KSLU Solved Question Papers
Environmental Law
Previous Year Question Paper with Solution
B.B.A. LL.B. (Five Years) · Sem 10
2023 Mar (70 marks) Examination
munotes.in
Mumbai
B.B.A. LL.B. (Five Years) Sem 10 Environmental Law 2023 Mar (70 marks) Question Paper with Solutions
First published on munotes.in on 2 November 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2023 Mar (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 Mar (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2023 Mar (70 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Total marks 70 · 12 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Discuss the salient features of coastal regulation zone notification.[10]
Answer
For full marks, cover: the source and history of coastal regulation (section 3 of the Environment (Protection) Act, 1986; the notifications of 1991, 2011 and 2019); what the Coastal Regulation Zone covers; the four categories (CRZ-I A and I B, II, III A and III B, IV) with the No Development Zone; the activities prohibited throughout the zone; the regulated and permissible activities; the plans and authorities (Coastal Zone Management Plans and Authorities) and prior CRZ clearance; the leading cases (Indian Council for Enviro-Legal Action, coastal order of 1995; Kapico Kerala Resorts); an assessment.
Source and history
The Coastal Regulation Zone (CRZ) Notification is made by the Central Government under section 3 of the Environment (Protection) Act, 1986. That section empowers it to restrict the areas where industries and processes may be carried on. The first notification was issued on 19 February 1991. It was replaced in 2011, and the present one is the CRZ Notification, 2019 (G.S.R. 37(E), dated 18 January 2019). The 2019 notification followed the report of a committee chaired by Dr. Shailesh Nayak.
Its stated purpose is to conserve the unique coastal environment and secure the livelihood of fishing and local communities. It also seeks sustainable development on scientific principles, taking account of natural hazards and rising sea levels.
What the zone covers
- Along the sea. The land from the High Tide Line (HTL) to 500 metres on the landward side.
- Along tidal water bodies. The land from the HTL up to 50 metres, or the width of the creek if less. This covers rivers, creeks and backwaters connected to the sea. This applies as far as tidal effects reach, fixed by a salinity of five parts per thousand.
- The intertidal zone. The land between the HTL and the Low Tide Line.
- The waters. The sea and its bed up to the territorial limit of 12 nautical miles, and the water and bed of tidal water bodies.
The islands of Andaman and Nicobar and Lakshadweep are dealt with separately.
The categories
| Category | What it covers | Rule in brief |
|---|---|---|
| CRZ-I A | Ecologically sensitive areas: mangroves (with a 50 metre buffer for large stands), corals, sand dunes, turtle nesting grounds and similar | Generally no activity, save narrow exceptions such as approved eco-tourism and public utilities |
| CRZ-I B | The intertidal zone | Only listed activities, such as ports, jetties and bridges, and other foreshore facilities |
| CRZ-II | Substantially built-up land up to or close to the shoreline within municipal or other urban limits | Buildings only on the landward side of the existing road or of existing authorised structures |
| CRZ-III A | Densely populated rural areas (more than 2,161 people per square kilometre, 2011 census) | A No Development Zone of 50 metres from the HTL, once the coastal plan is approved; otherwise 200 metres |
| Category | What it covers | Rule in brief |
|---|---|---|
| CRZ-III B | Other rural areas | A No Development Zone of 200 metres from the HTL |
| CRZ-IV | The water area: IV A in the sea, IV B in tidal water bodies | Traditional fishing by local communities allowed; other activities regulated |
Prohibited activities (paragraph 4)
Throughout the zone, subject to the exceptions in paragraph 5, the following are prohibited:
- setting up new industries and expanding existing ones;
- manufacture or handling of oil and storage of hazardous substances;
- new fish processing units;
- land reclamation, bunding or disturbing the natural course of seawater, except permitted activities;
- discharge of untreated waste and effluents;
- dumping of city waste and debris for landfill;
- port projects in high eroding stretches;
- mining of sand, rocks and other sub-strata;
- altering active sand dunes;
- disposing of plastic into coastal waters; and
- drawing ground water, save as allowed.
Plans, authorities and clearance
- Coastal Zone Management Plans. Each coastal State and Union territory prepares a plan mapping the categories, through a consultative process and public hearing.
- Authorities. National and State Coastal Zone Management Authorities, set up under section 3(3) of the 1986 Act, enforce the notification.
- Prior clearance. Every permitted or regulated project must obtain CRZ clearance before it starts. Projects in CRZ-I and CRZ-IV are cleared by the Ministry on the State Authority's recommendation. Projects that also need environmental clearance get a composite clearance under the EIA Notification, 2006.
The leading cases
Indian Council for Enviro-Legal Action v. Union of India (the coastal order of 9 March 1995). A petition sought to enforce the 1991 notification. The Supreme Court had before it a report on breaches by hotels and resorts on the Goa coast. It directed that every restriction and prohibition in the notification be meticulously followed by all coastal States. It reserved the prayer for central and State authorities under section 3(3).
Kapico Kerala Resorts Pvt. Ltd. v. State of Kerala, AIRONLINE 2020 SC 23. A resort was built on Nediyathuruthu, a backwater island in Vembanad lake. The High Court held the island to be in CRZ-I, where new construction is barred, and ordered demolition. The Supreme Court dismissed the appeals, and the demolition stood despite the developer's permissions.
Assessment
The notification is the main legal shield for India's coast. Its strengths are a clear classification and the requirement of prior clearance. Critics say the 2019 notification relaxed protection by cutting the No Development Zone in dense rural areas to 50 metres and widening tourism. Enforcement also depends on accurate mapping and alert authorities.
Conclusion. The CRZ Notification, 2019 is made under section 3 of the Environment (Protection) Act, 1986. It regulates the coast from the sea to 500 metres inland, and along tidal waters. It divides the zone into categories of decreasing sensitivity and prohibits harmful activities throughout. Permissible projects need prior clearance. As the coastal order of 1995 and Kapico show, the courts insist on strict compliance, even ordering completed buildings to be pulled down.
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