Tidal Waterbodies: Abandoned Children of the Coast

8/9/2019 Tidal Waterbodies: Abandoned Children of the Coast

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Tidal Waterbodies:Abandoned Ghildren of the Goast

Published by EQUATIONS in March,2000Write to us at:EQUATTONSEquitable Tourism OptionsPost Bag No.75l2Bangalore - 560 075Telefax: + 9l-80-528 23 | 3E-mail: coast@equitabletou rism.orgVisit us at: http://www.equ itabletou rism.org


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Equitable Tourism OptionsEQUATIONS is a non-profit organisation established in 1984. EQUATIONS is the onlynon-Sovernmental organisation in India, working exclusively on the impact of tourism.Designed to critically understand and react to the effects of thoughtless and insensitiveuse of tourism as a developmental instrument by the State and the industry, EQUATIONShas been instrumental in creating a critical debate on tourism development in India. Wework towards transforming the inherently exploitative nature of mass commercial tourism.We questicrn the real benefits of tourism to the host communities as well as its socio-cultural and econonric impacts. Our activities include documentation, publication, research,seminars and the investigation of alternative tourism policies and structures.


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ContentsPreface

lntroduction

The KallayiPuzha

The Parvathi Puthen Ar

ConclusionRecommendations

Annexure I

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Proposed amendment to the Coastal Regulation Zone Notification 1991 ,dated Srh August, 1999


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PrefaceEQUATIONS- Equitable Tourism Options has been involved in issues relating to the coast, rangingfrom those of the environment, to the concerns of local peoples. It looks at the various issues thatarise in the context of changing patterns of the economy, and society, and the entry of new industriessuch as tourism, into the arena, as well as the changing role of the State.

The impact of these changes needs to be documented, and analysed, in order to arrive at theaccurate picture of development and its effects, vis-d-vis the coast. This analysis is done through anevaluation of the existing situations in the backdrop of the laws dealing with the Coast. Towards this,EQUATIONS has taken up a process of monitoring various parts of the Coast of India, with a viewto highlighting non-implementations of the law which seeks to protect the coastal areas, as well asprovide an analytical overview of both law and reality.

This document is the result of monitoring and analysis of the situation of rivers, backwaters, andother tidal influenced water bodies in the State of Keralam. The law follows a segregated approachin dealing with coastal water bodies. Despite the protection accorded, these waterbodies are underthe pressure of development. The need therefore arises to examine the 'protected' status of thesewaterbodies in practice. This snrdy has been based on two such waterbodies, and serves as anindicator of the various issues which surface, with regard to this particular aspect of the Coast.Malabar Coastal Institute for Training, Research and Action (MCITRA) Kozhikode, The Dialogue,Kozhikode and Thanal Conservation Action & Information Network, Thiruvananthapuram haveparticipated in this study.

This study is part of the Coastal Zone Watch programme of EQUATIONS that is supported byICCO of Netherlands.

EOUATIONS team


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=ntroductionCoastal areas are among the most sensitive and dynamic of environmental systems.They are also unique in that they take into their eco-s)rstem various geo-physicalfeatures, such as rivers, estuaries and other waterbodies. These features, thoughhaving individual eco-systems of their own, largely affect and influence the coastaleco-system. From the social as well economic point of view also these rivers,backwaters and other waterbodies have a significant role in the lives of communitieswho are directly dependent on them. The mangroves systems, that are an integralpart of bacharaters and riverbanks, are one of the most productive regions on earth.The well being of these regions means a healthy population in and around them,since these are also regions of agriculture, fishing and basic needs like drinking waterand inland transport.The recent times is witnessing alarming destruction of these systems. Major threatsare construction of highways and railways, urbanisation, tourism and industrialisation.Obstructions to the natural flow of rivers and other waterbodies; reclamation ofbackwaters, wetlands and deforestation of mangroves for construction activities;eutrophication and pollution, are ringing the death knells of these life-suppoftingsystems.

ln Keralam, for example, what was 70000 hectares of mangrove forests a couple ofdecade ago has now been reduced to less than a meager 700 ha, backwaters from55000 ha. to 30000 ha. and salt-water marshes and waterbodies form 242000 ha. toan alarming 65200 ha. These rich aquasystems were supported by the 4 | west flowingrivers originating from the Western Ghats of the state. Dams and sand mining fromriverbeds have reduced these rivers to pathetic states, aparc from the pollution andsewage discharged into them. However far upstream these damages are occurring,ultimately the effect ends up in the Arabian Sea, polluting and destroying the coaston |ts way.

The PremiseThese facts are recognised, and measures of protection to some extent, are foundin the Coastal Regulation Zone Notification 1991, (CRZ) which is the law dealingwith the protection, regulation and management of the Coastal areas. The CRZdeals with these waterbodies as follows:

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.... the Central Government hereby declares the coastal stretches of seas,bays, estiaries, creeks, rivers and backwaters which are influenced by tidalaction (in the landward side) upto 500 metres from the High tide line (HfL)and the land between the Low Tide Line (LTL) and the HTL as CoastalRegulation Zone......

It further adds:.... The disance from the High Tide line shall apply to both sides in the caseof rivers, creeks and backwaters and may be modified on a case by casebasis for reasons to be recorded while preparing the Coastal ZoneManagement Plans. Howeven this disance shall not be less than 100 metresor the width of the creek, river or backwater whichever is less. The distanceupto which development along riverc, creek and backwaters is to be regulatedshall be governed by the distance upto which the tidal effect of sea isexperienced in rivers, creeks or backwaters, as the case may be, and shouldbe clearly identifred in the Coasal Zone Management Plans.

Ever since this protection was provided to the tidal influenced waterbodies, especiallyto rivers, there has been a hue and cry that this shall hinder all developmentalactivities. Each of the coastal state governments too had attempted to introducetheir own regulations for such areas. Keralam, for example, in its CZMP, providedonly 50 mteres 'No Development Regulation' along the banks of rivers. Bowingdown to pressures, the Ministry of Environment and Forests (MoEF), amended theregufation to 50 metres from 100 metres by a notification dated 16.8.1994. This waschallenged in the Supreme Court and restored back to | 00 metres by order dated18.4.1996. At present this debate has surhced again in the form of a draft notificationthat reduces the distance to 50 metres.This and other aspects of the regulation, seem to afford verT little protection torivers and other tidal influenced waterbodies. The regulation seems to be very unclearas to what parts of the river are protected, and excludes the riverbed from thepuruiew of the CRZ. Moreover, the regulation adops an extremely segregatedapproach to the issue of rivers in the CRZ. Not only does it limit the protectionaccorded to them, but it also does not seem to take into consideration the dynamicsof the eco-system, between the coast and the river areas. For this reason, it makes ademarcation between the river to the extent that it is influenced by tidal ingress, andthe river in its entirety. The CRZ has forgotten that pressures and degradation of


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=he river in its upper reaches, literally, flow down to its coastal stretch. Pollution iscarried along ly the river, and may be sedimented along the estuarine stretches, oreven carried into the sea. The segregated approach does not protect the rivers orthe coast effectively.

Moreover, the rivers that do full into the restricted definition as adopted by theCRZ are also not effectively protected. The implementation of the law is neglectedand monitoring systems poor, affecting the waterbody, and by that, the protectionof the coastal eco-system.

The need for monitoringThis study is taken up in order to demonstrate in practice the extent to which theinefficacy of the law affects adversely the environment and eco-sysrem. The law, andthe issues raised, have very important application in the context of the State ofKeralam, since the state has an extensive and interconnected system of backwaters,rivers and other waterbodies which are greatly influenced by rhe oceanic tide.In this context" two waterbodies are studied, the Kallayi River, and the ParvathiPuthen Ar. These waterbodies are representative of the many found in the state.The Kallayi River is in the north of the state while the Parvathi Puthen Ar in thesouth. Again while the Kallayi River is a natural river, Paruathi Puthen Ar is a human-made canal. Both these have had a very important role to play in the trade anddevelopment of the state. They are also representations of the nature-human bondof a bygone era when compared to the sheer exploitation and greed of our times.

The MethodologyIn both cases, the water body has been monitored, and various violations of the law,and other aspects which affect the environment, eco-system, and communities alongthis waterbodies, as well as that of the coast have been analysed.

The methodology followed has been to visit the areas, and document various instancesof violations. A second round follow up was done during which information aboutthe specific violation was collected to the extent possible. Thirdly, the impact ofthese violations have been analysed in the context of the historical and contemporaryuse of the waterbodies, to provide the link between the various lacunae in law andimplementation, and to demonstrate their inefficacy, and the consequent impact onthe eco-svstem.

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The layout of each of the studies includes:. a historical overview of the water body,. the current trends of violation and use,. the application of the law to the given situation and the effects of the same,. a clear documentation of the instances of violation, supported by photographs,. an analysis of long term trends and effects.Takng into consideration the outcomes of both studies, various recommendationsare presented in a common conclusion to both studies.

Scope and LimitationsThe study in itself is limited to identification of violations specifically correspondingto the prohibited activities laid down in the CRZ notification. Regions that haveready access, either by foot or boat were chosen. Interior regions have not beenvisited or monitored. Also the extent of damages to the bio-diversity and geo-morphology caused by these violations were not the purview of this study.

The intention of the study is to highlight the non-implementation of CRZ withindicators that were visible. lt would require the interyention of concerned authoritiesto take stock of the complete picture. A team consisting of scientists from manydisciplines could be the agency to look into the damages caused to the bio-diversity,water quality, flora and fauna etc. Such an attempt would help protect not only thesetwo waterbodies, but act as directive to preserve numerous rivers, canals andbackwaters of the state in the spirit in which protection was foreseen in the CoastalRegulation Zone Notifi cation.


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=The Kallayi PuzhaLocatio n : Kozh ikode District

Length: 22 kns.Navigable length: 9.6 Kms.

Basin Area:95 Sq. Kms.Origin: Cherikulothur with on eleyotion of 45 Mts.

Tributaries:NILThe Legend

Kallayi Puzha (River) has its own significance in the history of the Malabar Coast.The river, its bank and the harbour at Beypore was the centre for trade with ancientArabian Countries and China. The major trading being timber, the riverbank wasalso the workyard for huge sea hring vessels that were constructed according tothe requirement of these trading countries, the remnants of which are visible, eventoday at Beypore.

The colonial history books of India would state Kallayi as the largest timber-tradingcentre in the world. The rich Western Ghats were the source of this trade. Hugetrees from the Ghats were logged and brought to Kallayi where the sawmills werelocated. The river was also the means of transporting the logs from the Ghats.Hundreds of trees were tied together in what is termed as therappam, and tookweeks of hard labour to reach the sawmills. lt is estimated that there were around180 sawmills working day and night at one point of time along the banks of the riverat Kallayi proper and nearby paces like Mankavu and Mooriyad. The sawmill workers,carpenters, their families, fisher-folk, coirmakers and traders together made Kallayi abusy place located right in the heart of Kozhikode (Calicut to the Colonialists), thecapitaf of Zamorian Kingdom. The history of economically rich Malabar Mappilas(Muslims) could also be traced from here. The Baramis, Kunchuttin Haii, AlikkoyaHafi, Mammukko Haii, Avaran Kutty Haii, Hassan Haiistill the economic elite of themappilas, are the legends of this trade.

Fishing and coir spinning thrived along the banks of the river. Coir was an equallyimportant factor in making timber sea hring vessels - Uruo - apart from being themajor fastening agent- another important export good of Malabar. (The invention ofplastic broke the backbone of this trade, but that was much later). Raw coconut



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husks were buried along the marshy bank and backwater systems with rich mangrovesaround the river for retting. They were later beaten to separate the fiber which wasthen spun into yarns varying from che thinnest, to those used to tug large barges.Women were the major workforce behind coir making and their contribution to thehousehold and trading economy of Kozhikode were significant during that time.Concentration of workforce also paved way for one of the mosr politically consciousl;''bour movements, especially of lefr ideology, around Kallayi. The romantics wrorepretry based on the vernacular labour songs, travelogues and in modern times,l-'otion pictures, depicted the life and romantic history of Kallayi Puzha and herp'eople. All these are the past glorious history of a city and the people that was spuneround a single entity- the Kallayi Puzha.Today the few remaining sawmills along the banks of the river have to depend onimported softwood for their survival. Centuries of uninterrupted logging has left theWestern Ghats barren along wich the large influx of migratory setders from southernparts of Keralam ro rhe Malabar region. Timber vessels have given way for muchlarger and stront modern ships. Plastic and other synthetic fasteners replaced naturalcoir, along with the entry of modern technology and mechanisation in rope makingitself.

The river that once was laden with therappam today stinks with urban waste. Thewealthy have encroached the riverbanl


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+did not stop there. As the timber industry is almost at its fag end, the river rhat wasonce laden with timber lay vacant and the owners of such properties beganencroaching the immediate bank within their property. This is now being evenextended into the river. During the ebb tide while the water recedes, the riverbed isfilled and stone or concrete walls are erected.The marshy backwater lands immediate to the river were also leased our by KozhikodeCorporation to adjacent households, who were engaged in coir making. Thehouseholds required these lands for retting the raw coconut husks to be convertedinto fibers. Local community has lost these lands since private individuals haveencroached and converted them into their property. Both these would not havehappened without the knowledge of the concerned authorities, in this case theKozh ikode Corporation.

The river has two road bridges and a railway bridge at Kallayi proper. A new railwaybridge is under construction adjacent to the existing bridge. Similarly a third RoadBridge is under construction towards the seaward side within 100 mts of the hightide line, to be connected to the Coastal Expressway that is yet to be constructed.These kinds of pressures on the coastal regions are not new. However, the firstinitiative to regulate the use oi and protect coastal areas, was made in 199 | , withthe promulgation of the Coastal Regulation Zone Notification.

The CRZ NormsThe Coastal Regulation Zone Notification 199 | of the Ministry of Environment andForests (Department of Environment, Forest and Wildlife) dated 196 February 199 |(Published on 20.2.299 l ) states that:

...... And whereas all objections received have been duly considered bythe Centra/ Government;Now therefore, in exercise of the power conferred by Clause

(d) of sub-rule (3) of Rule 5 of the Environmenr (Protection) Rules,/986, and all other powers vesting in its behalt the Central Governmenthereby declares the coastal stretches of seas, bays, escuaries, creeks,rivers and backwaters which are inlluenced by tidalaction (in the landwardside) upto 500 metres from the High Tide Line (HTL) and the landbetween the Low Tide Line (LTL) and the HTL as Coastal Regularion

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Zone; and imposes with effect from the date of this Notification, thefollowing restrictions on the setting up and expansion of industries,opentions or processes, etc., in the said Coasal Regulation Zone (CRZ).

Note:The distance from the High Tide Line shall apply to both sides

in the case of rivers, creeks and backwaters and may be modified on acase by case basis for reasons to be recorded while preparing the CoasalZone Management Plans. Howeven this distance shall not be less than100 meters or the width of the creek, river or backwater whichever isless. The distance upto which development along rivers, creeks andbacl


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=he CZMP describes the area as follows at page 64r:Kallayi -Kacheri (map no.55) Entire seaside of this region is part of theKozhikode Corporation. Kozhikode port and many other commercialestablishments are present within the Coasal Regulation Zone. Seawallsare present to the south of the port while to the north of the portarea wide beaches exis*. Kalla)'i River banks have a Coastal RegulationZone of 50 m while Conolly canal has less than 50 m wide CoastalReg;.thrion Zone in many places. Most of the area is developed andcomes under CRZ-ll"

CRZ Violations in Kallayi PuzhaThe CM protection provided to the river exists on paper in the CZMP alone, and isnot visible in practice. Various kinds of violations are to be found in the area, andtheir adverse effects range from destruction of the overall coastal environment,degradation of the river and its banks, to affecting the lifestyle, livelihood, and healthof the local communities.

Bridging violationsThe violations along Kallayi Puzha begin from the proposed Coastal Highway atPallikkandy beach, Nainam Valappil and Chakkumkadavu of Kozhikode Corporation.ln this 3 kilometres, a section of the Highway passes through the estuary of theRiver. The highway would be barely 25 mts from the high waterline of the ArabianSea, and the bridge, known as the Kothi- Pallikandy Bridge, within 100 mts.The Coastal Highway and the bridge were not mentioned in the CZMP prepared byCentre for Earth Science Studies (CESS), and were therefore required to go througha stringent process of approval, including preparation of an Environmental lmpactAssessment report, and conduct of a public hearing. According to the local communitiespresent there, these procedures have not been followed, making the constructionof the bridge and highway an illegal act.

t The disunce of 50m under the CZl"lP was in contravention of the CRZ Notification,which reguires a setoffof 100 m. The approval of this CZMP, which gave the distance as50 nt, was on che condition that this disunce be maintained ar che ntandatory 100 m.

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The safety of this bridge itself is in doubt, since there is severe erosion and siltationin the river, and the whole exercise tantamounts to an expensive impulse, withoutany scientific rationale in its support.

The land acquisition for the road is within 50 mts of the HTL. This will displace morethan 1000 coastal families. Notices to households living along the 3km stretch foreviction have already been served without any rehabilitation formalities. There arearound 340 houses and 4000 people, all of them leading a hand ro mouth living,consisting mostly of fishing communities and daily wage labourers.

The Kothi-Pallikkandy Bridge over KallayiPuzhaestuary is already under consrructioneven though the land acquisition formalities for the road are yet to be completed.The irony of this new Highway is that there is already a road within 150 mts and theNational Highway NH l7 is less than I km away, both running parallel ro the proposedhigh way. There is no mention of the new Highway in the State Coastal ToneManagement Plan. At the same time the proposed Coastal Development Authorityof Keralam, in its recommendation, has mentioned a 580 kms long Coastal Highwayfrom Kanyakumari to Kasaragod. In all logical sense the above road is part of theHighway, since there are a number of bridges planned over nearby rivers along thecoastal stretch including the one over Kallayi Puzha estuary. The bridge, in fact, isitself a CRZ violation, as it is within the No-Development zone, and within 200metres of the High Tide line.

lmpounding NatureThe Coastal Regulation Zone notification prohibits constructions on either side ofwaterbodies with tidal influence. 100 mts or the width of the water body, whicheveris less, is considered as No Development Zone. Walking along the banks of theKallayi Puzha one wonders whether such a law is applicable at all. Even while theCZYP was under preparation, there were rampant encroachmenrs right inside thenver.

The saw mill owners, industrialists and private individuals, after occupying the riverbankhave now extended their constructions right into the river. Compound walls areerected and the riverbed is filled, reclaiming large areas of land from the river. Hugewarehouses, leisure houses and clubs are constructed in such reclaimed lands.


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=The river that was once as wide as 100 to 200 mts at places like Mooriyad, EastKallayi Road and Pallikkandy Road is now as narrow as 50 mts. Most of theseencroachments have occurred well after the Coastal Regulation Notification (CRZ)199l, making them punishable acts. Kozhikode Corporation, the legal authority tomonitor and implement the CRZ, is either not using its authority, or is in connivancewith the violators. The Coastal Tone Management Authority is also blind to theseviolations.Some of the violations are as documented below:

t.Construction : New Building for Saw MillLocation : Near Pallikkandy Road, opposite to KundungalRoadCRZ Area : Along the banks and in the riverbedViolation : Land Reclamation, construction within NoDevelopment ZoneYear of Construction : 1998Ownership : Private2.construction : New Building, inside the compound wail, which isextended to the river bed, 50 cents ofland has beenrefilled for constructionLocation : East Kallayi Road, opposite to peageant Trading Co.CRZ Area : Along the banks and in the riverbedViolation : Land Reclamation, construction within NoDevelopment ZoneYear of Construction : 1995-95.Ownership : Azad Mills3.construction : New Building, inside the compound wail which isextended to the river bed, 50 cents of land has beenrefi lled for construction.Location : East Kallayi Road, opposite to Peageant Trading co.

CRZ Area : Along the banks and in the riverbedViolation : Land Reclamation, construction within NoDevelopment Zone.Year of Construction : 1995-96.Ownership : Azad Mills4.Construction : New Building.Location : East Kallayi Road, near Muslim Orphanage.CRZ Area : Bank of the riverViolation : Construction within No Development ZoneYear Of construction : 1994-95Ownership : Private



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Equotions5.Constructiqn : Factory BuildingLocation : Pallikkandy RoadCRZ Area : RiverbankViolation : Construction within No Development ZoneYear of Construction : 4996-97Ownership : Private6.Construction : New BuildingLocation : East Kallayi CrossroadCRZ Area : Inside the riverbedViolation : Land Reclamation, construction within NoDevelopment ZoneYear of Construction : 1995-96Ownership : Private7.Construction : New BuildingLocation : Pdlikkandy Road, opposite Maveli StoreCRZ Area : Bank of the riverViolation : Construction within No Development ZoneYear of Construction : 1996-97Ownership : Private8.Construction : New BuildingLocation : Pallikkandy Road, opposite Maveli Store, adjacentto encroachment no.6 (aforementioned)CRZ Area : Bank of the riverViolation : Construction within No Development ZoneYear of Construction : 1994-95Ownership : Private9.

Construction : New BuildingLocation : Opposite to Edison English Medium SchoolCRZ Area : lnside the riverbedViolation : Land Reclamation, construction within NoDevelopment ZoneYear of Construction : -Ownership : Private10.Construction : New Building.

Location : 50 metres upstream Kolloyi PuzhoCRZ Area : lnside the riverbedViolation : Land Reclamation, construction within NoDevelopment ZoneYear of Construction : -Ownership : Mangalam Publications


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=trangling the RiverTravelling upstream, one would find the river being the dump yard for KozhikodeCorporation sewage, hotel, butchery and poultrT wastes. Waste disposal by industriesalso contributes toward the polluted condition of the river. There is a canal flowingdirectly into the river that carries various kinds of stinking wasre into the river.During high tide these wastes drift into the thickly populated low-lying areas ofChakkukadavu - Nadinagar. The Chakkumkadavu Canal that was once navigablenow lies clogged with this waste and siltation. People have stopped using water fromtheir wells since the sewage and polluted water seep into them.The following have been identified as clearviolators of the CRZ:l. PollutionLocationCRZ AreaViolationYearViolators2. PollutionLocationCRZ AreaViolationYearViolators

Sewage DisposalBetween Abu Sahib Road and Pallikkandy RoadInto the riverDischarge of untreated sewage into CRZOngoingKozhikode Corporation, Private industries,householdsSlaughterhouse waste disposalNainamvalappilInto the rivermouthDischarge of solid waste into CRZOngoingKozhikode Corporation, numerousslaughterhouses, hotels

The disposal of poultry waste from the slaughterhouses is through a simple mechanism.The waste is stitched tightly into gunny or polyfibre sacks and thrown into the river,and lies submerged in the river for a day or two. After this the bags begin to swelland float, making a feast for crows and eagles. once these birds tear the bags open,the waste spreads on the river. The tragedy of this is that saw mill workers get neck-deep into this water for hauling logs to the sawmills.Despite being a prohibited activity under the CRZ, sandmining takes place rampantly,from the riverbed. This activity undermines the safety of the region, and affects itsenvironmental integrity. The violation is documented as follows:Extraction from river : Sand mining



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EquofionsLocationCRZ Area,ViolationYearOwnership

: Areas near the Kothi bridge: Riverbed: Prohibited activity under CRZ: Ongoing: Various private contractors

Legitimising lgnoranceA Committee was set up under the chairmanship of Prof. Balakrishnan Nair toexamine these issues in the specific context of Keralam. Following this, anothercommittee was set up under the Chairmanship of Fr. CJ. Saldanha to consider therecommendations of the earlier committee report in a national perspective. Thelacter committee submitted its report in September 1998. The scope of work andrecommendations of the committee, among other things, related to the reductionof CRZ along rivers, creeks and backwaters to 50m or the width of the rivers,creeks and backwaters, whichever is less.

The request of the state government to the Balakrishnan Nair committee2 is asfollows:[c] The set-back distance in the case of rivers, creeks and

backwaters may be amended as 50 m. or the width of the riven creek or backwaters,whichever is less.

RecommendationThe committee recommends that under the unigue conditions

mentioned above for Kerala, the CRZ distance should be reduced to 50 m in case ofbackwaters, rivers and creeks. (Wde 8.3 to 8.3.5)

8.3 Set Back distance as 50 M for river, creeks and backwaters.8.3. I The CRZ Notification provides that "The distance from the

High Tide Line (H'fL) to which the proposed regulations will apply in the case ofrivers, creeks and backwaters ma)/ be modified on a case by case basis for reasonsto be recorded while preparing the CoastalZone Management Plans, howeven thisdistance shall not be less than 100 m or the width of the creek, river or backwaterwhichever is less.

2 Report of the Expert Committee to Examine Specific lssues in Kerala State Relating toCoastal Regulation Zone Notification, page 5


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=. 3. 2 Th e Am en dm en t issu ed by M n istry of Enviro n m en t & Fo restsin August 1994, permitted the width of the Coasal Regulation Zone to be 50 m orthe width of the creek, river or backwaten whichever is less.

8.3.3 The Supreme Courc had guashed this amendment by itsorder dated lF April 1996 and as a result the position today is that the CRZ alongrivers, creeks and backwaters can be modilied upto 100 m or the width of river,creek or backwater, whichever is less.

8.3.4 The notification designates certain water bodies for thepurpose of defrning the stretches of land abutting them as CRZ. These water bodiesare rivers, creeks and bacl


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to the banks of the river.An analysis of the data on the violations that have taken place in this area shows thatall the constructions, without exception, are either in the nature of industries orbungalows, or other kinds of leisure houses. This finding defeas the rationale of theamendment, that it is the economically weaker sections of the populace who violatethe CRZ rules, and relaxations will benefit such sections of the people.Moreover, we must understand that the setoff is essentially a preventive measure,especially in the context of pollution of the rivers. Reducing the setoff increases thechances of pollution, as not only are industries encouraged along the river, but theincreased proximity to the river also increases the chances of waste being dumpeddirectly into the river, as a cheap method of disposal.

Also in the specific context of the Kallayi, we can see that the Government, and itsvarious agencies are on the list of violators. lt is inadmissible to allow a reduction ofthe setback, on the merit of these violations.

One must also keep in mind the specific context of these reductions, and the uniqueecologically destructive impacs it will have on various such waterbodies. In the caseof the Kallayi, the river has already been reduced to a poftion of its original width,due to both primary factors such as illegal land reclamation, and sandmining, but alsodue to secondary factors, such as pollution. The carrTing capacity of the river and itseco-system is very fragile, and cannot be overloaded by allowing further development,and violations.Also, rhe Kallayi is atidal river, and is an integral partof the Coastal mechanism. Byallowing this river to degenerate, there will definitely be negative impacts on theCoastal Eco-system, which may manifest itself in many forms, ranging from sea levelrise to coastal erosion. This could seriously affect all constructions in the area.

Such consequences are dangerous, not only environmentally, but also to the peopleliving on the coast. These linkages must be recognised, and the importance ofprotecting tidal waterbodies must be emphasised. Until these issues are given priority,and the need to protecr the river by strict implementation of the waterbodies arerecognised, violations such as those aforementioned will continue to subsist, andmust be checked, rather than facilitated by a reduction in the setback specified in theCRZ.


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Huge warehouses and other constructions extend into the Kallayi Puzha at Pallikandy


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Reclamation for constructions from the riverbed

A community settlement, to be displaced for construction of the coastal Highway

(Left) Communitites live in the midst of pollution and garbage(below) Bridge under construction over the Kothi-pallikandy estuary


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=Parwathi Puthen ArLocation : Thi ruva n onth opu ro m District

Length: About 22km - Thiruvallom to ChannonkoroAb o ut I 8 km - V o ll okko d ov u (Th i ruv o n o nth o p u r a m)

to Chonnonkaro (Kodinomkulam Koyal)Average breadth: About ,Omts

Depth: Averoge 3mts.Altitude: Meon seo level

The pastThe historT of Paruathi Puthen Ar goes back to the pre-independence era of thethen Travancore Kingdom and its rich commerce and trade. Agricultural produceswere abundant along the rich bachvater regions and the coast. The intention behinda canal was to connect the backwaters of Travancore coast" and thereby establish anInland waterway, which would promote the trade and industry of Travancore. Theoriginal idea behind this canal, which we see today, was conceived by Col. Monroe,who was the Resident of Travancore, when Her Highness Maharani Sethu ParvathiBai was ruling as Regent'.

Her Highness decided to implement the idea in 1824. The work for canal wasstarted in 1825 and completed in 1828. Later during the reign of His Highness MaharaiaSree Moolam Thirunal, as a part of improving the efficiency of inland waterwaysthroughout Travancore, the canal was extended to the south upto Thiruvallam,where the Karamana River joins the sea2. Thus Parvathi Puthen Arhas two parts.The first was meant to link Thiruvananthapuram and Kadinamkulam Lake and theother to link Kollam and Paravur.

TradeRich agricultural produces from the interiors were brought to the trade centers ofthe Kingdom through the canal. Palm jaggery, coir, coconut husk, dried tapioca,provisions, salt, rice, etc., were the main goods transported to and fro. In the olden

t P. Sankunni Menon, "Thiruvithamcore Charithnm"2 Mahakavi Ulloor S.Parameswara lyer, "Progress of Travancore under Sree MoolamThirunal"Monitoring the Kerolom Coost


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days goods were brought from Valiathura port to Vallakkadavu by bullock cars.The older tenerations from Vallakkadavu recollect hundreds of bullock carts ladenwith goods moving towards Vallakkadavu boathouse3. A number of jetties along thecanal handled these goods. These centres gradually became the trade centres withlarge warehouses for storing the goods. Muslim tradesmen mainly owned thesewarehouses.

The main ietties of the canal from south to north are the following;l.2.3.4.5.6.7.

S.M. Lock (Poonthura)Val lakkadavu (Thiruvananthapu ram)Chackai (Pettah)Vazhavila (Anayara)VeliPoundukadavu (Kulathur)Channankara (Kadinamkulam)

One can see the remnants of the godowns of the 'Settus' or 'Aalais' -the Muslimmerchanrs- i n Val lakkadavu.'Thi rumadhura Pettah' (now Thi ruvananthapu ram Pettah)was the mdn trade centre in Travancore. lt lies near the Chackai boat house. 'SreeMoolam Lock' (SM Lock) in the south was a main revenue collection centre. InPettah there were a number of administration offices and other counters for collectingthe taxes and duties from the traders.

The Ar was also an important means of transport for the people as well as theMaharaja. The Maharaja had his private boathouse near Vallakkadavu. He used totravef by boat to the Veli Lake through the Al .The Unique noture of the orea

Apart from the commercial importance, the location of the Ar itself is in a verycomplex geo-physical region. The features of the coastal stretch as it gets closer torhe southern most tip of the sub continent need special attention. The WesternGhat gradually submerges into the sea in this region leaving behind highly complex

I Personal Incerviews with local people.a Supra n.3


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=etland systms, rivers and vast Kayals. In hct, though these regions are highlydeveloped and thickly populated, it needs special protection in the interest of theenvironment. Till recently the mid land forests use to extend up to Ar as was inAkkulam and these were classified as forest lands. Also, certain areas are prone toslumping, which adds the importance for protection and regulation in these times ofincreased sea level rise.The long stretch of the coastal area bordering the neighbouring state of Tamil Naduis of extreme scenic beauty with rocks and cliff scattered along the vast beaches.Noted beach tourism destinations like Sankumugham and Kovalam lies in this area.Further South is Kaniyakumari in Tamil Nadu and towards the North is anotherpifgrimage and tourism centre Varkala. The Parvathi Puthen Aris linked to Karamanariver and Kadinamkulam kayal and also to the Veli-Akkulam lake, which again is afamous tourist spot. The ,4r is largely influenced by the tides as both ends are inestuaries.

Poruothi Puthen Ar inthe CZMPThe region has been well described in the Coastal Zone Management Plan (CZMP)of the State that brings to light the complexity as well as the sensitive nature of thearea.

Wzhinjam-Beemapalli (map No.3 & 4)The complex coast consisting of roclcy areas (Muellen in the south andVizhinjam - Kovalam sector), latterite cliffs ((between Mulloor andVizhinjam), pocket beaches (at Wzhinjam - Kovalam), barrier beaches(Punthura) and an open coast (Poonthura - Beemapalli) has a total lengthof about 9.5 km. Karamana river, which debouches at Panathurra -Pachallur area, has a 3 km. backwater s)/stem and a dynamic inlet.Wzhiniam has a fishing harbour with a wave energy plant and Kovalam isan international tourist destination. The Vizhiniam Kovalam sector is ofoutstanding natural beauty (CRZ-\, but the area is not demarcated.The laterite cliff area which also comes under this category is subiect toslumping at High Water and this can be accelerated by rise in sea level.Hence, a 50 m zone is identified as CRZ-|. Rest of the area (Mulloor toPachalloor) since comes under ruralsector is CRZ-lll. Norch of Pachalluris the Thiruvananthapuram Corporation area, which is CRZ ll. ThePamothi Puthen Ar conol ond the Koromono river upto abouc 1.5



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km from HTL is subject to tidal influx and hence their flanks has to beregulated (Table.9).

Vali2'athun-Veli (maP no' 5)This I km stretch has a uniform pettern throughout without anynoticeable features. Sankumughom and Vettukkad are heritage areasand form an area of outstandingnatunl beautyand historical importance.Since their areas are not estimated only they are indicated in the map.The Ponroti Puthen Ar is flowing porollel to the coost and is given aregulation area eguiualent to its width. The entire coastal area is CRZll, (able.8) as it comes under Trivandrum Corpontion. The area fromChakka to Akkulam lake is in Kadakkampalli panchayat and hence isCRZ lll. Parc of the Trivandrum international airport is in this area.Thumba-Puthenthura (map no. 6 A 7)A stnight extention of the earlier area has a length of 10.5 km. Atsouthern end the Akkulam-Veli Loke is located. This loke stretchingto 3.5 km from HTL is tidaland hence a 50-m regulation zone is provided.Veli coast is an area of outstanding naturzl beauty. Along the coastThumba to Pallithun is a 'legally designated urban area'and hence isCRZ ll. Rest of entire regulation area is rural and is CRZ lll. The areabound by each categoty is given in the table .9.

Ch an nan ka ra - Peru m th un (map n o. 8)This is 6.5-km stnight continuation of the earlier coast. However thecoast borders the Kadinomkulom koyol all olong. Upper half is infact a barrier beach. The regulation zone in the kayal area extendsinland upto a disance of 4 km at Kotaramvila. The entire regulationzone is CRZ lll. When the 500-m zone has an area of 3.134 sq. km, the50-m zone along the kayal has 1.393 sg. km.

Though the CZMP is very descriptive in nature to highlight the geo-physical and geo-morphological importance of the region, it does not provide any insight to deeperunderstanding and larger protection required to this region. lt could be argued thatthe mandate for the CZ;I{P was limited to the CRZ, but knowing the outlook of thesystem towards any regulations where environment is central, the CZMP limits itselfto the CRZ norms, without any forewarning for the planners or policy makers. This


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=s in spite of blatant violations of the CRZ norms by various government agencies aswell as privap,e individuals along this fragile coastal stretch, whether it is the tourismindustry, Municipal Corporation, airport, authorities or the chemical industries.

The presentThere is a very sparse use of the original utility of this human-made marvel today.This is not because there are no goods and produces to transport, which would alsobe far cheaper than by road and also more environment friendly. The neglect thathas fed to the destruction of the Arhas been on the part of the authorities and theattitudinal change of the planners of development" Instead of maintaining this nearlytwo century-old human creation, the planners today find it easy to encroach thebanks, and dump municipal sewage and construction wastes in and around the banksof the Ar.The canal, which once was clear water, is now in a dirty condition. The 'sewagefarm' of the Thiruvananthapuram Corporation, on the banks of the canal nearMuttathara, dumps all the waste materials into the canal. People around the canalalso add to this. In most of the parts the canal is covered with water hyacinth andother weeds. This makes the transportation by boaa difficult. As part of 'CleanCity Green City' programme the Corporation authorit), decided to clean the canal.They started the work by building bunds with clay across the canal at specific distances.And now the work is at a standstill.The only navigable portion of the canal is between Chackai and Veli- about 6km inlength. Now the navigation is mainly for transporting sand (both beachsand and sandquarried from the Veli Backwater). About 300-500 workers and 40-50 boats areworking in this sector. Due to tourist boat seruices conducted by the KTDC in Veli,the boatmen are not allowed to navigate through the Veli Lake between 7.00am and6.00pm.

Construction worksAs a part of the flood control measures in Thiruvananthapuram City the work ofconnecting the city drainage canals to t the Parvathi Puthen Aris underway.The Airport Authority has fenced a portion of the canal near Muttathara for runwaydevelopment. They had built a new observation centre near the canal and aredumping building wastes to fill the banks of the canal.



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=hoked by pollution from the surrounding new townships, urban settlements andtourism, the lake that was once a means of livelihood to rhe agrarian and fishingcommunity living along the banks of the lake can no more suppoft them. Lack ofplanning and initiatives for sewage and waste management today chokes the lake tothe verge of death. Especially at Akkulam the lake is not even visible because of therampant growth of water plants and other weeds.The Veli area is the industrial area of Thiruvananthapuram district with many industrialestablishments. The largest is the Travancore Titanium Limited which dumps directlyto sea but the smaller industries which do not have any discharge or treatmentfacilities dump both solid and liquid waste in to the,,4rAccording to a study by C. Jayakumar,

"The increasing urbanization followed by formation of Kenlam state anddeclaration of the city as capital was beyond planned growth and the existingsewage s)'stem could not handle the load eventuallyallgot dnined to Akkulam.simultaneous to this, the growing city had more needs. The Akkulam areawas selected for industrial esablishments, Hindusan Latex and English lndianclays and many others were established. The lndian space Researchorganization started mary/ centers and the north west of the lake becamethe restricted area. The Centre for Earth Science Studies was establishedin the early eighties."

This being the situation, one wonders how the state shall manage the numerousindustrial and trading projects that are shooting up in and around this region. Thewaste and effluent from new hospital and housing complexes and warehouses tharare sprouting along the lake and other connecting waterbodies like the AmayizhanjanThodu will directly enter the lake area if an effective waste managemenr system isnot adopted. There are china-clay mines in the catchment areas. The English IndiaClays also produce large quantity of clay waste. All these eventually drain to thecomplex system, killing the lake and subsequently the Ar.

ConstructionsThe local people and groups say that the destruction of the Arand its subsidiaries ismainly by the authorities that are supposed to protect ir, as in rhe case of sewage,which is the responsibility of the Thiruvananthapuram Corporation. Large-scaleconstruction activities are on, b.y agencies such as the Airport Authority, Indian



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Space Research Organisation and Hindustan Latex Limited. Existing laws are ignoredor special sahction is given, since these are prestigious public sector undertakings.This also makes it difficult for concerned local groups to intervene. The privatesector considers this advantageous. lt is the unplanned development on the part ofthe state that initiated the deterioration of the An the lake and the surroundingarea.

Even after the Ar has been recognised as a waterbody of importance with tidalinfluence and included into the Coastal Tone Management Plan, the Ar and itssubsidiaries like the Veli - Akkulam Lake and Amayizhnianthodu are under severethreat of large-scale constructions along the bank. Hospitals, warehouses and housingcomplexes are under construction near Venpalavattom area.

Infrastructure requirements like roads and bridges are also being constructed atvarious places of the Arand other water bodies. The bridge for the new Kovalambypass road is under construction over the Veli-Akkulam Lake at Puthen Ariunction.At Thiruvallam where the Ar meets the Karamana River another bridge is underconstruction that shall connect the ldayar delta. There is a new road build parallel tothe section of Puthen ,r4r known as Channankara canal where the Ar meets theKadinamkulam Kayal.

Certain development needs cannot be avoided totally along fragile regions and CRZareas. The question is how these developments are determined and graded. While abypass may have to pass through some region of the lake the question would be tosee that its effects are minimal. The constructions need to be carried out based onmore scientific and in-depth studies and extra precautions and regulatory measuresput to effect, so that minimum impacts are felt by the fragile eco-systems. No suchmeasures seem to have been considered where the new bridge for the bypass isbeing constructed, along the Puthen z4r junction. The only criterion the governmentand the contractor dealing with the bridge construction have considered is the seasonalfactor, when the water flow would be minimal. But this is considered only as regardsthe advantages to the contractor and not with reference to the lake.Also, there must be a differentiation between the various needs for suchconstructions. A bypass may be a part of another larger requirement. But to have aroad constructed, like the one at Kadinamkulam, exclusively for a couple of userswithout any regard to the CRZ regulation, is not lustifiable.


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Overall, the State Government's and concerned authorities'attitude towards CRZis not encouraging. Even during the preparation of the CZ;YrP,the State had taken anarbitrary position to bypass the CRZ notification. All these are evident in the waythe authorities treat a valuable eco-sysrem like the Paruathy Puthen,4n, and theconnected waterbodies and systems in and around the Ar. lf immediate steps arenot t:rken, with clear provision for monitoring and prosecution of violators, thePuthen Ar will also reach the same fate as those of human-made canals like theManroe Canal of Tamil Nadu.

Violations by tourismVeli-Akkulam regions are the hubs of backwater and adventure tourism inThiruvananthapuram district. Both are based on the lake that is linked to the ParvathiPuthen Ar. At Veli the lake is open to the sea. There were rich mangroves systemson either side of the lake till some time back. The lake near the tourisr complex atAkkulam is completely filled with weeds and grass making it impossible ro recogniseit as a lake.Tourism development started here as a simple pastime activity. As C. Jayakumarsays in his reporc,

"The area, which had good paddy fields and agricukure land and coconutpalms, represented the traditional rural setting close to city. The Localpeople used to lish in the lake and the fishermen reports the variety offishes they used to get. Retting of coconut husk, coir industry andother traditional practices was the livelihood. The area by and largeretained the agriculture landscape and was suppofting under privilegedand weaker sections were the larger part of the population sustainedby the above occupation. The orSinal idea was to spend rupees onecrore for development of the region".'A small facility was set up at Veli as )/outh Hostel and boating wasdeveloped, the area was taken over by the Tourism Department and itbecame a centre for adventure water sports and youth center. TheTourism sculptor Kanayi Kunhiraman built his usual nude sculpture anddid landscaping. Floating restaurant, floating bridge and hovercraft etcwere added to this later. The pressing need of people to go out forevenings or short outings resulted in good crowd coming to eat ice



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creams etc. The idea of creating additional hcility was a need chusfurther up in the backwater, Akkulam was selected for mafordevelopment".

What followed was a typical urban mindset of tourism development, without takinginto consideration the ecological sensitivity of the lake and also the people who aredependent on it for their survival. Boat clubs, water park, island restaurant withfountain, floating bridge, floating restauranr, swimming pool, children's park erc weresome of the tourism 'development' envisaged here. As usual, many of chese did notmaterialise for lacl< of financial suppoft, but the damage was nevertheless done.Landscaping and dredging wiped out the entire vegetation including mangroves onone bank of the lake at Veli. There were even plans for a water railway here!As of today, one side of the lake at Veli is completely landscaped for tourismdevelopment. The mangrove and other vegeurtion were cleared from this bank andconcrete footpath was built all along till the estuary of the lake. On the oppositebank mangroves are periodically cleared for making way for the tourist boas. Thoughit may be argued that most of the constructions were prior to 199 | and hence donot fall into the CRZ norms, the damage is already done.

The Akkulam Lake is being choked to death by pollution. Clogged with weeds andwater hyacinth, the lake at Akkulam is unfit for venruring into. The boating, whichwas part of adventure tourism, could not sustain here long since the boat propellersgot struck into the solid waste and weeds. The water stinks with untreated sewageof the Thiruvananthapuram City. Parents visiting the lake find it difficult to explain totheir children the presence of floating napkins and condoms on the water, that tooin large numbers. The motor boats churned up all these to the surface and in twoyears time the tourism developments killed actual potential of the area to attractvisitors. Now there are plans to build island restaurants in the lake. One could seegranite stones piled up inside the lake for construction of these restaurants.The elaborate quote from the study and what happened in the past is to prove thattourism development and protection of the environment do not go hand in hand.The need for strict implementation of the CRZ norms need emphasis in this region.if we consider what is in store for further tourism development. The next stage ofdevelopment is to converc the entire area into one tourist complex, what theauthorities term as Akkulam-Veli Tourism Village. The village shall be in an area of405 acres of land around the lake that shall consist of hotels, cottages and golf


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=ourses. An estimated amount of Rs.l l2 crores shallthe be cost of setting up theinfrastructurb requirement for these facilities. But this is possible only after displacingthe remaining community from the area. Of the I 12 crore rupees estimated 72crore is for rehabilitating the community. What is currently barring the totaldestruction of the region is the agitation of the people against the move to displacethem.

In these times of eco-tourism and nature travel, it becomes difficult to understandthe mindset of tourism planners and developers. Even while they are dealing withareas that are ?cologically fragile, and abound with natural beauty, their idea oftourism is still that of creating artificial park in an urban surrounds. The industry,even today, does not realise that it should keep the nature intact and allow systemslike the lakes and mangroves to continue their natural interaction. That this shallattract more tourists and the tourism industry shall be a contributor in educating thevisitors the value of nature and the need to protect the same is ignored. Instead it isironical that tourism industry, which claims to be the protector of environment,plays the part of destructor. To provide tourism that is natural, without tamperingwith nature, is something that the tourism authorities need to understand.On the other hand tourism industry must be concerned about the future of thesenatural heritages on which they bank for the survival of tourism. The industry shouldhave been the first to protest against polluting the lakes and destroying the nature,which is the selling product of backwater tourism in Thiruvananthapuram District.Nor has the industry been able to influence or prevent the ThiruvananthapuramCorporation from draining all its wastes into the lake. Taking into consideration thestatus of the lake, and the protection it is accorded under the CRZ, tourism authoritiesshould ask the state government for strict implementation of the same.Some violations are as documented below:

| - Kadinamkulam KayalViolations - Mechanised coir factories - reclamation of Kayal and dumping coconuthusk waste. As the reclaimed land area gets filled the reclamation extends further.This is all along the Kadinamkulam jetty.

ll - Channankara canalPuttan Ar connectes here with Kadinamkulam Kayal. Coir factory - a new road is

Monitorino the Kerolom Coost


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built only to cater the coir frctory - the road is built on the exact bank without anyCRZ set Uaiks.

lll - ThiruvallamPuttan Ar meets Karamana River here. A new bridge is being constructed here -The Bridge connects the ldayar Delta - Pollution of garbage is severe here. Thisgarbage enters the Arfrom the Sewage farm of Trirrandrum Corporation at Muttathara.The entire water stinks at this point and is crogged with water hyacinth.lV - Thiruvallam bridgeThis is the main sand mining area. This area is of cultural importance and an annualpilgdmage centre for Hindus.V - VenpalavamamThis is the section of the Ar between Venpalavattam and Karikkakam - newconstruction of warehouse - this is in between the new proposed bypass. The workis in progress.

Vl - Akkulam - Veli Lake - Puthen Ar junctionThe new bridge for the by pass is being constructed.Vll - Veli LakeClay factory - English Indian Clays limited. - lt is for this 6ctory all the hillocks nearby the lake was leveled causing serious problems for the water inflow to the lake.Vlll - Veli tourist centreFor tourism development the entire bank of the lake upto the sea front has beenleveled and land scapped. Though this has happed prior to the CRZ regulations it isa living example how tourism treats natural eco-systems. On the opposite side ofthe lake mantroves are systematically cut down for making way for the touristboats.

lX - AmayizhanjanthoduThis small canal is connected to the Akkulam Lake. Construction of a hospital is inProgress right on the bank of this small canal - any waste from this centre shall godirectly into the Akkulam Lake.


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=- AmayizhanjanthoduFilling of Amayizhanjanthodu with garbage waste and china clay for reclamation for anew proposed housing complex by G Rameshan, a noted abkari contractor.

ConclusionThe demonstrative effect of both these sample studies in the state signify theindifference of concerned authorities towards the Coastal Regulation Zone, underwhich these and numerous other waterbodies are protected. The question is notthat of whether the No Development Zone (NDZ) along the banks of ridalwaterbodies must be retained as 100 metres or the same shall be reduced to 50metres, but of how protection can be accorded to such bodies along their entirelength, in order that the adverse effects of activities upstream do not destroy theextremely sensitive coastal ecology. Pollution and other pressures operate all alongthe river, and this affects not only the river system, but has negative repercussionson the Coastal Eco-system, when the river forms a part of the same. In the contextof Keralam, this fact is amply demonstrated by a report of the Central PollutionControl Boards, which reads as follows:

Panllel to the Coast there is a chain of backwater lagoons interconnectedwith natural and artilicial canals. Since the river, backwaters and the seaare interconnected, pollution of one water body is automaticallytransmitted to the next water body ultimately resulting in coascal pollution.It is estimated that there are l4 municipal waterbodies which dischargeabout 6540 tonnes of organic material per day into the coastal waters. lnaddition, another 3 lakh cubic metres of industrial eftluents, emanatingfrom over 200 large and medium and 2000 small-scale industries, aredirectly discharged into the CoasalZone of the Sate. On top of it thereis a heauy traffic of marine vessels for fishing, port and defence relatedoperations, which make the coastal waters vulnerable to oil spills andwater quality degrzdation.

This shows the importance of protecting waterbodies such as the Parvathi PuthenAr, and the Kallayi River, which are now an integral part of the coastal water andeco-systems. The cumulative aspect of pollution, is not taken into consideration byneither the CRZ, nor the water pollution laws, in deciding individual cases or fixings Monitoring of Coastal Waters, 1993, at p.20.



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general permissible levels of pollution. For example, when the Environmental lmpactAssessment (ElA) report of a proposed project is considered, what is looked at isonly the level of pollution caused by the individual project in arriving at what istermed as'permissible level'. The number of other such 'minimally' polluting industriesand their cumulative effect on the environment is not considered. Also, the CRZdoes not consider the impact of pollution, which flows into CRZ areas, from regionswhich are outside the CM. This demonstrates the restricted outlook of the law,which must be addressed. Such issues, impacts and effects are not provided for orcovered by the CRZ regulations, despite continuous and exhaustive amendments.As already seen the report of the Central Pollution Control Board shows that theeffects of pollution in the backwaters of Keralam are felt in the coastal waters of thearea.Also, the report specifically mentions that:

The coastal water stretches reguiring water guality improvement are:l. Azhiode to Allepey (covering Ernakulam and Cochin Port area)2. Quilon to Kollankode (covering Veliand Trivandrum area)In this context, it is imperative that protection under the CRZ be accorded tobackwaters as a whole.

A lacuna that is clearly demonstrated by the entire study is that the CRZ does notmake it clear that Riverbeds and Kayal beds are part of the CRZ region. This aspectmust be clarified, especially in the light of the violations that occur in the riverbed ofthe Kallayi, where land is reclaimed and used, and also in the case of Kayals likeKadinamkulam, where reclamation seems to be the order of the day. The bed ofsuch waterbodies must be specifically mentioned to be a CRZ-I area, in the light ofits sensitive nature, and its being an integral part of the eco-system.

The threat to rivers, along their banks and their beds, is compounded due to thenon-compliance with the setoffs demarcated under the CRZ. The arguments havebeen mentioned already that any reduction of setoffs not only poses a severe threatto the eco-system of the river, but also, the benefit of such reduction goes to theaffluent landowners, and industries, rather than the local peoples and traditionalcommunities who are economically disadvantaged. For these reasons, it is imperativethat the setoffs not be reduced, and also that the existing demarcations be strictlyfollowed, and action taken against the violators.


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=RecommendationsThe following recommendations are reiterated in briel as these are the imperativeand immediate measures required to protect the eco-systems.Rivers must be preserved by allowing for:a) Protection along their entire stretch, and not only in those areas which

are part of CRZ.b) A clear inclusion of the riverbed as part of the protected area underthe CRZ notification.c) Riverbeds to be declared as CRZ-I area.d) Comprehensive protection irrespective of whether such waterbody ishuman-made or natural.e) Stronger protection through stricter enforcement of law includingproper implementation of setoffs.

f) Inclusion of punitive measures in the law.Specific recommendotions for the Kolloyi River, and the Poryothi Puthen Ar.. As regards the Kallayi, the various violations must immediately be stopped, and

it must be ensured that no further such violations take place.. As regards the Parvathi Puthen Ar, the effects of tourism must also begiven consideration, in addition to the violations pointed out.. In both cases, due to the severe degraded state of the area, remedialmeasures must be taken up, in terms of restoration.. Specific attention must be paid to destruction of mangroves, which canhave severe repercussions on the Coastal ecology.. A comprehensive monitoring and study of both waterbodies beundertaken by a team of experts from various disciplines.

The sectoral and segmented administration and management of rivers allows themto be subjected to various threats. Though the focus is on protecting the Coastaleco-system, such protection cannot be done without affording comprehensiveprotection to rivers, not only in their coastal stretches, but also all along their course.It is important to adapt this integrated and comprehensive focus, on whichmanagement and protection of these eco-systems must take place.



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(Above and Right) The Puthen Ar and the Kadinamkulam Kayal meet at this pointnear Kadinamkulam Jetty. Visible in the background is ffre land reclamation ftom

the Kayal, for the dumping of waste from Coir factories

(Below) Chakkanara Canal: The road has been built,within the setoff fiom the banks as laid down in theCRZ, to cater only to a coir factory

(Below) Amayizhanjathodu:Filling of canal andconstruction


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(Above) Akkulam Lake: Massive conslructions block the catchment area of the Lake

(RighQ A new bridge under construction at Akkulam-Veli-Puthen Ar junction

(Above and Below) The Akkulam Lake lies clogged witr weeds due to eutophication, caused by waste and sewage, In thebackground are seen the blocks of granite placed for the construction of an island restuarant by theTourism Department


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Veli Lake : A ompaisim can be made of he nabral rtegildbn on tp fabank, wi0r fte landsca@ arca on the mar bank. Erbititq nafurd

vegetatbn is replaced by artiftcialgrm and concrete fooQa$, brbudsmpurposes

Veli Lake: Mangroves have been cleared for passage oftourist boatsPlastics and Garbage clog Veli Lake,while the boats awail tourists


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Wasteand raw material of English Indian Clays Limited stored on the banks of he Veli Lake.During the rainy season, these seep into the lake

Garbage from the Sewage Farm of Thiruvanathapuram Corporation entering the Karamana River at Thiruvallam

Local people are forced io wade through the unhygenic water, as a daily routine. Also seen on ihe sides isihe new bridge, under construction


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=AnnexureMINISTRY OF ENVIRONMENT AND FORESTSNOTIFICATIONNew Delhi, the 5th August, 1999

S.O. 629 (E): The following draft nodfication fufther to amend the notification of theGovernment of India in the Ministry of Environment and Forests number S.O. I l4(E), dated, the lfth February, 1991, which the Central Government proposes tomake in exercise of the powers conferred by section 3 and 6 of the Environment(Protection) Acg | 986 (29 of | 986) read with clause {c) of subO-rule (3) of rule 5 ofthe Environment (Protection) Rules, 1986, is hereby published for information of allpersons likely to be afrected thereby and notice is hereby given that the said draftnotification shall be taken into consideration after the expiry of a period of sixtydays from the date on which copies ofthe G^zette of India containing this nodficationare made available to the public;Any person desirous of making any suggestion or obiection in respect of the saiddraft notification may forrvard the same for consideration ofthe Central Governmenrwithin the period so specified to the Secretary to the Government of India, Ministryof Environment and Forests, ParTavaran Bhawan, CGO Complex, Lodhi Road, NewDelhi- | 10003.

Draft NotificationWhereas by notification of tlre Government of India in the Ministry of Environmentand Foress number S.O. I 14 (E), dated, the l9th February, 199 | (hereinafter referredto as the said notification), the Central Government declared Coasal Stretches asCoastal Regulation Zone and restrictions were imposed on the sefting up andexpansion of industries, operations and processes in the said Zone:And, whereas, it has been brought to the notice of the Central Government thatdifficulties are being faced by the inhabitants of the areas hlling within the said Zoneand there is a need for infrastructural hcilities in these areas:

And, whereas, the Central Government is ofthe opinion that the said nodficationrequires amendment, after its deliberations with the concerned Ministries of theGovernment of India and the State Government to oermit oil and natural 8as


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Equotlons

exploradon, receipt, storage and regasification of Liquefied Natural Gas and saltharvesting by solar evaporation of sea water in the said Zone;

Now, therefore, in exercise of the powers conferred by sub-secti


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(iv) at least one of rhe following conditions is fulfilled:-(a) the area is classified as (CRZ-ll).

(b) the densitl of population, as per th e | 99 | census, in the Pan chayat/Ward area isnot less than four hundred persons per square kilometre.(c) the built-up area in the Panchayat/Ward is already one-third or more of the totalarea of the Panchayat/Ward,

(d) the coasul land is a barrier island, sand bar or spit sandwiched between the seaor bay and rivers, creeks and backwaters or between rivers, creeks and backwatersprovided that the ayerage width of the barrier island, sand bar or spit is less than1000 metres.

(e) it is an area with an elevation of more than | 0 metres from the Mean Sea Level atany point within | 00 metres of the inland tidal water body.Note: The term local inhabitanr used in this clause and elsewhere in the notificationshall be construed as a person or his descendants who have been inhabiting in thearea prior to the l9th February, 199 | ."(b) in paragraph 2, in sub-paragraph (ii), for the existing proviso, the following shallbe substituted, namely:-"Provided that the Central Government, may permit-(i) facilities for storage of the petroleum products as specified in Annexure-lllappended to this notification, within the said Zone in areas not classifed as (CRZ-I),subject to implementation of safety regulations including guidelines issued by the OilSafecy Directorate in the Government of India, Ministry of Petroleum and NaturalGas and such permissions may:-

(a) be accorded by the Ministry of Environment and Forests to facilties for storagethat are wholly or partially outside the exisdng porr limis of existing ports and tothe dedicated storage facilities which form part of an integrated proiecr irrespectiveof falling within or outside the ponlimits, and

(b) be accorded by the Government of India in the Minstry of Environment and


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Equqtions

Forests or the Ministry of Surface Transport to Facilities for storage that are withinthe existing pon limits of existing ports.

Explanation: For the purpose of facilities for storage, the port limits as nodfied tillthe notification of the Government of India in the Ministry of Environment andForests number S.O. 494 (E), dated, the 9th July, 1997 shall be applicable.

(ii) Facilities for receipt, storage and regasification of Liquefied Natural Gas withinthe said Zone in the areas not classified as (CRZ l), subject to implementation ofsafety regulations including guidelines issued by the Oil Safety Direcrorare in theGovernment of India, Ministry of Petroleum and Natural Gas and guidelines issuedby the Ministry of Environment and Forests."(c) in paragraph 3, in sub-paragraph (2), after clause (ii), the following clause shall beinserted, namely:-"(iia) Exploration for extraction of oil and natural gas;"(d) in Annexure l, in paragraph 6, in sub-paragraph (2),(i) under the marginal heading CRZ-I,(a) for the words "No construcdon activity, excepr as listed under 2(xii), will bepermitted between the Low Tide Line and the High Tide Line", the following shall besubstituted, namely:-

"No construction activity, except for salc harvesting by solar evaporation of seawater and as lisred under sub-paragraph (xii) of paragraph 2 of this notification shallbe permitted between the Low Tide Line and High Tide Line.Provided that such salt harvesting shall not be permissible in inter-tidal areas definedand covered under clause (i) ofthe marginal heading Category | (CRZ-|)".(b) in the existing proviso, aft.er the word "Provided", the word "further" shall beinserted;

(ii) under the marginal heading CRZ-lll,-

(a) in clause (i), the words beginning with "An authoriq/ designated" and ending with"reguiremenrs of local inhabitants" shall be omitted;

t\4onitoring Kerolom Coost


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(b) after clause (i), the following sub-clauses shall be inserted, namely:-

"(ia) Construction of dispensaries, schools, public rain shelters, community toilets,bridges, roads, and provision of hcilities for water supply, drainage, sewerage whichare required for the local inhabitants, may be permitted, on a case basis, by theCentral Government or State Government or any designated authoriq/.Provided that construction of units or mechanisms for domestic sewage treatmentand disposal shall be permissible nothwithstanding an),thing contained in sub-paragraph(iv) of paragraph 2 of this notification.

(ib) Construction of dwelling units for use by local inhabitants may be permitted, ona case to case basis, by the Central Governemnt or State Government or anydesignated authority;

Provided that such construcdon shall be subject to the following conditions:-(i) the height of an individual unit shall be restricted to 4.5 m and total plinth areashall be limited to 100 sq.m.,(ii) the individual dwelling unit must be constructed by the local inhabitants for hisbonafi de residential purposes,

(iii) where settlements are existing in clusters, new dwellings may be allowed adlacentto the existing cluster ofsettlement landward ofthe line ofexisting structures providedthat total number of dwelling units shall not be more than twice the number ofexisting dwelling units.

(iv) subiect to the conditions listed at (i), (ii) and (iii) above, all other conditions aslaid down in clause (iii) of the marginal heading CRZ-lll of sub-paragrpah (2) ofparagraph 6 relating to construction of dwelling units shall apply";(c) in clause (iii), for the words "Construction/reconstruction of dwelling units between200 and 500 metres of the High Tide Line permitted so long it is within the ambit oftraditional rights and customary uses such as existing fishing villages and goathans",the following shall be substitued,namery:-


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Equolions

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Documents

Tidal Waterbodies: Abandoned Children of the Coast