ASHOK BHUSHAN, J.

1. W.P.(C) No.18690 of 2009 filed as a public interest litigation raises environmental concern alleging illegal filling of wet land to the extent of 7.42.64 hectares (74,264 sq.m) situated within 15 kilometers from the Ashtamudi Lake, which is one of the 19 sites designated as ‘wet land of international importance’ in the State of Kerala. The writ petition was entertained as public interest litigation on 6.7.2009. Various orders were passed by the Division Benches from time to time including appointment of Advocate Commissioner by order dated 21.12.2010 to inspect the premises and submit a report. The Advocate Commissioner, after inspection, submitted a report. Counter affidavits by the State as well as the 8th respondent, who is the contesting respondent had already been filed. Pursuant to the order of this Court dated 30.10.2015, the petitioner has also filed an additional affidavit, in which, counter affidavit has also been filed by the 8th respondent.

2. W.P.(C) No.15757 of 2008 has been filed by the Chairman, Quilon Medical Trust against the report dated 22.5.2008 sent by the Kerala Lok Ayukta to the State Government, Ext.P12.

3. W.P.(C) No.19577 of 2009 has been filed by the Quilon Medical Trust praying for deletion of certain observations made by the State Government in its order dated 2.4.2009 as well as for quashing the order of the State Government dated 4.6.2009 rejecting the prayer for review of the order.

4. W.P.(C) No.18690 of 2009 is treated as the leading writ petition. The pleadings and the parties shall be referred to as described in the said writ petition. Reference of pleadings and facts in W.P.(C) No.18690 of 2009 shall be noted in detail for deciding the issue raised before us. The facts of the other two writ petitions, which are noted in the leading writ petition shall also be separately referred to the extend it requires.

5. The brief facts of the case as emerged from the pleadings of the parties are as follows:-

W.P.(C) No.18690 of 2009

The petitioner, who is a registered Society formed for the protection of environmental matters of the public interest, has filed this writ petition. The 8th respondent, one Mr.Abdul Salam, Chairman, Quilon Medical Trust, Kollam District, has formed a trust on 10.8.2003 with the object of promoting higher education in minority communities and other socially backward communities and also for promoting health care in common people. The Trust obtained an Essentiality Certificate from the State Government, which was renewed on 29.3.2006 for establishing a self financing medical college in Thazhuthala Village within Thrikkovilvattom Grama Panchayat in Block No.23 of Kollam District. The 8th respondent submitted an application to the Grama Panchayat claiming that it owns 10 Hectares 18 Ares 4 sq.m land in Thazhuthala Village, in which, it proposes to construct a medical college. A prayer was made to grant permission and approve the building plan. The Grama Panchayat, vide its Certificate dated 14.7.2006 granted sanction. In the Certificate, it was noted that the land, in which, No Objection is sought for had been used for paddy cultivation. The Grama Panchayat granted sanction with the condition that “sanction of Land Conversion order for filling earth in the wet land to construct buildings should be obtained from Revenue Authorities”. As soon as the Grama Panchayat issued the No Objection Certificate (in short ‘N.O.C.’), an organisation, namely; Kerala Sasthra Sahithya Parishath submitted objection before the District Collector, Kollam praying that the attempt to convert the rich paddy land within the Grama Panchayat may be stopped. In the objection, it is stated that the paddy field is wet land, which is also water source needs to be protected since this paddy filed is the main water level of the water sources in Thazhuthala Village. The constructi