Guide to legal provisions for Reconstruction and Rehabilitation in tsunami-affected areas

Sanjay Upadhyay and Apoorva Misra. Enviro-Legal Defence Firm, June 2005.
Divided into six chapters with an annexure, this handbook provides information on the nodal authorities (NCZMA and TN CZMA) followed by a brief outline of the tsunami reconstruction project and activities proposed and the legal mandate. It also talks about the repair and reconstruction of rural and urban housing and restoration of livelihood and repair, reconstruction of public buildings and public works. The activities in coastal areas are essentially governed by the 1991 CRZ Notification, under the Environmental Protection Act, 1986 and the Environmental Protection Rules, 1986. Chapter 4 on repair and reconstruction of urban and rural housing would be a useful read for all those involved in shelter reconstruction – definitions of various terms ranging from ‘what is a building’ and ‘what are amenities’ to ‘what is reconstruction of a building’ as defined under the Town and Country Planning Act of TN are provided and discussed in the context of the CRZ notification. Chapter 5 on Livelihoods discusses the various activities that can be carried out in the CRZ and also points out the fact that no mention is made about agriculture, horticulture etc. in the notification, nor are they addressed by the CZMA. In Chapter 6, in the discussion on reconstruction of cyclone shelters, it is pointed out that there is only a mention of rain shelters. Thus, the booklet provides for a snapshot of the kind of activities that are allowed and the conditions under which certain other activities may or may not be allowed with a disclaimer that the location of activities is still not clear under the WB reconstruction project and that the demarcation of HTL still remains a crucial starting point.