Association for Environment Protection (Regd. ) vs State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(Ker) 467

Judges : B.N.SRIKRISHNA,M.RAMACHANDRAN
Association for Environment Protection (Regd.) - Appellant
Versus
State of Kerala - Respondent
Case No : O.P.No.16272 of 2000
Decided On : 10/11/2001
Advocates Appeared :
P.B. Sahasranaman & K. Jagadeesh For Petitioners V.K. Beeran (Addl. Advocate General), Siby Mathew, K. Balakrishnan, L. Sheela Devi, K. Ramkumar, A.A. Abdul Hassan, S. Sreekumar, Rajan Joseph, Wilson Urymese, Dinesh Mathew, J. Murickan, K.V. Sohan, T.A. Shaji, K.R.B. Kaimal, K.P. Satheeshan, K.K. Gopinathan Nair, K. Radhakrishnan, T.R. Ratnachandran Nair, T.K. Venugopalan, Shibu Joseph, K.L. Joseph, Sangeetha Lakshmanan, K.I. Mayankutty Mather, P.L. Devadas, V. Sankara Raja, Saiby Jose Kidangoor, K.M. Faisal, A.K. Preetha, P.K. Asokan, Thomas Antony, George Poonthottam, S. Chandrasenan, K.L Sohan, K.P. Dandapani, Jolly T. Kuriakose, V. Philip Mathew, S. Parameswaran, T.I. Daniel, T.M. Abdul Latheef, M.R. Rajendran, V. Giri, Renjith Thampan, M.L. Sajeevan, G. Mohan, K. Divakaran Nair, M.V. Bose, O.V. Maniprasad, Peeyus Kottam, B. Mohanlal, K.L. Narasimhan, N.N. Sugunapalan, P. Narayanan, B. Radhakrishnan (Thottathil), P.V. Ramesh Shankar, P.V. Surendranath & M.C. Cherian For Respondents

Headnote:
Kerala Panchayats Act, 1960 – Section 82(1) – Protection of Environmental Ecology Issue –The public interest litigation by the petitioner which is an association interested in protection of the environmental ecology of the country, and of the State of Kerala, in particular – The basic grievance made in the petition pertains to indiscriminate depredation of natural resources in that the sand from Periyar river bed and the river banks were being indiscriminately mined, causing remendous ecological disturbances and depletion of natural resources – It is the case of the petitioners that there is no system of control over the excavation of sand from the river banks and the river beds – It is also the case of the petitioners that, despite repeated appeals made to the District Collector and the State Government, no action was being taken, resulting in a serious situation as the authorities of the State Government were not properly implementing their own directives and orders issued by Circulars previously issued – Held, court is of the view that an order on the lines of the existing interim orders would be sufficient to take care of the situation in the interregnum from today and the date on which the legislation becomes effective – With this in view, court heard several of the counsel who appeared for the intervenor Panchayats, contractors, employees employed on sand mining and construction works – In court judgment, every restriction of development is a reasonable restriction on somebody's right to life, right to trade or business or occupation – Court must hasten to add that neither has the Court directed a total prohibition of sand mining in the State river beds and river banks, nor is that what we intend to do – Sand mining is necessary but it has to be done within strictly regulated limits defined for the purpose of sustained development which is the ultimate objective – It shall be the duty of the State Government through its administrative and police officers at sufficiently high levels to ensure that these directions are strictly complied with and there is no cause for grievance that sand mining is clandestinely and illegally carried out despite these directions – Order Accordingly

Judgment :-

B.N. Srikrishna, C.J.

O.P. No. 16272 of 2000 was brought as a public interest litigation by the petitioner which is an association interested in protection of the environmental ecology of the country, and of the State of Kerala, in particular. The basic grievance made in the petition pertains to indiscriminate depredation of natural resources in that the sand from Periyar river bed and the river banks were being indiscriminately mined, causing tremendous ecological disturbances and depletion of natural resources. It is the case of the petitioners that there is no system of control over the excavation of sand from the river banks and the river beds. It is also the case of the petitioners that, despite repeated appeals made to the District Collector and the State Government, no action was being taken, resulting in a serious situation as the authorities of the State Government were not properly implementing their own directives and orders issued by Circulars previously issued.

2. These petitions were with regard to Panchayats and their depredatory activities along the banks of the river Periyar. The story with regard to other Panchayats situated on the banks of other rivers is not much different. This State, popularly called "God's own country", has been endowed bountifully by nature; that men shall not cause wasteful depletion thereof, should be the objective of every right thinking citizen, and this Court.

3. Certain chronology of events is necessary to be noticed in order to appreciate the final order we propose to pass for disposal of these petitions.

29.6.1998 - State Government took control of nine rivers from the Panchayats under sub-s.82(1) of the Kerala Panchayats Act, 1960.

5.1.1998 - Circular No. 66221/Pl/97/Revenue, making restrictions on the basis of the expert committee report on sand mining in BharathaPuzha (18 conditions were imposed, which was subsequently made applicable to all other rivers)

4.4.1998 - District Collector has constituted an expert committee including 21 Panchayat Presidents, instead of experts (P4)

8.11.1998 - Reports in newspapers stating that Bridges are in dangerous condition due to excessive sand mining and water pumps. (Exhibits. P8 & 9)

4.12.1998- Writ Petition challenging the said constitution was disposed of with a direction including experts. (Ext. P5)

21.4.1998- As directed in CCC.117 of 2001 against that District Collector, Ernakulam has taken a decision to ban poll scoop and to take strict action against violators.

25.10.2000 - Ordered that if it is found that sand mining has been done unauthorisedly, the sand thus mined will be taken back to the place from where it is unauthorisedly mined and put back into the river.

20.12.2000 - Direction issued to District Collector, Ernakulam to file a report stating the quantity of the sand mined during the previous year. Till such time sand mining from Periyar River is banned.

9.1.2001- Report by District Collector, Ernakulam stating that Rs. 5,52,05,309/- is due by the Panchayats on the banks of Periyar River towards River Management Fund.

29.1.2001- Report by District Collector, Ernakulam stating that Rs. 2,04,54,164/- is due towards River Management Fund and Rs. 6,78,78,462/- towards Royalty.

24.1.2001- Direction to Kavalangad, Eloor and Varapuzha Grama Panchayat Secretaries to be present in person on contempt.

24.1.2001- Direction issued to District Collector not to use or divert River Management Fund.

16.2.2001- Direction issued to the Centre for Earth Science Studies (LESS) to make an urgent inspection of the Periyar River and to give a report.

March - 2001- Interim report submitted by the CESS stated that bridges are in dangerous condition, and indiscriminate scooping of sands from river channel is not only a threat to the stability of bridges, river banks and religiously/ culturally significant sand bodies, but also aggravates the rate of lowering of river beds and also drastic changes in riverbed configuration which in turn lead to salt wat

Click Here to Read the rest of this document