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2022 Supreme(Online)(NGT) 912
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 117 of 2021 (SZ)
With I.A. No. 14 of 2023(SZ)
&
Original Application No. 184 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF Kottayam Nature Society, Reg. No. K-1/2001, Srinilayam, Near Union Club, Kottayam- 686001, Represented by its Secretary Dr. N. Unnikrishnan.
...Applicant(s)
Versus
1. State of Kerala, Represented by its Principal Secretary, Department of Environment and Climate Change (DoECC), 4th Floor, KSRTC Bus Terminal and Thampanoor, Thiruvananthapuram- 695 001.
2. The District Collector, Chairman, Kottayam District Disaster Management Authority, Collectorate, Kottayam- 686 002.
3. The Executive Engineer, Major Irrigation Department, Housing Board, Kanjikuzhy, Kottayam- 686 004.
4. The Assistant Conservator of Forests, Kerala Forest & Wildlife Department, (Social Forestry Division)
Parampuzha. P.O., Kottayam- 686006.
5. The Kerala State Bio-Diversity Board, Kailasam, T.C. 24/3219, No. 43, Belhavan Gardens, Represented by its Chairman, Kowdiar. P.O. Thiruvananthapuram- 695 003.
...Respondent(s)
A. Markose, aged 76 years S/o Andrews, Thottothra house, River bank road, Old bazaar, Kottayam Taluk, Kottayam District- 686001 ...Intervenor(s)
And Abraham Mathew, Aged 70 years, S/o P.V. Mathew, Veloor P.O. Kottayam- 686 003.
...Applicant(s)
Versus
1. State of Kerala, Represented by its Additonal Chief Secretary, Irrigation Department, Room No. 357(A) & 358, Main Block, Secretariat, Thiruvananthapuram- 695001.
2. The Executive Engineer, Major Irrigation Department, Housing Board, Kanjirappally, Kottayam- 686 004.
3. The Revenue Divisional Officer, Revenue Divisional Office, Second Floor, Mini Civil Station, Union Club Road, Puthnangady, Kottayam- 686001.
4. The Kerala State Bio-Diveristy Board, Represented by its Member Secretary, Kailasam, T.C. 4/1679(1), No. 43 Belhaven Gardens, Kowdiar. P.O. Nandancode, Thiruvananthapuram- 695 003.
...Respondent(s)
O.A. No. 117 of 2021(SZ)
For Appellant(s): Mr. P. B. Sahasranaman.
For Respondent(s): Mr. G. Vignesh for Mr. E.K. Kumaresan for R1 to R4.
Ms. K. Moksha for Ms. Vidyalakshmi Vipin for R5.
O.A. No. 184 of 2021(SZ)
For Appellant(s): Mr. P. B. Sahasranaman.
For Respondent(s): Mr. G. Vignesh for Mr. E.K. Kumaresan for R1 to R3.
Ms. K. Moksha for Ms. Vidyalakshmi Vipin for R4.
Judgment Reserved on: 7th March, 2023.
Judgment Pronounced on: 16th March, 2023 CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member O.A. No. 117 of 2021
1. The Kottayam Nature Society has filed the above application alleging removal of riparian plants such as Attuvanchi, Bamboo etc., which generally act as a natural barrier for protecting flood and also preserving the retaining capacity of the water of the river Meenachil throughout the year.
2. The importance of preservation of Attuvanchi is brought to the notice of the District Coordinator, Kerala State Biodiversity Board, Kottayam by the Member Secretary, Kerala State Biodiversity Board, Kottayam on 01.03.2021 urging him to take immediate steps for preserving riparian plants like Attuvanchi and other plants on the banks of the river. It is stated that the 3rd respondent is deepening the Meenachil River from Ettumanoor to the lower reaches of the river where it joins with the Vembanad Lake. The project is for the removal of silt and from the river bed and cutting done the riparian vegetation along the course of the river to control flood in the Kottayam District.
3. According to the applicant the removal of silt and sand from the river and also cutting down the riparian vegetation are great threat to the river ecology as the removal of sand, silt and clay will alter the ecology of the river. It is also stated that there is possibility of intrusion of more salt water into the river. The cutting of trees will have serious adverse impact on the river ecology. In the absence of the Environmental Impact Assessment or any other studies have been conducted before engaging in the activities.
4. It is stated further that there is not even a project report before indulging in such huge work having severe adverse effect on the environment of the area. The riparian plants act as bio-shields and if the same is disturbed, it will adversely affect the riverine ecosystem. The applicant stated that the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 casts an obligation on the local authorities to maintain the Kadavu and river banks in safe condition. For the said purpose Bamboo and Attuvanchi are planted on the river banks with the help of the Forest Department to control the river bank sliding. Thus contending the applicant has sought for a direction to the respondents 2 and 3 not to cut or remove any of the trees on the river banks of Meenachil River without conducting any Environmental Impact Assessment and also without obtaining permission from the 1st respondent. The second direction sought for is to the respondents 2 and 3 not to remove silt or sand under the River Meenachil without conducting EIA and finally a direction is sought to the 4th respondent to take immediate steps to plant more Bamboo and Attuvanchi within a time limit to protect the Meenachil River.
5. This Tribunal had appointed a Joint Committee on 25.05.2021 comprising members from MoEF&CC, Bangalore, Biological Diversity Board, State of Kerala, Kerala Forest and Wildlife Department , Major Irrigation Department, Kottayam and District Collector, Kottayam to inspect the area in question and submit a factual as well as action taken report, if any violations were found. The Committee was directed to ascertain whether any study has been conducted or any plan has been evolved as contemplated under the Disaster Management Act, 2005 considering the nature of impact of flood in those areas in previous years.
6. The Committee has reported that in compliance of the direction given by this Tribunal, they had visited several project sites along the banks of the Meeachil River over a stretch of about 15 to 20 kms. The Joint Committee had inspected the sites at Pichakassery Mali, Poovathum Moodu hanging bridge, Neelimangalam areas, Cherunarakom bridge, Illickal areas, Cheepunkal (Delta), Kavanaar and Arthootti. The Joint Committee had noted that works have been initiated by Major Irrigation Department in Meeachil Rive which included the following:
i. CSIND, i.e, cleanin
