Case Law
Subject : Civil Law - Environmental Law
ERNAKULAM: The Kerala High Court has directed the High Power Committee for Implementation of the Sabarimala Master Plan to examine the feasibility of constructing a semi-permanent shed for pilgrims at Pamba Manappuram. The Division Bench, comprising Justice Anil K. Narendran and Justice Muralee Krishna S. , emphasized that any decision must align with the approved Master Plan and consider serious environmental concerns raised by the Forest Department and a Supreme Court-appointed committee.
The order comes in a suo motu case registered based on a report from the Special Commissioner, Sabarimala, highlighting the urgent need for a resting place for the thousands of pilgrims who visit the shrine, especially during non-festival periods.
The issue originated from a report by the Sabarimala Special Commissioner, which noted the absence of adequate resting facilities at Pamba since the 'Ramamoorthi Mandapam,' a 21,520 sq. ft. structure, was destroyed in the 2018 floods. While a temporary German hanger shed was erected for the 2024-25 festival season at a cost of over ₹30 lakh, the report deemed such temporary solutions "not economically viable" for the increasing number of devotees visiting during monthly pooja days. The Travancore Devaswom Board (TDB) estimated that constructing a permanent structure would cost around ₹3 Crores.
The proposal faced significant opposition from the Forest Department, with the Deputy Director of Periyar Tiger Reserve filing a detailed counter-affidavit. The key arguments against the construction included:
The affidavit quoted the CEC report, stating, "The buildings situated on the Pampa River bed...have been responsible for blocking the flow of flood waters...retention of the building located on the riverbed is not in the long-term interest of development of infrastructure in Pampa and may also invite the wrath of nature in the coming years."
The Forest Department ultimately submitted that if any structure is permitted, it must be semi-permanent, adhere strictly to the 15-metre length restriction, and be located at least 50 metres away from the riverbank.
After considering the submissions from all parties, including the TDB and the Special Government Pleader for the Forest Department, the High Court bench found it appropriate to refer the matter for expert evaluation.
The court directed the High Power Committee for Implementation of Sabarimala Master Plan to:
"...consider the feasibility of semi permanent sheds at Pamba Manappuram as a resting place for the pilgrims...in accordance with the measurements prescribed in the approved layout plan...after considering the opinion of the Central Empowered Committee in their interim report No.44 and also the views of the...Deputy Director, Periyar Tiger Reserve..."
The bench has ordered the High Power Committee to submit its report "as expeditiously as possible," keeping in mind that the next Mandala-Makaravilakku festival season commences on November 16, 2025. This decision effectively balances the immediate need for pilgrim amenities with the critical long-term goal of preserving the ecologically fragile Pampa river ecosystem, ensuring that any development is sustainable and compliant with established environmental norms.
#Sabarimala #KeralaHighCourt #EnvironmentalLaw
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