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2021 Supreme(Online)(KER) 5776
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
REV. DR.FR.V.P.JOSEPH VALIYAVEETTIL – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/5835/2018
SRI.N.M.MADHU, SMT.C.S.RAJANI, SRI. K. ANAND (SR.), SRI.DINESH R.SHENOY, CGC DR.ELIZABETH VARKEY, SRI.JITHIN SAJI ISAAC, SMT.LATHA ANAND, SRI.N.MANOJKUMAR, SRI.K.R.RANJITH, SRI SAJI ISSAC
The judgment establishes that authorities are obligated to implement durable solutions for environmental degradation affecting coastal communities, ensuring their livelihoods and ecological balance.
Headnote:
Coastal - Petition for Relief - Environment (Protection) Act, 1986; Coastal Regulation Zone Notification, 2011 - The act addresses coastal erosion and community welfare, emphasizing ecological protection and livelihood for coastal inhabitants, influencing the court's directive for permanent measures in protecting coastal communities.
Fact of the Case:
Petitioner sought various writs for the welfare of the fishermen community affected by coastal erosion and inadequate governmental response, highlighting the adverse effects of infrastructure and environmental mishaps on livelihoods.
Finding of the Court:
The court recognized the ongoing threats to coastal communities, emphasized the need for permanent and effective measures to protect their interests, and mandated a collaborative approach among authorities for sustainable coastal management.
Issues: Whether the respondents have adequately addressed the grievances of coastal residents suffering from erosion and socio-economic impacts, and if permanent solutions have been proposed.
Ratio Decidendi: The court emphasized the necessity for permanent remediation measures in coastal management and the obligation of authorities to protect livelihood and welfare of coastal inhabitants per environmental law.
Final Decision: The court directed the state authorities to implement permanent measures for coastal protection and community welfare based on the Coastal Zone Management Plan.
JUDGMENT
S. Manikumar, C. J.
Petitioner has sought for the following reliefs:-
“(a) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate steps for depositing the dredged sand and soil in future in the coast of concerned place itself instead of using it for creation/development of small islands;
(b) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate steps for construction of sea walls, brake water, groins and the rehabilitation of people who lost their homes in the sea erosion;
(c) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to implement multipurpose development projects for the uplifting of the millions of people in the southern coastal belt from Kochi to Alappuzha, to sanction compensation for the huge financial crisis, social, educational and cultural loss they have to face as the effect of Cochin port development project and afford them education and job reservation;
(d) issue a writ of mandamus or any other appropriate writ, order or direction commanding the second respondent to take necessary steps through its revenue officers, including the respondents six to nine for resumption of the encroached beachside properties, puramboke properties, public ways and roads by the resort and hotel owners and reconstruct and preserve them for the public use;
(e) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent governments to form an 'Emergency Coastal Rescue Force Operation Squad' inducting persons from the fishermen community also who are expert and educated swimmers and well acquainted with the sea;
(f) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to include expert, educated fishermen who are familiar with the sea, to be in the posts of central and state bodies like Coast-guard, revenue disaster management, weather-forecast centre, Marine enforcement, coastal-police, life guard etc.;
(g) issue a writ of mandamus or any other appropriate writ, order or direction appointing a commission to study and report regarding the delay and latches, if any, occurred on the part of relief operation teams during the recently occurred okhi disaster;
(h) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to invite a meeting of those working in the coastal area to decide the priority list of the coastal development projects with further directions to formulate 'a fish scarcity package', intensify the action of debt relief commission, increase the amount and also extend its validity period;
(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the second respondent to include all the fishermen who have got membership in the welfare fund board and in grama sangham in the B.P.L list and to afford them all the benefits thereof;
(j) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent governments for the completion of Arthungal, Chellanam and Chethy harbours and the river mouths, Kannamaly, Puthenthodu, Andhakaranazhy, Thumpoly, Muthlappozhi, Kaattoor, Vazhakootam pozhi, Cheriya pozhi, Odapozhy, Arappackal puzhi, Kumeen puzhi (Punnapra) and all like to be developed as natural harbours for facilitating the fishermen to anchor their country boats and nets safely”
2. According to the petitioner, instant writ petition is filed to bring the pathetic situation of the fishermen community living in the coastal area of the State of Kerala to the notice of this Court.
3. The reasons for their sympathetic condition as pointed out by the petitioner are:-
(i) the alarming scale of coastal erosion and the adverse impacts thereof.
(ii) the lukewarm attitude on the part of the authorities concerned on various issues faced by the community.
(iii) the intrusio
