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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, Murali Purushothaman, J
DR. R.K.SOMA SEKHARAN – Appellant
Versus
THE DISTRICT COLLECTOR CIVIL STATION KAKKANAD P.O. ERNAKULAM – Respondent
WP(C) 21325/2019
Environmental Law - Writ Petition - Kerala Promotion of Tree Growth Act, 2005, Kerala Biological Diversity Rules 2008 - The court framed its decision based on the interpretation of the legal protections afforded to trees and ecosystems under environmental regulations and the statutory obligations of local bodies in protecting natural resources.
Fact of the Case:
A petitioner filed a writ petition alleging illegal felling of trees by a local Panchayat around Valayanchira Lake, claiming it harmed the ecosystem and local biodiversity. The Panchayat countered that the tree cutting was necessary for preventing water pollution and maintaining the lake's health and had occurred under a government employment scheme.
Finding of the Court:
The court found that only a few trees were removed for lake improvement and highlighted the need for proper environmental management, directing authorities to protect the lake. It rejected the petitioner's demands for restoration actions that lacked substantial support.
Issues: The primary issue was whether the local Panchayat illegally cut down trees around Valayanchira Lake without proper authorization and whether the actions taken were justifiable under local environmental laws.
Ratio Decidendi: The court upheld that actions undertaken by the Panchayat were consistent with its authority under local environmental laws intended to protect water bodies, emphasizing compliance with statutory provisions regarding tree felling and ecological management.
Final Decision: Writ petition is dismissed, with directions for measures to protect the lake.
JUDGMENT
Dated this the 8th day of February, 2023 S.Manikumar, C.J.
Instant writ petition is filed by the petitioner for the following reliefs:
“i. Issue a writ of mandamus directing the respondents 2 and 5, to replant the trees around Valayanchira Lake in Rayamangalam Grama Panchayat, in Ernakulam District, or permit the petitioner to do the same, immediately.
ii. Issue a writ of mandamus directing the respondents 4 and 5 not to dump the silt from the Valayanchira Lake, in the neighboring paddy fields.
iii. Issue a writ of mandamus directing the respondent No.
5 to conduct the survey of the Valayanchira Lake and the adjacent land belonging to the Panchayat and to protect the same after evicting the encroachments, in accordance with law.
iv. Issue a writ of mandamus directing the respondents 2 and 3 to take immediate and effective action against the culprits, who cut the trees growing on the Government land surrounding Valayanchira Lake in Rayamangalam Grama Panchayat in Ernakulam District, in accordance with law.”
2. Short facts leading to the filing of the writ petition are as under:
2.1. The petitioner is a permanent resident of Valayanchirangara in Rayamangalam Grama Panchayat in Ernakulam District. This public interest writ petition is filed, being concerned with the illegal felling of trees growing by the bank of Valayanchira Lake. It is stated that Rayamangalam Grama Panchayat, respondent No.5, had cut and removed some trees standing on the sides of Valayanchira Lake, under the guise of implementing a project for improving the lake and its premises. Regarding the same, petitioner has submitted a complaint to the Assistant Conservator of Forests, Social Forestry Division, Ernakulam, respondent No.2.
2.2. Rayamangalam Grama Panchayat, 5th respondent, thereupon has sent a letter to the Range Officer stating that the Panchayat had cut and removed some trees, for protecting the water being polluted with the dry leaves and twigs and that they undertook to replant the area with the help of Forest Department. Respondent No.2 issued a letter to the petitioner explaining the above facts.
2.3. It is reliably learned that, the Panchayat is planning to deposit the huge quantity of silt and other waste from the lake in the nearby paddy fields, in order to help the private owners to fill the paddy field. So also, there is encroachment on the side of the Lake. But, the Panchayat did not take any effective steps, to survey and demarcate the boundaries of the lake and the surrounding lands belonging to the Panchayat, even after repeated requests.
For taking immediate measures to survey, protect and replant the area, so as to restore the ecosystem around Valayanchira Lake, instant writ petition is filed.
3. Refuting the allegations made in the writ petition, Rayamangalam Grama Panchayat, respondent No.5, has filed a counter affidavit dated 02.12.2021, wherein it is, inter alia, contended as under:
“A. It is submitted that the Chira in question is situated in Resurvey No. 442/1A of Block No. 19 of Rayamangalam Village as per the basic tax register. According to the 5th respondent, tt is within Ward No. XIII of Rayamangalam Grama Panchayat. It is a pond having an extent of 90.20 ares and it is fairly a big pure water lake located 100 meters down to the north of Valayanchirangara Junction. The said junction is the common meeting point of Vengola, Mazhuvanoor and Rayamangalam Panchayats of Kunnathunadu Taluk in Ernakulam District.
B. It is further submitted that, as regards the averments in paragraph No.2 of the writ petition that, as stated earlier Valayanchira is a pure water lake situated near Valayanchirangara Junction and it is one of the biggest one in Ernakulam District itself. It has been in existence for the last 125 years and people of the locality are using the same for various purposes including agricultural operations. Since the leaves and other branches of the tree standing near the lake fell into the water and thereby caused the water conta
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