2024 Supreme(Online)(NGT) 915
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 71/2024 Sam P Issac ...Applicant Versus State of Kerala & Ors. ...Respondents Date of hearing: 21.03.2024 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the Applicant.
Application is registered based on a letter petition received by Post.
ORDER
1. Sam P Issac has sent by post the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 71/2024.
2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
X X X X “Sub- Illegal mining in Western Ghat Kerala I am inviting your kind attention to the continues worst mining activities in western ghat of Kerala. It is in Moonnilavu village in Kottayam district of Kerala.The highest hill in the western ghat area of Kottayam district is named Illikkal kallu. It is a tourist destination and ecologically sensitive area. Top of Illikkalkallu peak is about 4000 feet above sea level. Near this peak in Sy.No.46/1,1-2,1-1,1-3 of Moonnilavu village in Meenachil taluk (Kottayam district, Kerala state) a quarrying lease No.384/2017-18/8860/M3/2017 dated 26.09.2017 under the kerala minor mineral concession Rules, is allotted to Shri Nalinakshan Nair, Monkombu Granites, Moonnilavu. P.O. Since then large scale rock mining is going throughout there. A big metel crusher is also Working there. A vast area of Government land is also encroached by them. In this ecologically fragile land heavy blasting is conducted using huge quantity of explosives, compressors, excavators and quarrying work is going on throughout day and night. Huge quantity of granite is excavated and transported from here.
Really Nalinakshan Nair is only a benami. The real man behind this looting is Shri. Tomin. J.Thachankari . He was a higher police officer, retired recently. Using his position in police department he forced the officers of concerned departments (Revenue, Mining and Geology, Police, Pollution control board, Explosives wing etc.) to grant necessary permissions to start the quarry in this ecologically fragile area. Fearing this police officer who is known as a shady character, no departments dare to conduct an inspection in this quarry. If anyone raise a protest,this police officer will threaten them. The Quarrying area is a steep hill with a slope more than 60 degree. It is a remote area. No outside persons are allowed to enter the premises. In a rainy season heavy land slide occurred there. Local people says that two labourers from north India lost their life and it was kept a secret by this police officer.The same day he send all other labourers to their home saying that if they break the secret he will shoot them.
Because of fear of my life, I am keeping my identity secret. I am regretting for it before you. Please take necessary action to stop this illegal quarrying activities.
X X X X”
3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010. 4. In view of the averments in the application, we consider it appropriate to have response of (1) State of Kerala through District Magistrate, Kottayam, (2) Director, Mining and Geology, State of Kerala, (3) Kerala Pollution Control Board, through its Member Secretary and (4) Shri Nalinakshan Nair, Monkombu Granites, Moonnilavu who stand impleaded as respondents No. 1 to 5. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 4 requiring them to file their reply/response within two months.
5. Notice be served on Project Proponent- Shri Nalinakshan Nair, Monkombu Granites, Moonnilavu through the District Magistrate, Kottayam and for this purpose notice issued to the Project Proponent be sent to the District Magistrate, Kottayam by E-mail for getting service of the same effected on it and sending his report in this regard.
6. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Regional Off