National Green Tribunal
Ibrahim Karim vs State Of Kerala on 7 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 128 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Ibrahim Karim, Munnar
...Applicant(s)
Versus
State of Kerala and Ors.
...Respondent(s)
Date of hearing: 07.03.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Ms. Indulekha Joseph
For Respondent(s): Mr. E.K. Kumaresan through Mr. G. Vignesh
for R1, R3, R4, R6 and R7
Ms. Deepa for Ms. Vidyalakshmi Vipin for R2
Ms. Me. Sarashwathy for R5.
ORDER
1. As per order dated 02.02.2022, this Tribunal had considered the Joint Committee report dated 23.11.2021, e-filed on the same date, extracted in Para 4 of the order and then passed the following order:
5. The Executive Engineer, Public Works Department also filed a further statement.
6. Though the Assistant Executive Engineer, Minor Irrigation Division, Pathanamthitta has filed a report, but it is not in the proper form. They have 1 only enclosed certain correspondence between the Assistant Executive Engineer with the Advocate General, Ernakulam. When this was pointed out, the learned counsel appearing for the State Departments submitted that he will file a proper report explaining the same. In addition, the report has to be submitted by a senior functionary of the Minor Irrigation Department.
7. Further, it is seen from the Joint Committee report that the proposed construction site is damaged by converting the wetland into normal land by reclamation which is also not permissible under law. 8. When this was pointed out, the learned counsel appearing for the State Departments especially Public Works Department submitted that he will get a detailed report and explanation regarding this aspect as well. If it is being constructed in the part of wetland after reclamation, such an illegality cannot be allowed to continue. This must be explicitly explained by the project proponent when they are submitting their further statement to this Tribunal.2
9. The Irrigation Department must also report as to why permission is not required especially when the construction falls within the Flood Plain area and as per the direction of the Hon'ble Apex Court as well as this Tribunal in several matters of this nature, no construction is permissible in the Flood Plain area, as this area is intended for allowing the excess water to spread over to avoid flood being caused to the neighbouring areas during monsoon.
10.Further, the photographs produced by the applicant along with the memo shows that during the recent monsoon, the entire area has been flooded with water. It is not known as to why the Government which is expected to protect the environment and water bodies are venturing to construct buildings in the flood plain area so as to affect the riverine ecology and further, increase the possibility of inundation in the neighbouring areas on account of such intrusion.
11. So, they are directed to file the report as directed by this Tribunal on or before 22.02.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 24.02.2022 for hearing.
12.The Registry is directed to communicate this order to the official respondents especially to the Principal Secretary for Environment, Principal Secretary for Public Works Department and Irrigation by e-mail for their information and compliance of directions of filing proper report answering the queries raised by this Tribunal regarding the construction in the proposed site.
2. The case was posted to 24.02.2022 for consideration of further report and hearing. Thereafter, the matter has been adjourned from time to time by successive notification and lastly it was adjourned to today as per notification dated 04.03.2022.
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3. We have received a report submitted by Executive Engineer, Public Works Department dated 23.02.2022 along with the order of the Hon'ble High Court of Kerala W.P. (C) No. 13713 of 2022 which reads as follows:
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4. According to the report, the Hon'ble High Court of Kerala had considered all the environmental issues and permitted the project to go ahead. But quite unfortunately, the Writ Petition was filed on the premises that the project proponent is proceeding with the project without obtaining Environmental Clearance as the total built up area is more than 20, 000 sq. Meter but subsequently they have reduced the built up area to less than 20,000 sq. Meter and since no environmental clearance is required for that purpose, the Hon'ble High Court of Kerala had disposed of the matter stating that there is no Environmental Clearance required for this purpose. The Hon'ble High Court of Kerala did not go into the environmental issues raised.
5. The Joint Committee also mentioned in the report that the construction site is damaged by converting the wet land into normal land by reclamation which is also not permissible. This aspect was also expected to be answered by Public Works Department as well as District Collector as conversion of wet land or water body by reclamation will have impact on river ecology.
6. Further on the last hearing date, on the basis of the photographs produced by the Learned Counsel for the applicant, we directed the Public Works Department, District Collector as well as Irrigation Department to file their independent reports. But quite unfortunately such reports have not 4 been filed so far. When this was pointed out, the Learned Counsel appearing for the State of Kerala wanted some time to file those reports.
7. They are directed to submit the respective reports to this Tribunal on or before 29.03.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 24.02.2022 for hearing.
8. The Registry is directed to communicate this order to the Superintending Engineer, Irrigation Department, the Superintending Engineer, Public Works Department and District Collector, Pathanamthitta for their information and compliance of the direction.
9. If they did not file the report as directed, then this Tribunal will be compelled to dispose of the matter on the basis of the material available on record.
10.For consideration of report by the above officials and for hearing, post on 29.03.2022.
..................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Dr. Satyagopal Korlapati) O.A. No. 128/2021(SZ) 7th March, 2022. (AM) 5