gymnasium meant for recreational or sports related activities and the residential or commercial use of such open spaces shall not be permissible.

(g) Koliwada namely, fishing settlement areas as identified in the Development Plan of 1981 or relevant records of the Government of Maharashtra, shall be mapped and declared as CRZ-III so that any development, including construction and reconstruction of dwelling units within these settlements shall be undertaken in accordance with applicable as per local Town and Country Planning Regulations.

(h) Reconstruction and repair works of the dwelling units, belonging to fisher communities and other local communities identified by the State Government, shall be considered and granted permission by the Competent Authorities on a priority basis, in accordance with the applicable Town and Country Planning Regulations.

  1. CRZ for Kerala

In view of the unique coastal systems of backwater and backwater islands alongwith space limitation present in the coastal stretches of the State of Kerala, the following activities in CRZ shall be regulated as follows, namely:-

(i) all the islands in the backwaters of Kerala shall be covered under the CRZ notification;

(ii) the islands within the backwaters shall have 50mts width from the High Tide Line on the landward side as the CRZ area;

(iii) within 50mts from the HTL of these backwater islands existing dwelling units of local communities may be repaired or reconstructed however no new construction shall be permitted;

(iv) beyond 50mts from the HTL on the landward side of backwater islands, dwelling units of local communities may be constructed with the prior permission of the Gram Panchayat;

(v) foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs and the like, may be taken up within 50mts width from HTL of these backwater islands.

  1. CRZ of Goa.-

In view of the peculiar circumstances of the State Goa including past history and other developments, the specific activities shall be regulated and various measures shall be undertaken as follows:-

(i) the Government of Goa shall notify the fishing villages wherein all foreshore facilities required for fishing and fishery allied activities such as traditional fish processing yards, boat building or repair yards, net mending yards, ice plants, ice storage, auction hall, jetties may be permitted by Grama Panchayat in the CRZ area;

(ii) reconstruction, repair works of the structures of local communities including fishermen community shall be permissible in CRZ;

(iii) purely temporary and seasonal structures customarily put up between the months of September to May;

(iv) the eco sensitive low lying areas which are influenced by tidal action known as khazan lands shall be mapped;

(v) the mangroves along such as khazan land shall be protected and a management plan for the khazan land prepared and no developmental activities shall be permitted in the khazan land;

(vi) sand dunes, beach stretches along the bays and creeks shall be surveyed and mapped. No activity shall be permitted on such sand dune areas;

(vii) the beaches such as Mandrem, Morjim, Galgiba and Agonda has been designated as turtle nesting sites and protected under the Wildlife Protection Act, 1972 and these areas shall be surveyed and management plan prepared for protection of these turtle nesting sites;

(viii) no developmental activities shall be permitted in the turtle breeding areas referred to in sub-paragraph (vii).

4.(a) Critical Vulnerable Coastal Areas (CVCA) which includes Sunderbans and other identified ecological sensitive areas which shall be managed with the involvement of the local coastal communities including the fisher folk;-

(b) the entire Sunderbans mangrove area and other identified ecologically important areas such as Gulf of Khambat and Gulf of Kutchchh in Gujarat, Malvan, Achra-Ratnagiri in Maharashtra, Karwar and Coondapur in Karnataka, Vembanad in Kerala, Gulf of Mannar in Tamil Nadu, Bhaitarkanika in Orissa, Coringa, East Godavari and Krishna in Andhra Pradesh shall be declared as Critical Vulnerable Coastal Areas (CVCA) through a process of consultation with local fisher and other communities inhabiting the area and depend on its resources for their livelihood with the objective of promoting conservation and sustainable use of coastal resources and habitats;

(c) the process of identifying planning, notifying and implementing CVCA shall be detailed in the guideline which will be developed and notified by MoEF in consultations with the stakeholders like the State Government, local coastal communities and fisherfolk and the like inhabiting the area;

(d) the Integrated Management Plans (IMPs) prepared for such CVCA shall inter-alia keep in view the conservation and management of mangroves, needs of local communities such as, dispensaries, schools, public rain shelter, community toilets, bridges, roads, jetties, water supply, drainage, sewerage and the impact of sea level rise and other natural disasters and the IMPs will be prepared in line with the para 5 above for preparation of Coastal Zone Management Plans;

(e) till such time the IMPs are approved and notified, construction of dispensaries, schools, public rain shelters, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants shall be permitted on a case to case basis, by the CZMA with due regards to the views of coastal communities including fisherfolk.

[F.No.11-83/2005-IA-III]

  1. M. MAUSKAR, Addl. Secy.

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEXURE I

 

GUIDELINES FOR PREPARATION OF COASTAL ZONE MANAGEMENT PLANS

  1. A. Demarcation of High Tide Line
  1. Demarcation of High Tide Line (HTL) and Low Tide Line (LTL) shall be carried out by one of the agencies authorised by MoEF based on the recommendations of the National Centre for Sustainable Coastal Management (NCSCM).
  1. Demarcation of the High Tide Line or LTL shall be made on the Coastal Zone Management (CZM) Maps of scale 1:25,000 prepared by the agencies identified by the MoEF.
  1. Local level CZM Maps shall be prepared for use of officials of local bodies for determination of the CRZ.
  1. The local level CZM Maps shall be prepared on a Cadastral scale in accordance with the CZM Maps approved by the Central Government.

 

  1. Preparation of CZM Maps
  1. Base Maps of 1:25,000 scale shall be acquired from the Survey of India (SOI) and wherever 1:25,000 maps are not available, 1:50,000 maps shall be enlarged to 1:25,000 for the purpose of base map preparation and these maps will be of the standard specification given below:

Unit : 7.5 minutes X 7.5minutes

Numbering : Survey of India Sheet Numbering System

Horizontal Datum : Everest or WGS 84

Vertical Datum : Mean Sea Level (MSL)

Topography : Topography in the SOI maps will be updated

using latest satellite imageries or aerial photographs

  1. The High Water Level (HWL) and Low Water Level (LWL) marked on the Base maps will be transferred to the CZM maps.
  1. Coastal geomorphological signatures in the field or satellite imageries or aerial photographs will be used for appropriate adjustment, in the HWL or LWL for demarcating HTL or LTL in accordance with the CRZ notification.
  1. The following geomorphological features shall be considered while demarcating in HTL or LTL:-

Landward (monsoonal) berm crest in the case of sandy

beaches

Rocks, Headlands, Cliffs

Seawalls or revetments or embankments

  1. 500 meter and 200 metre lines will be demarcated with respect of HTL.
  1. HTL (as defined in the CRZ notification) and LTL shall also be demarcated in the CZM maps along the banks of tidal influenced inland water bodies with the help of the geomorphological signatures or features.
  1. Classification of different coastal zones shall be done as per the CRZ notification
  1. Standard national or international colour codes shall be used to highlight sub-classification of data.

 

  1. Local level CZM Maps

Local level CZM Maps are for the use of local bodies and other agencies to facilitate implementation of the Coastal Zone Management Plans

  1. Cadastral (village) maps in 1:3960 or the nearest scale, shall be used as the base maps.
  1. These maps are available with revenue Authorities and are prepared as per standard norms.
  1. HTL (as defined in the CRZ notification) and LTL will be demarcated in the cadastral map based on detailed physical verification using coastal geomorphological signatures or features in accordance with the CZM Maps approved by the Central Government.
  1. 500metre and 200metre lines shall be demarcated with respect to the HTL thus marked.
  1. HTL (as defined in the CRZ notification, 1991) and LTL will also be demarcated along the banks of tidal influenced inland water bodies with the help of geomorphological signatures or features.
  1. Classifications shall be transferred into local level CZM maps from the CZM Plans.
  1. Symbols will be adopted from CZM Maps.
  1. Colour codes as given in CZM Maps shall be used.
  1. Demarcation of cadastral maps will be done by local agencies approved by the Central Government. The local agencies shall work under the guidance of the concerned State Government or Union Territory Coastal Zone Management Authorities.

 

  1. Hazard mapping:-

 

  1. Classification of CRZ areas
  1. The CZM Maps shall be prepared in accordance with para 5 of the CRZ notification demarcating CRZ I, II, III, IV and V.
  1. The CZM Maps shall clearly demarcate the land use plan of the area and lists out the CRZ-I areas. All the CRZ-I areas listed under para 7(I)A and B shall be clearly demarcated and colour codes given so that each of the CRZ-I areas can be clearly identified.
  1. Buffer zone along mangrove areas of more than 1000sq mts shall be stipulated with a different colour distinguishing from the mangrove area.
  1. The buffer zone shall also be classified as CRZ-I area.
  1. The hazard line to be drawn up by MoEF shall be superimposed on the CZM maps in 1:25,000 scale and also on the cadastral scale maps.
  1. The CRZ-II areas shall be those areas which have been substantially built-up with a ratio of built-up plots to that of total plots is more than 50%.
  1. In the CRZ areas, the fishing villages, common properties of the fishermen communities, fishing jetties, ice plants, fish drying platforms or areas infrastructure facilities of fishing and local communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastral scale maps. States shall prepare detailed plans for long term housing needs of coastal fisher communities in view of expansion and other needs, provisions of basic services including sanitation, safety, and disaster preparedness.
  1. No developmental activities other than those listed above shall be permitted in the areas between the hazard line and 500mts or 100mts or width of the creek on the landward side. The dwelling unit of the local communities including that of the fishers will not be relocated if the dwelling units are located on the seaward side of the hazard line. The State Government will provide necessary safeguards from natural disaster to such dwelling units of local communities.
  1. The water areas of CRZ IV shall be demarcated and clearly demarcated if the water body is sea, lagoon, backwater, creek, bay, estuary and for such classification of the water bodies the terminology used by Naval Hydrographic Office shall be relied upon.
  1. The fishing Zones in the water bodies and the fish breeding areas shall be clearly marked.
  1. The water area shall be demarcated indicating the pollution levels as per Central Pollution Control Board standards on water quality.
  1. In the CRZ V areas the land use maps shall be superimposed on the Coastal Zone Management Plan and clearly demarcating the CRZ I, II, III, IV.
  1. The existing authorized developments on the sea ward side shall be clearly demarcated.
  1. The features like cyclone shelters, rain shelters, helipads and other infrastructure including road network may be clearly indicated on the CZM Maps for the purpose of rescue and relief operations during cyclones, storms, tsunami and the like.

 

III. CZMPs approved by MoEF in accordance with CRZ notification, 1991,-

  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.

 

 

  1. Public Views on the CZMP.

(a) The draft CZMPs prepared shall be given wide publicity and suggestions and objections received in accordance with the Environment (Protection) Act, 1986. Public hearing on the draft CZMPs shall be held at district level by the concerned CZMAs.

(b) Based on the suggestions and objections received the CZMPs shall be revised and approval of MoEF shall be obtained.

(c) The approved CZMP shall be put up on the website of MoEF, concerned website of the State, Union Territory CZMA and hard copy made available in the Panchayat office, District collector office and the like.

 

  1. Revision of Coastal Zone Management Plans,-
  1. Whenever there is a doubt the concerned State or Union territory Coastal Zone Management Authority shall refer the matter to the National Centre for Sustainable Coastal Management who shall verify the CZMP based on latest satellite imagery and ground truthing.
  1. The rectified map would be submitted to MoEF for its record.

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Annexure-II

List of petroleum and chemical products permitted for storage in [CRZ except CRZ-I(A)]

(i) Crude oil;

(ii) Liquefied Petroleum Gas;

(iii) Motor spirit;

(iv) Kerosene;

(v) Aviation fuel;

(vi) High speed diesel;

(vii) Lubricating oil;

(viii) Butane;

(ix) Propane;

(x) Compressed Natural Gas;

(xi) Naphtha;

(xii) Furnace oil;

(xiii) Low Sulphur Heavy Stock;

(xiv) Liquefied Natural Gas;

(xv) Fertilizers and raw materials for manufacture of fertilizers.

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Annexure-III

 

Guidelines for development of beach resorts or hotels in the designated areas of CRZ-III and CRZ-II for occupation of tourist or visitors with prior approval of the Ministry of Environment and Forests

  1. I. Construction of beach resorts or hotels with prior approval of MoEF in designated areas of CRZ-II and III for occupation of tourist or visitors shall be subject to the following conditions, namely:-

(a) The project proponent shall not undertake any construction within 200 metres in the landward side of High Tide Line and within the area between Low Tide Line and High Tide Line;

(b) The proposed constructions shall be beyond the hazard line or 200mts from the High Tide Line whichever is more;

(c) live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;

(d) no flattening of sand dunes shall be carried out;

(e) no permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts;

(f) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the State Ground Water Authority to the effect that such construction will not adversely affect free flow of groundwater in that area;

(g) the State Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate;

(h) though no construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account;

(i) the total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 percent of the plot size i.e., the Floor Space Index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate vegetal cover;

(j) the construction shall be consistent with the surrounding landscape and local architectural style;

(k) the overall height of construction upto the highest ridge of the roof, shall not exceed 9metres and the construction shall not be more than two floors (ground floor plus one upper floor);

(l) ground water shall not be tapped within 200metre of the High Tide Line; within the 200metre – 500metre zone it can be tapped only with the concurrence of the Central or State Ground Water Board;

(m) extraction of sand, leveling or digging of sandy stretches except for structural foundation of building, swimming pool shall not be permitted within 500metres of the High Tide Line;

(n) the quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central or State Pollution Control Board and under the Environment (Protection) Act, 1986;

(o) necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach;

(p) to allow public access to the beach, at least a gap of 20metres width shall be provided between any two hotels or beach resorts; and in no case shall gaps be less than 500metres apart; and

(q) if the project involves diversion of forestland for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and State laws as applicable to the project shall be met with; and

(r) approval of the State or Union territory Tourism Department shall be obtained.

  1. In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other area as may be notified by the Central or State Government Union territories) construction of beach resorts or hotels shall not be permitted

 

 

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Annexure-IV

 

Form-I for seeking clearance for project attracting CRZ notification

Basic information:

Name of the Project:-

Location or site alternatives under consideration:-

Size of the project (in terms of total area) :-

CRZ classification of the area :-

Expected cost of the project:-

Contact Information:-

 

(II) Activity

  1. Construction, operation or decommissioning of the Project involving actions, which will cause physical changes in the locality (topography, land use, changes in water bodies, and the like)
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

1.1 Permanent or temporary change in land use, land cover or topography including increase in intensity of land use (with respect to local land use plan)
1.2 Details of CRZ classification as per the approved Coastal Zone Management Plan?
1.3 Whether located in CRZ-I area?
1.4 The distance from the CRZ-I areas.
1.5 Whether located within the hazard zone as mapped by Ministry of Environment and Forests/National Disaster Management Authority?
1.6 Whether the area is prone to cyclone, tsunami, tidal surge, subduction, earthquake etc.?
1.7 Whether the area is prone for saltwater ingress?
1.8 Clearance of existing land, vegetation and buildings?
1.9 Creation of new land uses?
1.10 Pre-construction investigations e.g. bore hole, soil testing?
1.11 Construction works?
1.12 Demolition works?
1.13 Temporary sites used for construction works or housing of construction workers?
1.14 Above ground buildings, structures or earthworks including linear structures, cut and fill or excavations
1.15 Underground works including mining or tunneling?
1.16 Reclamation works?
1.17 Dredging/reclamation/land filling/disposal of dredged material etc.?
1.18 Offshore structures?
1.19 Production and manufacturing processes?
1.20 Facilities for storage of goods or materials?
1.21 Facilities for treatment or disposal of solid waste or liquid effluents?
1.22 Facilities for long term housing of operational workers?
1.23 New road, rail or sea traffic during

construction or operation?

1.24 New road, rail, air waterborne or other transport infrastructure including new or altered routes and stations, ports, airports etc?
1.25 Closure or diversion of existing transport routes or infrastructure leading to changes in traffic movements?
1.26 New or diverted transmission lines or pipelines?
1.27 Impoundment, damming, culverting, realignment or other changes to the hydrology of watercourses or aquifers?
1.28 Stream and river crossings?
1.29 Abstraction or transfers of water form ground or surface waters?
1.30 Changes in water bodies or the land surface affecting drainage or run-off?
1.31 Transport of personnel or materials for construction, operation or decommissioning?
1.32 Long-term dismantling or decommissioning or restoration works?
1.33 Ongoing activity during decommissioning which could have an impact on the environment?
1.34 Influx of people to an area in either

temporarily or permanently?

1.35 Introduction of alien species?
1.36 Loss of native species or genetic diversity?
1.37 Any other actions?
  1. Use of Natural resources for construction or operation of the Project (such as land, water, materials or energy, especially any resources which are non-renewable or in short supply):
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

2.1 Land especially undeveloped or agricultural land (ha)
2.2 Water (expected source & competing users) unit: KLD
2.3 Minerals (MT)
2.4 Construction material – stone, aggregates, sand/soil (expected source – MT)
2.5 Forests and timber (source – MT)
2.6 Energy including electricity and fuels (source, competing users) Unit: fuel (MT), energy (MW)
2.7 Any other natural resources (use appropriate standard units)

 

  1. Use, storage, transport, handling or production of substances or materials, which could be harmful to human health or the environment or raise concerns about actual or perceived risks to human health.
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

3.1 Use of substances or materials, which are hazardous (as per MSIHC rules) to human health or the environment (flora, fauna, and

water supplies)

3.2 Changes in occurrence of disease or affect disease vectors (e.g. insect or water borne diseases)
3.3 Affect the welfare of people e.g. by changing living conditions?
3.4 Vulnerable groups of people who could be affected by the project e.g. hospital patients, children, the elderly etc.,
3.5 Any other causes, that would affect local communities, fisherfolk, their livelihood, dwelling units of traditional local communities etc

 

  1. Production of solid wastes during construction or operation or decommissioning (MT/month)
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

4.1 Spoil, overburden or mine wastes
4.2 Municipal waste (domestic and or commercial wastes)
4.3 Hazardous wastes (as per Hazardous Waste Management Rules)
4.4 Other industrial process wastes
4.5 Surplus product
4.6 Sewage sludge or other sludge from effluent treatment
4.7 Construction or demolition wastes
4.8 Redundant machinery or equipment
4.9 Contaminated soils or other materials
4.10 Agricultural wastes
4.11 Other solid wastes
  1. Release of pollutants or any hazardous, toxic or noxious substances to air (Kg/hr)
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

5.1 Emissions from combustion of fossil fuels from stationary or mobile sources
5.2 Emissions from production processes
5.3 Emissions from materials handling including storage or transport
5.4 Emissions from construction activities including plant and equipment
5.5 Dust or odours from handling of materials including construction materials, sewage and waste
5.6 Emissions from incineration of waste
5.7 Emissions from burning of waste in open air (e.g. slash materials, construction debris)
5.8 Emissions from any other sources
  1. Generation of Noise and Vibration, and Emissions of Light and Heat:
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

6.1 From operation of equipment e.g. engines, ventilation plant, crushers
6.2 From industrial or similar processes
6.3 From construction or demolition
6.4 From blasting or piling
6.5 From construction or operational traffic
6.6 From lighting or cooling systems
6.7 From any other sources

 

  1. Risks of contamination of land or water from releases of pollutants into the ground or into sewers, surface waters, groundwater, coastal waters or the sea:
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

7.1 From handling, storage, use or spillage of hazardous materials
7.2 From discharge of sewage or other effluents to water or the land (expected mode and place of

discharge)

7.3 By deposition of pollutants emitted to air into the land or into water
7.4 From any other sources
7.5 Is there a risk of long term build up of pollutants in the environment from these sources?  
  1. Risk of accidents during construction or operation of the Project, which could affect human health or the environment
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

8.1 From explosions, spillages, fires etc from storage, handling, use or production of hazardous substances
8.2 From any other causes
8.3 Could the project be affected by natural disasters causing environmental damage (e.g., floods, earthquakes, landslides, cloudburst etc)?
  1. Factors which should be considered (such as consequential development) which could lead to environmental effects or the potential for cumulative impacts with other existing or planned activities in the locality
Sr. No. Information/Checklist confirmation Yes/No Details thereof (with

approximate quantities /rates,

wherever possible) with source of information data

9.1 Lead to development of supporting lities, ancillary development or development stimulated by the project which could have impact on the environment e.g.:- Supporting infrastructure (roads, power supply, waste or waste water treatment, etc.)

housing development

extractive industries

supply industries

other

9.2 Lead to after-use of the site, which could have an impact on the environment
9.3 Set a precedent for later developments
9.4 Have cumulative effects due to proximity to other existing or planned projects with similar effects

 

III. Environmental Sensitivity

 

Sr.

No.

 

                     Areas Name/

Identity

 

Aerial distance (within 15 km.)

Proposed project location Boundary

1. Areas protected under international conventions, national or local legislation for their ecological, landscape, cultural or other related value
2. Areas which are important or sensitive for ecological reasons – Wetlands, watercourses or other water bodies, coastal zone, biospheres, mountains, forests
3. Areas used by protected, important or sensitive species of flora or fauna for breeding, nesting, foraging, resting, over wintering, migration
4. Inland, coastal, marine or underground waters
5. State, National boundaries
6. Routes or facilities used by the public for access to recreation or other tourist, pilgrim areas
7. Defence installations
8. Densely populated or built-up area
9. Areas occupied by sensitive man made land uses (hospitals, schools, places of worship, community facilities)
10. Areas containing important, high quality or scarce resources (ground water resources, surface resources, forestry, agriculture, fisheries, tourism, minerals)
11. Areas already subjected to pollution or environmental damage. (those where existing legal environmental standards are exceeded)
12. Areas susceptible to natural hazard which could cause the project to present environmental problems (earthquakes, subsidence, landslides, erosion, flooding or extreme or adverse climatic conditions)

 

 

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