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1998 Supreme(Ker) 298
Judges : P.K.BALASUBRAMANYAN
Chandrasekharan Pillai - Appellant
Versus
State of Kerala - Respondent
Case No : O.P.No. 14764 of 1997
Decided On : 07/22/1998
Advocates Appeared :
V. Giri For Petitioners V.N. Achutha Kurup, Addl. Advocate General (T.M. Mohammed Youseff) & Government Pleader (H.B. Shenoy) For Respondents
The State has a constitutional obligation to protect and improve the environment, and expert recommendations for environmental protection should be accepted and implemented.
Headnote:
Sand Extraction - Environmental Protection - Ext. P1 Notification - Article 48A of the Constitution of India - Environmental Engineer's Recommendations - Court's Directions
Fact of the Case:
The petitioners filed a petition seeking a writ of mandamus to stop sand extraction from Kallada river, citing over exploitation and environmental concerns. The State had issued specific restrictions for sand collection, and the Pollution Control Board had recommended measures to avert environmental degradation.
Finding of the Court:
The court found that unregulated sand extraction would lead to environmental degradation, and it was the constitutional obligation of the State to protect and improve the environment. The court accepted the recommendations of the Environmental Engineer and issued directions to the State and District Collectors to implement measures for environmental protection.
Issues: Over exploitation of river resources, environmental degradation, constitutional obligation to protect the environment, effectiveness of government restrictions and recommendations for sand extraction.
Ratio Decidendi: The court held that the State had a constitutional obligation to protect the environment and accepted the recommendations of the Environmental Engineer to prevent environmental degradation. It issued directions to the State and District Collectors to implement measures for environmental protection.
Final Decision: The Original Petition was allowed, and the court issued directions to the State and District Collectors to implement measures for environmental protection.
P.K. Balasubramanyan, J.
This Original Petition is filed by three residents of Pattazhi Vadakkekara Panchayat in Quilon District. They have properties on the northern bank of Kallada river. They have filed this Original Petition praying for the issue of a writ of mandamus directing the State of Kerala, the District Collector, Quilon and the Tahsildar, Pathanapuram to take appropriate action to see that the removal of sand from Kallada river carried on at the Konnaman Kadavu is stopped forthwith, for the issue of a direction to the said respondents to see to it that there is no further removal of sand from the river bed at Konnaman Kadavu at least until such a time an expert body constituting of the representatives of the Pollution Control Board and Central Water Authority certify that sand could be removed and for such other appropriate directions. The petitioners essentially complain that there is over exploitation of the river by auctioning of the right to collect and remove sand by contractors who have no commitment to the environment or to the preservation of Ecology and who are only concerned with self-aggrandizement. The Original Petition is resisted by the contractor for the current year impleaded as respondent No. 4. But it must be noticed that his year has run out and the State has also stopped from 1.4.1998 auctioning of the right to collect sand from certain specified rivers including Kallada river. As directed by this Court, respondents 1 to 3 have also filed a counter affidavit to the Original Petition in which it is printed out that the State has now drawn up certain norms in that behalf.
2. In this Original Petition, in C.M.P. 26512 of 1997, a petition for the issue of an interim direction this court issued a direction to the State Pollution Control Board as follows:
"Senior Environmental Engineer of Pollution Control Board or any other Engineer next in the rank of the said Environmental Engineer shall conduct an inspection in Konnaman Kadavu of Kaillada river in Pattazhi Vadakkek;ira with notice to the Secretary to the Grama Panchayat, the first petitioner and the fourth respondent and furnish a report on the following aspects:
1. Whether the extraction of sand from the said kadavu is in accordance with the conditions contained in Ex t.P4;
2. Whether the extraction of sand causes environmental de-gradation;
3. Any suggestion to avert environmental degradation if found. He can take assistance from Tahsildar as well. The report shall be filed on or before 23.9.1997"
Ultimately the report dated 6.10.1997 was submitted by the Environmental Engineer to this court on 9.10.1997. The aspects directed to be reported on were reported on. On behalf of the first respondent State an objection to the report of the Environmental Engineer dated 27.5.1998 was filed. Thereafter learned counsel for the petitioners, learned Additional Advocate General on behalf of respondents 1 to 3 and learned counsel for respondent No. 4 contractor were heard in detail.
3. Three persons who claim to he members of the union engaged in collection of sand from the Konnaman Kadavu filed C.M.P. 27583 of 1997 seeking to get themselves impleaded as additional respondents in the Original Petition. Their counsel was also heard at the time of arguments.
4. Under the Government order Ext. P1 dated 29.6.1993 the Government of Kerala excluded from vesting in the Panchayat through which the rivers flowed nine of the major rivers in the State including the Kallada river. The rivers thus excluded from vesting in the Panchayat are: (1) Bharathapuzha, (2) Periyar, (3) Chaliyar, (4) Pamba, (5) Kallada, (6) Vamanapuram, (7) Chandragiri, (8) Karamana and (9) Meenachil. The reason for such exclusion was explained in that Notification as follows:
"The removal of sand from the rivers in the State and the licensing thereof are handled by the Panchayats through which the rivers concerned flow. It has come to the notice of the Government that Hie indiscriminate and un
