il

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 Tidal Waterbodies:
Abandoned Ghildren of the Goast

Published by EQUATIONS in March,2000

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 Equitable Tourism Options

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Designed to critically understand and react to the effects of thoughtless and insensitive

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Contents

Preface

lntroduction 1

The KallayiPuzha 5

The Parvathi Puthen Ar 17

Conclusion 29

Recommendations 31

Annexure I

Proposed amendment to the Coastal Regulation Zone Notification 1991 ,

dated Srh August, 1999
Preface

EQUATIONS- Equitable Tourism Options has been involved in issues relating to the coast, ranging
from those of the environment, to the concerns of local peoples. It looks at the various issues that
arise in the context of changing patterns of the economy, and society, and the entry of new industries

such 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 the
accurate picture of development and its effects, vis-d-vis the coast. This analysis is done through an

evaluation 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 view
to highlighting non-implementations of the law which seeks to protect the coastal areas, as well as
provide an analytical overview of both law and reality.

This document is the result of monitoring and analysis of the situation of rivers, backwaters, and
other tidal influenced water bodies in the State of Keralam. The law follows a segregated approach

in dealing with coastal water bodies. Despite the protection accorded, these waterbodies are under
the pressure of development. The need therefore arises to examine the 'protected' status of these
waterbodies in practice. This snrdy has been based on two such waterbodies, and serves as an
indicator 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 have
participated in this study.

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

EOUATIONS team
lntroduction =

Coastal 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-physical
features, such as rivers, estuaries and other waterbodies. These features, though
having individual eco-systems of their own, largely affect and influence the coastal
eco-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 communities
who are directly dependent on them. The mangroves systems, that are an integral
part 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 water

and inland transport.

The recent times is witnessing alarming destruction of these systems. Major threats
are construction of highways and railways, urbanisation, tourism and industrialisation.

Obstructions to the natural flow of rivers and other waterbodies; reclamation of

backwaters, wetlands and deforestation of mangroves for construction activities;
eutrophication and pollution, are ringing the death knells of these life-suppofting
systems.

ln Keralam, for example, what was 70000 hectares of mangrove forests a couple of
decade ago has now been reduced to less than a meager 700 ha, backwaters from
55000 ha. to 30000 ha. and salt-water marshes and waterbodies form 242000 ha. to
an alarming 65200 ha. These rich aquasystems were supported by the 4 | west flowing

rivers originating from the Western Ghats of the state. Dams and sand mining from
riverbeds have reduced these rivers to pathetic states, aparc from the pollution and
sewage discharged into them. However far upstream these damages are occurring,

ultimately the effect ends up in the Arabian Sea, polluting and destroying the coast
on |ts way.

The Premise

These facts are recognised, and measures of protection to some extent, are found
in the Coastal Regulation Zone Notification 1991, (CRZ) which is the law dealing
with the protection, regulation and management of the Coastal areas. The CRZ
deals 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 tidal
action (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 Coastal
Regulation Zone......

It further adds:
.... The disance from the High Tide line shall apply to both sides in the case

of rivers, creeks and backwaters and may be modified on a case by case

basis for reasons to be recorded while preparing the Coastal Zone
Management Plans. Howeven this disance shall not be less than 100 metres
or the width of the creek, river or backwater whichever is less. The distance

upto which development along riverc, creek and backwaters is to be regulated

shall be governed by the distance upto which the tidal effect of sea is
experienced in rivers, creeks or backwaters, as the case may be, and should
be clearly identifred in the Coasal Zone Management Plans.

Ever since this protection was provided to the tidal influenced waterbodies, especially

to rivers, there has been a hue and cry that this shall hinder all developmental
activities. Each of the coastal state governments too had attempted to introduce
their own regulations for such areas. Keralam, for example, in its CZMP, provided
only 50 mteres 'No Development Regulation' along the banks of rivers. Bowing
down to pressures, the Ministry of Environment and Forests (MoEF), amended the
regufation to 50 metres from 100 metres by a notification dated 16.8.1994. This was

challenged in the Supreme Court and restored back to | 00 metres by order dated
18.4.1996. At present this debate has surhced again in the form of a draft notification

that reduces the distance to 50 metres.

This and other aspects of the regulation, seem to afford verT little protection to
rivers and other tidal influenced waterbodies. The regulation seems to be very unclear
as to what parts of the river are protected, and excludes the riverbed from the
puruiew of the CRZ. Moreover, the regulation adops an extremely segregated
approach to the issue of rivers in the CRZ. Not only does it limit the protection
accorded to them, but it also does not seem to take into consideration the dynamics
of the eco-system, between the coast and the river areas. For this reason, it makes a
demarcation between the river to the extent that it is influenced by tidal ingress, and
the river in its entirety. The CRZ has forgotten that pressures and degradation of
the river in its upper reaches, literally, flow down to its coastal stretch. Pollution is =
carried along ly the river, and may be sedimented along the estuarine stretches, or
even carried into the sea. The segregated approach does not protect the rivers or
the coast effectively.

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

The need for monitoring

This study is taken up in order to demonstrate in practice the extent to which the
inefficacy of the law affects adversely the environment and eco-sysrem. The law, and
the issues raised, have very important application in the context of the State of
Keralam, 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 Parvathi
Puthen 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 the
south. 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 and
development of the state. They are also representations of the nature-human bond
of a bygone era when compared to the sheer exploitation and greed of our times.

The Methodology

In 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 along

this waterbodies, as well as that of the coast have been analysed.

The methodology followed has been to visit the areas, and document various instances
of violations. A second round follow up was done during which information about
the specific violation was collected to the extent possible. Thirdly, the impact of
these violations have been analysed in the context of the historical and contemporary
use of the waterbodies, to provide the link between the various lacunae in law and

implementation, and to demonstrate their inefficacy, and the consequent impact on

the 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 recommendations

are presented in a common conclusion to both studies.

Scope and Limitations

to identification of violations specifically corresponding

The study in itself is limited
to the prohibited activities laid down in the CRZ notification. Regions that have
ready access, either by foot or boat were chosen. Interior regions have not been
visited 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 with

indicators that were visible. lt would require the interyention of concerned authorities
to take stock of the complete picture. A team consisting of scientists from many
disciplines 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 these
two waterbodies, but act as directive to preserve numerous rivers, canals and
backwaters of the state in the spirit in which protection was foreseen in the Coastal
Regulation Zone Notifi cation.
 =
The Kallayi Puzha

Locatio n : Kozh iko de District

Length: 22 kns.
Navigable length: 9.6 Kms.
Basin Area:95 Sq. Kms.
Origin: Cherikulothur with on eleyotion of 45 Mts.
Tributaries:NIL

The 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 ancient
Arabian Countries and China. The major trading being timber, the riverbank was
also the workyard for huge sea hring vessels that were constructed according to
the requirement of these trading countries, the remnants of which are visible, even
today at Beypore.

The colonial history books of India would state Kallayi as the largest timber-trading
centre in the world. The rich Western Ghats were the source of this trade. Huge
trees from the Ghats were logged and brought to Kallayi where the sawmills were
located. 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 took
weeks of hard labour to reach the sawmills. lt is estimated that there were around
180 sawmills working day and night at one point of time along the banks of the river
at Kallayi proper and nearby paces like Mankavu and Mooriyad. The sawmill workers,
carpenters, their families, fisher-folk, coirmakers and traders together made Kallayi a
busy place located right in the heart of Kozhikode (Calicut to the Colonialists), the
capitaf of Zamorian Kingdom. The history of economically rich Malabar Mappilas
(Muslims) could also be traced from here. The Baramis, Kunchuttin Haii, Alikkoya
Hafi, Mammukko Haii, Avaran Kutty Haii, Hassan Haiistill the economic elite of the
mappilas, are the legends of this trade.

Fishing and coir spinning thrived along the banks of the river. Coir was an equally
important factor in making timber sea hring vessels - Uruo - apart from being the
major fastening agent- another important export good of Malabar. (The invention of
plastic 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 mangroves
around the river for retting. They were later beaten to separate the fiber which was
then 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 the
household and trading economy of Kozhikode were significant during that time.
Concentration of workforce also paved way for one of the mosr politically conscious
l;''bour movements, especially of lefr ideology, around Kallayi. The romantics wrore
pretry based on the vernacular labour songs, travelogues and in modern times,
l-'otion pictures, depicted the life and romantic history of Kallayi Puzha and her
p'eople. All these are the past glorious history of a city and the people that was spun
eround a single entity- the Kallayi Puzha.

Today the few remaining sawmills along the banks of the river have to depend on
imported softwood for their survival. Centuries of uninterrupted logging has left the
Western Ghats barren along wich the large influx of migratory setders from southern
parts of Keralam ro rhe Malabar region. Timber vessels have given way for much
larger and stront modern ships. Plastic and other synthetic fasteners replaced natural
coir, along with the entry of modern technology and mechanisation in rope making
itself.

The river that once was laden with therappam today stinks with urban waste. The
wealthy have encroached the riverbanl<s and subsequently, portions of riverbed itself,
leaving it as narrow as a ditch ar some places. Any major flood like those which
occurred in 1957 and 196 | would create havoc in the city, given the present state of
affairs. The riverbed filling and waste from sawmills has also affected the depth and
flow of the river. lt is only the grace of the sea thar cleans che waste every day,
through its tidal influence, and makes rhe surrounds habitable.

The History of Encroachments

The British had granted a 95-year lease to setup sawmills ro individuals along the
banl< of the river. There were even instances of foreigners availing of chis provision.
As years passed chese leased lands were converted, or at least, are considered as

converted, to private Property. The legal status of these are yet to be determined. lt
requires a thorough research with Kozhikode Corporation authorities (earlier
Municipal authorities) and their records to determine the actual sratus. But things
 +
did not stop there. As the timber industry is almost at its fag end, the river rhat was
once laden with timber lay vacant and the owners of such properties began
encroaching the immediate bank within their property. This is now being even
extended into the river. During the ebb tide while the water recedes, the riverbed is

filled and stone or concrete walls are erected.

The marshy backwater lands immediate to the river were also leased our by Kozhikode
Corporation to adjacent households, who were engaged in coir making. The
households required these lands for retting the raw coconut husks to be converted
into fibers. Local community has lost these lands since private individuals have
encroached and converted them into their property. Both these would not have
happened without the knowledge of the concerned authorities, in this case the
Kozh ikode Corporation.

The river has two road bridges and a railway bridge at Kallayi proper. A new railway
bridge is under construction adjacent to the existing bridge. Similarly a third Road
Bridge is under construction towards the seaward side within 100 mts of the high
tide 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 first
initiative to regulate the use oi and protect coastal areas, was made in 199 | , with
the promulgation of the Coastal Regulation Zone Notification.

The CRZ Norms

The Coastal Regulation Zone Notification 199 | of the Ministry of Environment and
Forests (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 by
the 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 Government
hereby declares the coastal stretches of seas, bays, escuaries, creeks,
rivers and backwaters which are inlluenced by tidalaction (in the landward
side) upto 500 metres from the High Tide Line (HTL) and the land
between 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, the
following 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 a
case by case basis for reasons to be recorded while preparing the Coasal
Zone Management Plans. Howeven this distance shall not be less than
100 meters or the width of the creek, river or backwater whichever is
less. The distance upto which development along rivers, creeks and
bacl<water is to be regulated shall be governed by the distance upto
which the tidal effect of the sea is experienced in rivers, creeks or
backwaters, as the case may be, and should be cleady identified in the
Coasal Zone Management Plans.

The river area is then subject to the classification into CRZ l, ll, and lll, as is laid
down in the Notification for the regulation of activities in that area and does not
allow construction of buildings along the setoffon the banks of the river. The discharge
of untreated wastes and effluents from industries, cities or towns and other human
settlements, dumping of ash or any wastes from thermal power plants are prohibited
in their entirety in the CRZ.

The methodology followed by the CRZ system aimed primarily at protecting the
banks of the river, within its coastal stretch. However this also afforded some amount

of protection to the river itself, by restricting activities along the banks. The setoff
from the banks of the river ensures that no polluting industrT can come up on the
banks of the river.

Status of the River in CZMP

Kallayi Puzha is represented in the CZ,I{P of Keralam as a waterbody with tidal

influence from the estuaD/ within the Kozhikode Corporation extending inland to
Panchayat limits. (Coastal Zone Management Plan Map of Kerala, Annexure l, Plate

number 55) The distance is approximately 7 kms. The maps also show Conolly
Canaljoining the river between Chalappuram and Mankavu, which also get CRZ
Protectron.
The CZMP describes the area as follows at page 64r: =

Kallayi -Kacheri (map no.55) Entire seaside of this region is part of the
Kozhikode Corporation. Kozhikode port and many other commercial
establishments are present within the Coasal Regulation Zone. Seawalls

are present to the south of the port while to the north of the port
area wide beaches exis*. Kalla)'i River banks have a Coastal Regulation
Zone of 50 m while Conolly canal has less than 50 m wide Coastal
Reg;.thrion Zone in many places. Most of the area is developed and
comes under CRZ-ll"

CRZ Violations in Kallayi Puzha

The CM protection provided to the river exists on paper in the CZMP alone, and is

not visible in practice. Various kinds of violations are to be found in the area, and
their adverse effects range from destruction of the overall coastal environment,
degradation of the river and its banks, to affecting the lifestyle, livelihood, and health
of the local communities.

Bridging violations

The violations along Kallayi Puzha begin from the proposed Coastal Highway at
Pallikkandy beach, Nainam Valappil and Chakkumkadavu of Kozhikode Corporation.
ln this 3 kilometres, a section of the Highway passes through the estuary of the
River. The highway would be barely 25 mts from the high waterline of the Arabian
Sea, 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 by
Centre for Earth Science Studies (CESS), and were therefore required to go through
a stringent process of approval, including preparation of an Environmental lmpact
Assessment report, and conduct of a public hearing. According to the local communities

present there, these procedures have not been followed, making the construction
of 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 as
50 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 siltation
in the river, and the whole exercise tantamounts to an expensive impulse, without
any scientific rationale in its support.

The land acquisition for the road is within 50 mts of the HTL. This will displace more
than 1000 coastal families. Notices to households living along the 3km stretch for
eviction have already been served without any rehabilitation formalities. There are
around 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 consrruction

even 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 the
National Highway NH l7 is less than I km away, both running parallel ro the proposed
high way. There is no mention of the new Highway in the State Coastal Tone
Management Plan. At the same time the proposed Coastal Development Authority
of Keralam, in its recommendation, has mentioned a 580 kms long Coastal Highway
from Kanyakumari to Kasaragod. In all logical sense the above road is part of the
Highway, since there are a number of bridges planned over nearby rivers along the
coastal stretch including the one over Kallayi Puzha estuary. The bridge, in fact, is

itself a CRZ violation, as it is within the No-Development zone, and within 200
metres of the High Tide line.

lmpounding Nature

The Coastal Regulation Zone notification prohibits constructions on either side of

waterbodies with tidal influence. 100 mts or the width of the water body, whichever
is less, is considered as No Development Zone. Walking along the banks of the
Kallayi Puzha one wonders whether such a law is applicable at all. Even while the
CZYP was under preparation, there were rampant encroachmenrs right inside the
nver.

The saw mill owners, industrialists and private individuals, after occupying the riverbank
have now extended their constructions right into the river. Compound walls are
erected and the riverbed is filled, reclaiming large areas of land from the river. Huge
warehouses, leisure houses and clubs are constructed in such reclaimed lands.
 =
The river that was once as wide as 100 to 200 mts at places like Mooriyad, East
Kallayi Road and Pallikkandy Road is now as narrow as 50 mts. Most of these
encroachments have occurred well after the Coastal Regulation Notification (CRZ)
199l, making them punishable acts. Kozhikode Corporation, the legal authority to
monitor and implement the CRZ, is either not using its authority, or is in connivance
with the violators. The Coastal Tone Management Authority is also blind to these
violations.
Some of the violations are as documented below:

t.
Construction : New Building for Saw Mill
Location : Near Pallikkandy Road, opposite to Kundungal
Road
CRZ Area : Along the banks and in the riverbed
Violation : Land Reclamation, construction within No
Development Zone
Year of Construction : 1998
Ownership : Private

2.
construction : New Building, inside the compound wail, which is
extended to the river bed, 50 cents ofland has been
refilled for construction
Location : East Kallayi Road, opposite to peageant Trading Co.
CRZ Area : Along the banks and in the riverbed
Violation : Land Reclamation, construction within No
Development Zone
Year of Construction : 1995-95.
Ownership : Azad Mills
3.
construction : New Building, inside the compound wail which is
extended to the river bed, 50 cents of land has been
refi lled for construction.
Location : East Kallayi Road, opposite to Peageant Trading co.

CRZ Area : Along the banks and in the riverbed

Violation : Land Reclamation, construction within No
Development Zone.
Year of Construction : 1995-96.
Ownership : Azad Mills
4.
Construction : New Building.
Location : East Kallayi Road, near Muslim Orphanage.
CRZ Area : Bank of the river
Violation : Construction within No Development Zone
Year Of construction : 1994-95
Ownership : Private

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5.
Constructiqn : Factory Building
Location : Pallikkandy Road
CRZ Area : Riverbank
Violation : Construction within No Development Zone
Year of Construction : 4996-97
Ownership : Private
6.
Construction : New Building
Location : East Kallayi Crossroad
CRZ Area : Inside the riverbed
Violation : Land Reclamation, construction within No
Development Zone
Year of Construction : 1995-96
Ownership : Private
7.
Construction : New Building
Location : Pdlikkandy Road, opposite Maveli Store
CRZ Area : Bank of the river
Violation : Construction within No Development Zone
Year of Construction : 1996-97
Ownership : Private
8.
Construction : New Building
Location : Pallikkandy Road, opposite Maveli Store, adjacent
to encroachment no.6 (aforementioned)
CRZ Area : Bank of the river
Violation : Construction within No Development Zone
Year of Construction : 1994-95
Ownership : Private
9.
Construction : New Building
Location : Opposite to Edison English Medium School
CRZ Area : lnside the riverbed
Violation : Land Reclamation, construction within No
Development Zone
Year of Construction :
Ownership : - Private
10.
Construction : New Building.
Location : 50 metres upstream Kolloyi Puzho
CRZ Area : lnside the riverbed
Violation : Land Reclamation, construction within No
Development Zone
Year of Construction :
Ownership :- Mangalam Publications
 Strangling the River =

Travelling upstream, one would find the river being the dump yard for Kozhikode
Corporation sewage, hotel, butchery and poultrT wastes. Waste disposal by industries
also contributes toward the polluted condition of the river. There is a canal flowing
directly 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 of
Chakkukadavu - Nadinagar. The Chakkumkadavu Canal that was once navigable
now lies clogged with this waste and siltation. People have stopped using water from
their wells since the sewage and polluted water seep into them.
The following have been identified as clearviolators of the CRZ:

l. Pollution Sewage Disposal

Location Between Abu Sahib Road and Pallikkandy Road
CRZ Area Into the river
Violation Discharge of untreated sewage into CRZ
Year Ongoing
Violators Kozhikode Corporation, Private industries,
households

2. Pollution Slaughterhouse waste disposal

Location Nainamvalappil
CRZ Area Into the rivermouth
Violation Discharge of solid waste into CRZ
Year Ongoing
Violators Kozhikode Corporation, numerous
slaughterhouses, 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 swell
and 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 its
environmental integrity. The violation is documented as follows:
Extraction from river : Sand mining

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Location : Areas near the Kothi bridge

CRZ Area, : Riverbed
Violation : Prohibited activity under CRZ
Year : Ongoing
Ownership : Various private contractors

Legitimising lgnorance

A Committee was set up under the chairmanship of Prof. Balakrishnan Nair to

of Keralam. Following this, another
examine these issues in the specific context
committee was set up under the Chairmanship of Fr. CJ. Saldanha to consider the
recommendations of the earlier committee report in a national perspective. The
lacter committee submitted its report in September 1998. The scope of work and
recommendations of the committee, among other things, related to the reduction
of 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 as

follows:

[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.
Recommendation

The committee recommends that under the unigue conditions

mentioned above for Kerala, the CRZ distance should be reduced to 50 m in case of
backwaters, 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 of
rivers, creeks and backwaters ma)/ be modified on a case by case basis for reasons
to be recorded while preparing the CoastalZone Management Plans, howeven this
distance shall not be less than 100 m or the width of the creek, river or backwater
whichever is less.

2 Report of the Expert Committee to Examine Specific lssues in Kerala State Relating to
Coastal Regulation Zone Notification, page 5
 8. 3. 2 Th e Am en dm e n t issu ed by Min istry of Enviro n m en t & Fo rests=
in August 1994, permitted the width of the Coasal Regulation Zone to be 50 m or
the width of the creek, river or backwaten whichever is less.
8.3.3 The Supreme Courc had guashed this amendment by its
order dated lF April 1996 and as a result the position today is that the CRZ along
rivers, 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 the
purpose of defrning the stretches of land abutting them as CRZ. These water bodies
are rivers, creeks and bacl<waters. The notification then bans or restricts certain
activities inside the defined zone. Since almost all sorts of water bodies are included
and the prohibited activities include construction activities also, there is severe
hardship hced by the people of the thickly populated coastal region.
The backwaters are special hydrographic features and are
extensive, shallow, bnckish water tncts l)/ing adfacent to the sea almost et or near
sea /eve/. Some of them lie parallel to the sea while others penetrate deep into the
hinterland and with extensive crenellations, irregular branchings, complex geometr)/
and obstructing islands. Most of the rivers instead of flowing into the sea enter the
backwaters which is a unigue feature.
Needless to sa)/, that in such a scenario, the length of the
watet{ront wi// indeed be quite large. A closer scrutiny of the backwater systems of
Kerala would show that by involving the word 'backwater'in the Notification, the
jurisdiction of the CRZ has been magnifred at least ten times in Kerala. ln the
normal scenario without the backwaters the coastline would have been along the
coasts and estuaries only. But because of the interconnecting waterways and abutting,

islands the length of the waterfront is magnified many times. With the pressrJre on
land in the coastal area this would create misery for the inhabitani.

The rationale for this recommendation is that such a reduction would reduce the
trend of violations of the CRZ in such areas, and is based on what the committee
considers ground realities. The attempt of this document is to establish the
ineffectiveness of this proposed reduction, and to present the ground realities which
demonstrate the same. As can be seen from the instances mentioned above, the
violations are, in almost all cases, within the riverbed or directly on the riverbanks. A
reduction to 50 metres would not change the situation, as the area would continue
to be CRZ, and on the contrary it would only remove the protection now afforded

? ihid Paoe< 41 44

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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 that
all the constructions, without exception, are either in the nature of industries or
bungalows, or other kinds of leisure houses. This finding defeas the rationale of the
amendment, that it is the economically weaker sections of the populace who violate
the 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 the
chances of pollution, as not only are industries encouraged along the river, but the

increased proximity to the river also increases the chances of waste being dumped
directly into the river, as a cheap method of disposal.

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

One must also keep in mind the specific context of these reductions, and the unique
ecologically destructive impacs it will have on various such waterbodies. In the case
of 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 also

due to secondary factors, such as pollution. The carrTing capacity of the river and its

eco-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. By
allowing this river to degenerate, there will definitely be negative impacts on the
Coastal Eco-system, which may manifest itself in many forms, ranging from sea level
rise to coastal erosion. This could seriously affect all constructions in the area.

Such consequences are dangerous, not only environmentally, but also to the people

living on the coast. These linkages must be recognised, and the importance of
protecting tidal waterbodies must be emphasised. Until these issues are given priority,
and the need to protecr the river by strict implementation of the waterbodies are
recognised, violations such as those aforementioned will continue to subsist, and
must be checked, rather than facilitated by a reduction in the setback specified in the
CRZ.
Huge warehouses and other constructions extend into the Kallayi Puzha at Pallikandy
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
 =
Parwathi Puthen Ar

Location : Thi ruva n onth opu ro m District

Length: About 22km - Thiruvallom to Channonkoro
Ab o ut I 8 km - Vo ll okko d ov u (Th i ruv o n o nth o p u ra m)
to Chonnonkaro (Kodinomkulam Koyal)
Average breadth: About ,Omts
Depth: Averoge 3mts.
Altitude: Meon seo level

The past

The historT of Paruathi Puthen Ar goes back to the pre-independence era of the
then Travancore Kingdom and its rich commerce and trade. Agricultural produces
were abundant along the rich bachvater regions and the coast. The intention behind
a canal was to connect the backwaters of Travancore coast" and thereby establish an

Inland waterway, which would promote the trade and industry of Travancore. The
original idea behind this canal, which we see today, was conceived by Col. Monroe,
who was the Resident of Travancore, when Her Highness Maharani Sethu Parvathi
Bai was ruling as Regent'.

Her Highness decided to implement the idea in 1824. The work for canal was

started in 1825 and completed in 1828. Later during the reign of His Highness Maharaia
Sree Moolam Thirunal, as a part of improving the efficiency of inland waterways
throughout 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 the
other to link Kollam and Paravur.

Trade

Rich agricultural produces from the interiors were brought to the trade centers of
the 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 Moolam
Thirunal"

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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 laden
with goods moving towards Vallakkadavu boathouse3. A number of jetties along the
canal handled these goods. These centres gradually became the trade centres with
large warehouses for storing the goods. Muslim tradesmen mainly owned these
warehouses.

The main ietties of the canal from south to north are the following;
l. S.M. Lock (Poonthura)

2. Val lakkadavu (Thiruvananthapu ram)

3. Chackai (Pettah)
4. Vazhavila (Anayara)
5. Veli
6. Poundukadavu (Kulathur)
7. Channankara (Kadinamkulam)

One can see the remnants of the godowns of the 'Settus' or 'Aalais' -the Muslim
merchanrs- 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. 'Sree
Moolam Lock' (SM Lock) in the south was a main revenue collection centre. In

Pettah there were a number of administration offices and other counters for collecting

the taxes and duties from the traders.

The Ar was also an important means of transport for the people as well as the
Maharaja. The Maharaja had his private boathouse near Vallakkadavu. He used to
travef 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 very
complex geo-physical region. The features of the coastal stretch as it gets closer to
rhe southern most tip of the sub continent need special attention. The Western
Ghat gradually submerges into the sea in this region leaving behind highly complex

I Personal Incerviews with local people.

a Supra n.3
wetland syst€ms, rivers and vast Kayals. In hct, though these regions are highly =
developed and thickly populated, it needs special protection in the interest of the
environment. Till recently the mid land forests use to extend up to Ar as was in
Akkulam and these were classified as forest lands. Also, certain areas are prone to
slumping, which adds the importance for protection and regulation in these times of
increased sea level rise.

The long stretch of the coastal area bordering the neighbouring state of Tamil Nadu
is 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 another
pifgrimage and tourism centre Varkala. The Parvathi Puthen Aris linked to Karamana
river and Kadinamkulam kayal and also to the Veli-Akkulam lake, which again is a
famous tourist spot. The ,4r is largely influenced by the tides as both ends are in
estuaries.

Poruothi Puthen Ar inthe CZMP

The 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 the
area.

Wzhinjam-Beemapalli (map No.3 & 4)

The complex coast consisting of roclcy areas (Muellen in the south and

Vizhinjam - Kovalam sector), latterite cliffs ((between Mulloor and

Vizhinjam), pocket beaches (at Wzhinjam - Kovalam), barrier beaches
(Punthura) and an open coast (Poonthura - Beemapalli) has a total length

of 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 is

an international tourist destination. The Vizhiniam Kovalam sector is of

outstanding natural beauty (CRZ-\, but the area is not demarcated.
The laterite cliff area which also comes under this category is subiect to

slumping 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 to
Pachalloor) since comes under ruralsector is CRZ-lll. Norch of Pachallur
is the Thiruvananthapuram Corporation area, which is CRZ ll. The

Pamothi 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 be
regulated (Table.9).

Vali2'athun-Veli (maP no' 5)

This I km stretch has a uniform pettern throughout without any
noticeable features. Sankumughom and Vettukkad are heritage areas
and 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 a
regulation area eguiualent to its width. The entire coastal area is CRZ
ll, (able.8) as it comes under Trivandrum Corpontion. The area from
Chakka to Akkulam lake is in Kadakkampalli panchayat and hence is
CRZ 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. At
southern end the Akkulam-Veli Loke is located. This loke stretching
to 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 coast
Thumba to Pallithun is a 'legally designated urban area'and hence is

CRZ ll. Rest of entire regulation area is rural and is CRZ lll. The area
bound by each categoty is given in the table .9.

Ch an nan ka ra - Peru m th u n (map n o. 8)

This is 6.5-km stnight continuation of the earlier coast. However the
coast borders the Kadinomkulom koyol all olong. Upper half is in
fact a barrier beach. The regulation zone in the kayal area extends
inland upto a disance of 4 km at Kotaramvila. The entire regulation
zone is CRZ lll. When the 500-m zone has an area of 3.134 sq. km, the
50-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 deeper
understanding and larger protection required to this region. lt could be argued that
the mandate for the CZ;I{P was limited to the CRZ, but knowing the outlook of the
system towards any regulations where environment is central, the CZMP limits itself
to the CRZ norms, without any forewarning for the planners or policy makers. This
is in spite of blatant violations of the CRZ norms by various government agencies as
=
well as privap,e individuals along this fragile coastal stretch, whether it is the tourism
industry, Municipal Corporation, airport, authorities or the chemical industries.

The present

There 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 also
be far cheaper than by road and also more environment friendly. The neglect that
has fed to the destruction of the Arhas been on the part of the authorities and the
attitudinal change of the planners of development" Instead of maintaining this nearly
two century-old human creation, the planners today find it easy to encroach the
banks, and dump municipal sewage and construction wastes in and around the banks

of the Ar.

The canal, which once was clear water, is now in a dirty condition. The 'sewage
farm' of the Thiruvananthapuram Corporation, on the banks of the canal near
Muttathara, dumps all the waste materials into the canal. People around the canal
also add to this. In most of the parts the canal is covered with water hyacinth and
other weeds. This makes the transportation by boaa difficult. As part of 'Clean
City 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 in
length. Now the navigation is mainly for transporting sand (both beachsand and sand
quarried from the Veli Backwater). About 300-500 workers and 40-50 boats are
working 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 and
6.00pm.

Construction works

As a part of the flood control measures in Thiruvananthapuram City the work of

connecting the city drainage canals to t the Parvathi Puthen Aris underway.

The Airport Authority has fenced a portion of the canal near Muttathara for runway
development. They had built a new observation centre near the canal and are
dumping building wastes to fill the banks of the canal.

Monitoring the Kerolom Coost

Choked by pollution from the surrounding new townships, urban settlements and =
tourism, the lake that was once a means of livelihood to rhe agrarian and fishing
community living along the banks of the lake can no more suppoft them. Lack of
planning and initiatives for sewage and waste management today chokes the lake to
the verge of death. Especially at Akkulam the lake is not even visible because of the
rampant growth of water plants and other weeds.

The Veli area is the industrial area of Thiruvananthapuram district with many industrial

establishments. The largest is the Travancore Titanium Limited which dumps directly
to sea but the smaller industries which do not have any discharge or treatment
facilities dump both solid and liquid waste in to the,,4r

According to a study by C. Jayakumar,

"The increasing urbanization followed by formation of Kenlam state and
declaration of the city as capital was beyond planned growth and the existing
sewage s)'stem could not handle the load eventuallyallgot dnined to Akkulam.

simultaneous to this, the growing city had more needs. The Akkulam area
was selected for industrial esablishments, Hindusan Latex and English lndian

clays and many others were established. The lndian space Research
organization started mary/ centers and the north west of the lake became
the restricted area. The Centre for Earth Science Studies was established
in the early eighties."

This being the situation, one wonders how the state shall manage the numerous
industrial and trading projects that are shooting up in and around this region. The
waste and effluent from new hospital and housing complexes and warehouses thar
are sprouting along the lake and other connecting waterbodies like the Amayizhanjan

Thodu will directly enter the lake area if an effective waste managemenr system is

not adopted. There are china-clay mines in the catchment areas. The English India
Clays also produce large quantity of clay waste. All these eventually drain to the
complex system, killing the lake and subsequently the Ar.

Constructions

The local people and groups say that the destruction of the Arand its subsidiaries is

mainly by the authorities that are supposed to protect ir, as in rhe case of sewage,
which is the responsibility of the Thiruvananthapuram Corporation. Large-scale
construction 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 ignored

or special sahction is given, since these are prestigious public sector undertakings.
This also makes it difficult for concerned local groups to intervene. The private
sector considers this advantageous. lt is the unplanned development on the part of
the state that initiated the deterioration of the An the lake and the surrounding
area.

Even after the Ar has been recognised as a waterbody of importance with tidal
influence and included into the Coastal Tone Management Plan, the Ar and its
subsidiaries like the Veli - Akkulam Lake and Amayizhnianthodu are under severe
threat of large-scale constructions along the bank. Hospitals, warehouses and housing
complexes are under construction near Venpalavattom area.

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

Certain development needs cannot be avoided totally along fragile regions and CRZ
areas. The question is how these developments are determined and graded. While a

bypass may have to pass through some region of the lake the question would be to
see that its effects are minimal. The constructions need to be carried out based on
more scientific and in-depth studies and extra precautions and regulatory measures
put to effect, so that minimum impacts are felt by the fragile eco-systems. No such
measures seem to have been considered where the new bridge for the bypass is

being constructed, along the Puthen z4r junction. The only criterion the government

and the contractor dealing with the bridge construction have considered is the seasonal

factor, when the water flow would be minimal. But this is considered only as regards

the advantages to the contractor and not with reference to the lake.

Also, there must be a differentiation between the various needs for such
constructions. A bypass may be a part of another larger requirement. But to have a

road constructed, like the one at Kadinamkulam, exclusively for a couple of users
without any regard to the CRZ regulation, is not lustifiable.
 €

Overall, the State Government's and concerned authorities'attitude towards CRZ

is not encouraging. Even during the preparation of the CZ;YrP,the State had taken an

arbitrary position to bypass the CRZ notification. All these are evident in the way
the authorities treat a valuable eco-sysrem like the Paruathy Puthen,4n, and the
connected waterbodies and systems in and around the Ar. lf immediate steps are
not t:rken, with clear provision for monitoring and prosecution of violators, the
Puthen Ar will also reach the same fate as those of human-made canals like the
Manroe Canal of Tamil Nadu.

Violations by tourism

Veli-Akkulam regions are the hubs of backwater and adventure tourism in

Thiruvananthapuram district. Both are based on the lake that is linked to the Parvathi
Puthen Ar. At Veli the lake is open to the sea. There were rich mangroves systems
on either side of the lake till some time back. The lake near the tourisr complex at
Akkulam is completely filled with weeds and grass making it impossible ro recognise
it as a lake.

Tourism development started here as a simple pastime activity. As C. Jayakumar

says in his reporc,
"The area, which had good paddy fields and agricukure land and coconut

palms, represented the traditional rural setting close to city. The Local
people used to lish in the lake and the fishermen reports the variety of
fishes they used to get. Retting of coconut husk, coir industry and
other traditional practices was the livelihood. The area by and large
retained the agriculture landscape and was suppofting under privileged
and weaker sections were the larger part of the population sustained
by the above occupation. The orSinal idea was to spend rupees one
crore for development of the region".

'A small facility was set up at Veli as )/outh Hostel and boating was
developed, the area was taken over by the Tourism Department and it
became a centre for adventure water sports and youth center. The
Tourism sculptor Kanayi Kunhiraman built his usual nude sculpture and
did landscaping. Floating restaurant, floating bridge and hovercraft etc
were added to this later. The pressing need of people to go out for
evenings or short outings resulted in good crowd coming to eat ice

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creamsetc. The idea of creating additional hcility was a need chus

further up in the backwater, Akkulam was selected for mafor
development".
What followed was a typical urban mindset of tourism development, without taking
into consideration the ecological sensitivity of the lake and also the people who are
dependent on it for their survival. Boat clubs, water park, island restaurant with
fountain, floating bridge, floating restauranr, swimming pool, children's park erc were
some of the tourism 'development' envisaged here. As usual, many of chese did not
materialise for lacl< of financial suppoft, but the damage was nevertheless done.
Landscaping and dredging wiped out the entire vegetation including mangroves on
one 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 tourism
development. The mangrove and other vegeurtion were cleared from this bank and
concrete footpath was built all along till the estuary of the lake. On the opposite
bank mangroves are periodically cleared for making way for the tourist boas. Though

it may be argued that most of the constructions were prior to 199 | and hence do
not fall into the CRZ norms, the damage is already done.

The Akkulam Lake is being choked to death by pollution. Clogged with weeds and
water hyacinth, the lake at Akkulam is unfit for venruring into. The boating, which
was part of adventure tourism, could not sustain here long since the boat propellers
got struck into the solid waste and weeds. The water stinks with untreated sewage
of the Thiruvananthapuram City. Parents visiting the lake find it difficult to explain to
their children the presence of floating napkins and condoms on the water, that too
in large numbers. The motor boats churned up all these to the surface and in two
years time the tourism developments killed actual potential of the area to attract
visitors. Now there are plans to build island restaurants in the lake. One could see
granite 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 that
tourism 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 of
development is to converc the entire area into one tourist complex, what the
authorities term as Akkulam-Veli Tourism Village. The village shall be in an area of
405 acres of land around the lake that shall consist of hotels, cottages and golf
courses. An estimated amount of Rs.l l2 crores shallthe be cost of setting up the =
infrastructurb requirement for these facilities. But this is possible only after displacing

the remaining community from the area. Of the I 12 crore rupees estimated 72
crore is for rehabilitating the community. What is currently barring the total
destruction of the region is the agitation of the people against the move to displace
them.

In these times of eco-tourism and nature travel, it becomes difficult to understand

the mindset of tourism planners and developers. Even while they are dealing with
areas that are ?cologically fragile, and abound with natural beauty, their idea of
tourism 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 systems
like the lakes and mangroves to continue their natural interaction. That this shall

attract more tourists and the tourism industry shall be a contributor in educating the
visitors the value of nature and the need to protect the same is ignored. Instead it is

ironical that tourism industry, which claims to be the protector of environment,

plays the part of destructor. To provide tourism that is natural, without tampering
with nature, is something that the tourism authorities need to understand.

On the other hand tourism industry must be concerned about the future of these
natural heritages on which they bank for the survival of tourism. The industry should
have 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 Thiruvananthapuram
Corporation from draining all its wastes into the lake. Taking into consideration the
status of the lake, and the protection it is accorded under the CRZ, tourism authorities
should ask the state government for strict implementation of the same.

Some violations are as documented below:

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

ll - Channankara canal

Puttan Ar connectes here with Kadinamkulam Kayal. Coir factory - a new road is

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

lll - Thiruvallam
Puttan Ar meets Karamana River here. A new bridge is being constructed here -
The Bridge connects the ldayar Delta - Pollution of garbage is severe here. This
garbage 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 bridge
This is the main sand mining area. This area is of cultural importance and an annual
pilgdmage centre for Hindus.

V - Venpalavamam

This is the section of the Ar between Venpalavattam and Karikkakam

- new
construction of warehouse - this is in between the new proposed bypass. The work
is in progress.

Vl - Akkulam - Veli Lake - Puthen Ar junction

The new bridge for the by pass is being constructed.

Vll - Veli Lake

Clay factory - English Indian Clays limited. - lt is for this 6ctory all the hillocks near
by the lake was leveled causing serious problems for the water inflow to the lake.

Vlll - Veli tourist centre

For tourism development the entire bank of the lake upto the sea front has been
leveled and land scapped. Though this has happed prior to the CRZ regulations it is

a living example how tourism treats natural eco-systems. On the opposite side of
the lake mantroves are systematically cut down for making way for the tourist
boats.

lX - Amayizhanjanthodu
This small canal is connected to the Akkulam Lake. Construction of a hospital is in

Progress right on the bank of this small canal - any waste from this centre shall go
directly into the Akkulam Lake.
X - Amayizhanjanthodu =
Filling of Amayizhanjanthodu with garbage waste and china clay for reclamation for a
new proposed housing complex by G Rameshan, a noted abkari contractor.

Conclusion

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

Panllel to the Coast there is a chain of backwater lagoons interconnected

with natural and artilicial canals. Since the river, backwaters and the sea
are interconnected, pollution of one water body is automatically
transmitted to the next water body ultimately resulting in coascal pollution.
It is estimated that there are l4 municipal waterbodies which discharge
about 6540 tonnes of organic material per day into the coastal waters. ln
addition, another 3 lakh cubic metres of industrial eftluents, emanating
from over 200 large and medium and 2000 small-scale industries, are
directly discharged into the CoasalZone of the Sate. On top of it there
is a heauy traffic of marine vessels for fishing, port and defence related
operations, which make the coastal waters vulnerable to oil spills and
water quality degrzdation.

This shows the importance of protecting waterbodies such as the Parvathi Puthen
Ar, and the Kallayi River, which are now an integral part of the coastal water and
eco-systems. The cumulative aspect of pollution, is not taken into consideration by
neither the CRZ, nor the water pollution laws, in deciding individual cases or fixing

s Monitoring of Coastal Waters, 1993, at p.20.

Monitoring the Kerolom Coost

 Equotions

general permissible levels of pollution. For example, when the Environmental lmpact
Assessment (ElA) report of a proposed project is considered, what is looked at is

only the level of pollution caused by the individual project in arriving at what is

termed as'permissible level'. The number of other such 'minimally' polluting industries
and their cumulative effect on the environment is not considered. Also, the CRZ
does not consider the impact of pollution, which flows into CRZ areas, from regions
which 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 or
covered by the CRZ regulations, despite continuous and exhaustive amendments.
As already seen the report of the Central Pollution Control Board shows that the
effects of pollution in the backwaters of Keralam are felt in the coastal waters of the
area.

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 to

backwaters as a whole.

A lacuna that is clearly demonstrated by the entire study is that the CRZ does not
make it clear that Riverbeds and Kayal beds are part of the CRZ region. This aspect
must be clarified, especially in the light of the violations that occur in the riverbed of
the Kallayi, where land is reclaimed and used, and also in the case of Kayals like
Kadinamkulam, where reclamation seems to be the order of the day. The bed of
such waterbodies must be specifically mentioned to be a CRZ-I area, in the light of
its 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 the
non-compliance with the setoffs demarcated under the CRZ. The arguments have
been mentioned already that any reduction of setoffs not only poses a severe threat
to the eco-system of the river, but also, the benefit of such reduction goes to the
affluent landowners, and industries, rather than the local peoples and traditional
communities who are economically disadvantaged. For these reasons, it is imperative

that the setoffs not be reduced, and also that the existing demarcations be strictly
followed, and action taken against the violators.
 =
Recommendations

The following recommendations are reiterated in briel as these are the imperative
and 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 under
the CRZ notification.
c) Riverbeds to be declared as CRZ-I area.
d) Comprehensive protection irrespective of whether such waterbody is
human-made or natural.
e) Stronger protection through stricter enforcement of law including
proper 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 be
given consideration, in addition to the violations pointed out.
. In both cases, due to the severe degraded state of the area, remedial
measures must be taken up, in terms of restoration.
. Specific attention must be paid to destruction of mangroves, which can
have severe repercussions on the Coastal ecology.
. A comprehensive monitoring and study of both waterbodies be
undertaken by a team of experts from various disciplines.

The sectoral and segmented administration and management of rivers allows them
to be subjected to various threats. Though the focus is on protecting the Coastal
eco-system, such protection cannot be done without affording comprehensive
protection 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 which
management and protection of these eco-systems must take place.

Monitoring the Kerolom Coosl

(Above and Right) The Puthen Ar and the Kadinamkulam Kayal meet at this point
near 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 the
CRZ, to cater only to a coir factory

(Below) Amayizhanjathodu:
Filling of canal and
construction
 (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 the
background are seen the blocks of granite placed for the construction of an island restuarant by theTourism Department
 Veli Lake : A ompaisim can be made of he nabral rteg€ildbn on tp fa
bank, wi0r fte landsca@ arca on the mar bank. Erbititq nafurd
vegetatbn is replaced by artiftcialgrm and concrete fooQa$, brbudsm
purposes

Veli Lake: Mangroves have been cleared for passage oftourist boats
Plastics and Garbage clog Veli Lake,while the boats awail tourists
 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 is
ihe new bridge, under construction
 Annexure
=
MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION

New Delhi, the 5th August, 1999

S.O. 629 (E): The following draft nodfication fufther to amend the notification of the

Government 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 to
make 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 of
the Environment (Protection) Rules, 1986, is hereby published for information of all
persons likely to be afrected thereby and notice is hereby given that the said draft
notification shall be taken into consideration after the expiry of a period of sixty
days from the date on which copies ofthe G^zette of India containing this nodfication
are made available to the public;

Any person desirous of making any suggestion or obiection in respect of the said
draft notification may forrvard the same for consideration ofthe Central Governmenr
within the period so specified to the Secretary to the Government of India, Ministry
of Environment and Forests, ParTavaran Bhawan, CGO Complex, Lodhi Road, New
Delhi- | 10003.

Draft Notification

Whereas by notification of tlre Government of India in the Ministry of Environment

and Foress number S.O. I 14 (E), dated, the l9th February, 199 | (hereinafter referred

to as the said notification), the Central Government declared Coasal Stretches as

Coastal Regulation Zone and restrictions were imposed on the sefting up and
expansion of industries, operations and processes in the said Zone:

And, whereas, it has been brought to the notice of the Central Government that
difficulties are being faced by the inhabitants of the areas hlling within the said Zone
and there is a need for infrastructural hcilities in these areas:

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

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

Now, therefore, in exercise of the powers conferred by sub-secti<in ( l) and clause

(v) ofsub-section (2) ofsection 3 and section 6 ofthe Environment (Protection) Act,
1986 (29 of 1986), the Central Governmenr hereby makes the following amendments

further to amend the said notification, namelyi

In the said notification.-

(a) in paragraph I, in sub-pangraph (3),-
(i) the lines beginning with "For the purpose of this notification" and ending with
"general guidelines issued in rhis regard", shall be numbered as clause (l) tiereof;
(ii) after clause (l) as so numbered, for the existing Note and the entries relating
thereto, the following clauses shall be substituted, namely-

"(ll) The distance from the High Tide Line shall apply to both sides in the case of
rivers, creek and backwaters and may be modified on a case to case basis for
reasons to be recorded while preparint the Coastal Zone Management Plans.
However, this distance shall nor be less than 100 metres ofthe width ofthe creek"
river or backwater whichever is less. The distance upto which development along
rivers, creek and backwaters is to be regulated shall be governed by the distance
upto which the tidal effect of sea is experienced in rivers, creek or backwaters, as

the case may be, and shall be clearly identified in the Coastal Zone Management
Plans.

(lll) The distance mentioned in clause (ll) above, may be reduced to 50 merres or
the width of the rivers, creeks and baclonaters, whichever is less, for specified
s$etches, by the Central Government orany authority designared b/ ig for permitting
construction of dwelling units for local inhabitants if,-

(i) the area is not classified as (CM-l),

(ii) the availability of ground water is assured by the concerned authoriry in the
State/Union territory and proper facilities for treatment and disposal of waste water
and sewage are cenified by the concerned local authority,

(iii) the proposed construction is not used for any commercial activity, and

Moniloring Kerolom Coost

(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 is

not 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 total
area of the Panchayat/Ward,

(d) the coasul land is a barrier island, sand bar or spit sandwiched between the sea
or bay and rivers, creeks and backwaters or between rivers, creeks and backwaters
provided that the ayerage width of the barrier island, sand bar or spit is less than
1000 metres.

(e) it is an area with an elevation of more than | 0 metres from the Mean Sea Level at
any point within | 00 metres of the inland tidal water body.
Note: The term local inhabitanr used in this clause and elsewhere in the notification
shall be construed as a person or his descendants who have been inhabiting in the
area prior to the l9th February, 199 | ."

(b) in paragraph 2, in sub-paragraph (ii), for the existing proviso, the following shall
be substituted, namely:-
"Provided that the Central Government, may permit-
(i) facilities for storage of the petroleum products as specified in Annexure-lll
appended 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 Oil
Safecy Directorate in the Government of India, Ministry of Petroleum and Natural
Gas and such permissions may:-

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

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

 Equqtions

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

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

(ii) Facilities for receipt, storage and regasification of Liquefied Natural Gas within
the said Zone in the areas not classified as (CRZ l), subject to implementation of
safety regulations including guidelines issued by the Oil Safety Direcrorare in the
Government of India, Ministry of Petroleum and Natural Gas and guidelines issued
by the Ministry of Environment and Forests."

(c) in paragraph 3, in sub-paragraph (2), after clause (ii), the following clause shall be
inserted, 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 be
permitted between the Low Tide Line and the High Tide Line", the following shall be
substituted, namely:-

"No construction activity, except for salc harvesting by solar evaporation of sea
water and as lisred under sub-paragraph (xii) of paragraph 2 of this notification shall
be permitted between the Low Tide Line and High Tide Line.

Provided that such salt harvesting shall not be permissible in inter-tidal areas defined
and covered under clause (i) ofthe marginal heading Category | (CRZ-|)".

(b) in the existing proviso, aft.er the word "Provided", the word "further" shall be
inserted;

(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

 €
(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 which
are required for the local inhabitants, may be permitted, on a case basis, by the
Central Government or State Government or any designated authoriq/.

Provided that construction of units or mechanisms for domestic sewage treatment

and 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, on
a case to case basis, by the Central Governemnt or State Government or any
designated 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 area
shall be limited to 100 sq.m.,

(ii) the individual dwelling unit must be constructed by the local inhabitants for his
bonafi de residential purposes,

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

(iv) subiect to the conditions listed at (i), (ii) and (iii) above, all other conditions as

laid down in clause (iii) of the marginal heading CRZ-lll of sub-paragrpah (2) of
paragraph 6 relating to construction of dwelling units shall apply";

(c) in clause (iii), for the words "Construction/reconstruction of dwelling units between

200 and 500 metres of the High Tide Line permitted so long it is within the ambit of
traditional rights and customary uses such as existing fishing villages and goathans",
the following shall be substitued,
namery:-
 Equolions

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