O R D E R

Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stand disposed of.

Sd/-

Justice K. Ramakrishnan, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.75/2022 (SZ) 19th April 2022. Mn.

Item No.5:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)

Original Application No. 75 of 2020 (SZ)

IN THE MATTER OF Tribunal on its own motion Suo Motu based on the news item published in The Hindu Newspaper dated 30.05.2020, “Kerala Forest Department told to permit sand removal from Pampa”

And

1. Chief Secretary of Kerala, Government Secretariat Central Stadium, Mahathma Gandhi Road, Thiruvananthapuram, Kerala 695001

2. Principal Secretary, Department of Environment & Climate Change, Room No. 406 4th Floor Annex II, Secretariat, Thiruvanathapuram - 695 001.

3. Additional Chief Secretary of Forest and Wildlife, Room No. 660, 3rd Floor, South Block, Secretariat, Thiruvanathapuram - 695 001.

4. Principal Chief Conservator of Forests (Head of Forest Force), Forest Headquarters, Vazhuthacaud, Thiruvananthapuram – 695014.

5. Director, Directorate of Mining and Geology, Kesavadasapuram, Pattom Palace P.O., Thiruvananthapuram -695004.

6. The District Collector, Collectorate Pathanamthitta, 2nd Floor, Collectorate Rd, Chittoor, Pathanamthitta, Kerala 689645.

7. The Divisional Forest Officer, Divisional Forest Office, Ranni, Pathanamthitta, Kerala 689672.

8. Union of India Rep. by its Secretary Ministry of Environment, Forests and Climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110 003.

(R8 – Suo Motu impleaded as per order of the Tribunal dated 25.06.2021)

...Respondent(s)

For Applicant(s): Suo Motu by Court.

For Respondent(s): Mr. E.K. Kumaresan along with Mr. G. Prabhu for R1, R2, R5 & R6.

Mr. Nagaraj Narayanan, Spl. Govt. Pldr. for R3, R4 & R7.

Mrs. Me. Saraswathy for R8.

Judgment Reserved on: 31st January 2022. Judgment Pronounced on: 19th April 2022.

CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet – Yes/No Whether the Judgement is to be published in the All India NGT Reporter – Yes/No

JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The above case has been Suo Motu registered by this Tribunal on the basis of a newspaper report published in The Hindu daily dated 30.05.2020 under the caption “Kerala Forest Department told to permit sand removal from Pampa” and also another newspaper report published in Malayalam Manorama daily dated 31.05.2020.

2. It is seen from the newspaper report that in the guise of using the provisions of National Disaster Management Act, State of Kerala is trying to do instream mining in the guise of desilting without getting any necessary clearances from the Forest Department. It is also seen from the newspaper report that it was being done at the instance of the then Chief Secretary and the Additional Chief Secretary and State Police Chief in the presence of the District Collector - Pathanamthitta and certain directions had given to remove sand with police protection to be transported to Kerala Clays and Ceramic Products Limited (KCCPL) which is functioning in Kannur.

3. It was also brought the notice of the Tribunal that during previous year, when similar situation happened for removal of sand and silt accumulated in River Pampa, Sabarimala at Kerala, permission was sought from the Ministry of Environment, Forests & Climate Change (MoEF&CC) and the Forest Advisory Committee had accorded the same by their order No.F.No.3/10/9-FC dated 26.02.2019 under Section 2 of the Forest (Conservation) Act, 1980 with some conditions.

4. This Tribunal had observed that considering the fact that the monsoon was approaching and the Government may anticipate over flow of rivers due to rain during monsoon, this Tribunal did not want to stop the normal