The Hindu : Ban on demolition of public use buildings

Online edition of India's National Newspaper
Wednesday, Apr 23, 2003

Southern States

Southern States - Tamil Nadu-Chennai

Ban on demolition of public use buildings

By Our Tamil Nadu Bureau

CHENNAI April 22. In a significant step, which could effectively stall the Tamil Nadu Government's move to flatten the Queen Mary's College here, the Union Environment Ministry today banned demolition and reconstruction of heritage and historic buildings, and buildings of public use, including those used for education, on coastal stretches.

Exercising its powers under the Environment Protection Act and Environment Protection Rules, the Ministry, headed by T.R. Baalu, amended Section 5 of the Rules, to put a blanket ban on demolition or reconstruction of a wide range of buildings — of archaeological or historical importance, heritage buildings, and buildings under public use. Interestingly, the notification includes places for purposes of worship, education, medical care and cultural activities in the list of buildings of ``public use''. It also prohibited all activities with an investment of Rs.5 crores or more. But ``activities involving an investment of less than Rs.5 crores should be regulated by the authorities concerned at the State or Union Territory level... ''.

The reason for the notification, the Ministry said, was ``destruction of mangroves, depletion of ground water and certain other activities involving severe ecological damage had been caused, as a result of implementation of large-sized projects without clearance from the Union Ministry of Environment and Forests''.

The process of issuing notice about its intention to bring in the amendment had been dispensed with in the ``public interest'' by the Union Ministry, under Section 5 (4) of the Environment Protection Rules. As the notification covers all coastal stretches declared Coastal Regulation Zones, it will cover the Marina beachfront as well, which comes under coastal regulation zone II. The coastal regulations define CRZ II as areas which have already been developed up to or close to the shoreline — the developed area referring to areas within municipal or urban limits, with existing infrastructure.

The notification comes in the wake of a sustained campaign by environmentalists and heritage lovers of Chennai to not only prevent the demolition of the 90-year-old QMC but also save the fragile coastal stretch of the Marina, second longest beach in the world. The Government contended that it was only ``shifting'' and not closing down the college and also that the QMC was not a `heritage building'. The State Government had announced its plans to allow a Malaysian consortium to ``beautify the Marina beachfront'' and develop high-rise complexes for use by multinationals and diplomatic missions. However, this project, environmental groups argued, would also displace hundreds of fisherfolk living on the shores, in the stretch extending up to the Adyar estuary.

The Government's announcement of building a new Secretariat complex on the QMC campus triggered a spate of protests by students and teachers, besides environmental and alumnae groups. The issue is pending before the Madras High Court, which has already stayed the demolition. The verdict is awaited. Reacting to the notification, the Concerned Citizens' group spokesman, M.G. Devasahayam, said ``the move would protect a 6,000-km coastal area throughout India. After the powers under the rules were shifted to the States in 1997, many of them were misusing costal regulations and today's notification by the Ministry would put an end to such misuse''.

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