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2015 Supreme(Ker) 1443

IN THE HIGH COURT OF KERALA
K. Surendra Mohan, S.P. Chaly, JJ.
State of Kerala and Others - Appellants
Versus
Ravi C.A. and Others - Respondents
W.A. No. 1994 of 2015
Decided On : 22-09-2015

Advocates Appeared:
For the Appellants : M.P. Madhavankutty, Spl. G.P.
For the Respondents: K.J. Kuriachan and P.K. Radhika

Headnote:

Forest (Conservation) Act 1980 - Electricity line in forest area - Permission of Central Government - Held, No hesitation in holding that in the fact situation drawing of electric line through the access road can be permitted without securing prior approval of the Central Government - Intention of seeking prior approval is for the purpose of carrying out the de-reservation of Reserved Forests or the non-forest purpose, leasing out etc. etc. The drawing of electric line through an access road provided by the State Government cannot be said to be an activity of non-forest purpose because Explanation to S.(2) as stated above, clearly specifies the nature of non-forest purposes

JUDGMENT :

S.P. Chaly, J.

1. This writ appeal is filed by Respondents 1 to 3 against the judgment of the learned Single Judge in W.P. (C) No. 10163 of 2015 dated 21.08.2015, by which the learned Single Judge quashed Ext. P. 10 order passed by the 2nd appellant, refusing to draw electric line through the area in question and the Respondents were directed to provide electricity connection well ahead of 30.09.2015 and the exercise was directed to be completed before 15.09.2015. Brief facts for the disposal of the appeal are as follows: 1st Respondent herein is residing within the Thattekkad Forest Section of Kothamangalam Forest Division for the last more than 65 years. 1st Respondent is a Scheduled Caste belonging to Pulaya community and his wife belongs to a Scheduled Tribe. They are residing within the aforesaid area 1 1/2 kms. away from the public road. The Grama Sabha of Ward No. 1 of Keerampara Grama Panchayath in its meeting held on 10.08.2014 had decided to request the Kerala State Electricity Board (for short, "the K.S.E.B") to provide electric connection to the house of the 1st Respondent. In accordance with the said decision, 1st Respondent carried out the wiring works in the house. The possession of the property of the 1st Respondent is evidenced by Ext. P. 2 and his caste certificate is evidenced from Ext. P. 3. Anyhow, the said basic facts are not in dispute.

2. The Government of India have launched a project by name Rajeev Gandhi Grameen Vidhyuti Karan Yojana (shortly called R.G.G.V.Y) and hereinafter called the "Scheme", fully financed by the Government of India to provide electric connection to Scheduled Castes and Scheduled Tribes. Accordingly, 1st Respondent applied for electric connection under the said scheme, which is evidenced by Ext. P. 4 and along with the same, Ext. P. 4(a) was also submitted which is an application under Form-A, seeking prior approval under Sec. 2 of the Forest (Conservation) Act, 1980 ('the Act' for short). Other attendant documents that were required under the scheme were also produced by the 1st Respondent along with the application submitted under the scheme. As required under the scheme, Ext. P. 5 bond was also executed.

3. Accordingly, K.S.E.B. sanctioned and agreed to draw the line to the residential house of the 1st Respondent under the scheme and the 3rd Respondent has executed the required undertaking in stamp paper before the Forest Department agreeing to pay the Net Present Value and Additional Net Present Value of the land required towards laying of 1.70 k.m. L.T. Line through forest area in connection with electrification of Koottikkal area, Thattekkad in favour of the 1st Respondent. 4th Respondent had also issued a certificate to the effect that no tree cutting is required for drawing the line and that only the cutting of branches of trees are required. Even though necessary steps were taken by K.S.E.B., the 2nd appellant on the basis of the report of the 3rd appellant refused to accord sanction to draw the line vide an order dated 23.01.2015 and this was conveyed to the 1st Respondent by the K.S.E.B. by a letter dated 25.02.2015. It is thus impugning Ext. P. 10 order dated 23.01.2015, the writ petition was filed.

4. The 2nd appellant herein has filed a counter affidavit refuting the allegations made by the 1st Respondent and contended that the distance of 1.70 k.m. required for drawing the line is occupied by three Teak Plantations situated in the 'Thattekkad Reserve Forest' and therefore the line passing through the Plantations will be a hindrance for felling/harvesting the crop and regeneration. It was further contended that drawing electric line through the Reserve Forest is a non-forestry activity which requires prior approval of the Government of India under Sec. 2(2) of the Forest (Conservation) Act, 1980 and therefore without obtaining the prior approval, the drawing of line could not be effected to the house of the 1st Respondent by the K.S.E.B. Apart from the same,











































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