1. This Public Interest Litigation is filed in respect of the Forest land on both sides of the National Highway - 85 of the Neriamangalam - Valara stretch in Idukki District in the State of Kerala.

2. Respondent No. 1 is the Union of India through the Secretary, Ministry of Environment, Forest and Climate Change (Ministry of Environment); Respondent No.2 - the Chief Secretary; Respondent No.3 - the Principal Secretary, Public Works Department (PWD); Respondent No.4 - the Principal Secretary - Forest and Wildlife Department; Respondent Nos. 5, 6, 8, 13, 14 and 15 - the Officers of the Forest Department, Respondent No.7 - the District Collector; Respondent Nos. 9, 10 and 17 - the Project Director and Executive Engineer of the National Highways Authority of India (NHAI) and the NHAI through the Chairman and Respondent No.16 - the Contractor.

3. The NHAI is carrying on widening of the National Highway - 85 of the Kochi - Madurai Road. According to the Petitioner, the land on the Neriamangalam - Valara stretch is a reserved forest and, therefore, nonforest activities in a reserved forest, contrary to the Kerala Forest Act, 1961 (Act 4 of 1962) read with the Forest (Conservation) Act, 1980 (Act 69 of 1980) cannot be carried out unless due permissions are obtained.

4. The Petitioner has placed on record a notification issued under the Travancore Forest Regulation, 1068 (referred to as Act II of 1068) declaring the tract of land specified therein as a reserved forest, which includes the present stretch. The Petitioner contends that since this area is declared as a reserved forest, confined by virtue of the Travancore - Cochin Forest Act, 1951 (Act III of 1952) and thereafter under the Act 4 of 1962, unless a notification is issued in the Gazette with the permission of the Central Government under the Act 69 of 1980 for dereservation, nonforest activities cannot be carried out without permission of the authority stipulated under the Act 69 of 1980 and the Forest (Conservation) Rules, 2003. The Petitioner contends that the order issued by the Secretary of the Public Works Department of the State on 17 May 1996 stating that 100 feet of roadway (50 feet each from the centre of the road on either side) of Pallivasal - Neriamangalam road and adjoining quarries for metal and rubble stands transferred to the PWD from the Forest Department in 1932, cannot have effect of dereservation of the notified reserved forest. The Petitioner has sought a writ setting aside the order dated 17 May 1996 (Exhibit - P3) and a declaration that the order dated 17 May 1996 cannot permit non - forest activities to be carried out in the area and that the forest land on both sides of the National Highway - 85 of the Neriamangalam - Valara stretch as a reserved forest.

5. A counter affidavit has been filed by the Additional Chief Secretary on behalf of the Chief Secretary, State of Kerala on 27 March 2025. The Petitioner filed applications for amendment to place on record further details and documents. An interlocutory application was filed by the NHAI on 19 June 2025 for clarification of the order dated 12 December 2024. The matter was adjourned from time to time, and when we raised a question as to why the Ministry of Environment has not responded, it was brought to our notice that one learned counsel was representing both the NHAI and the Ministry of Environment and putting forth the case of the NHAI and not of the Ministry of Environment. Only after it was pointed out that both have different roles to perform and in a given case there could be a conflict, separate counsel were appointed. The Deputy Inspector General of Forests in the Ministry of Environment has filed an affidavit through a separate counsel.

6. We have heard Mr. K. Sandesh Raja, learned counsel for the Petitioner, Mr. V. Girishkumar, learned Senior Central Government Counsel for the Union of India, Mr. S. Biju, learned Standing Counsel for the NHAI and Mr. Nagaraj Narayanan, learned Special Gover