National Green Tribunal
A .P Mathew, Aged 54 Years, S/O Poulose, ... vs Chief Conservator Forest, Department ... on 8 April, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.6: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 268 of 2017 (SZ)
IN THE MATTER OF:
A.P. Mathew
Aged 54 years, S/o. Poulose
Janasakthi, Unit President
Ayathupadath House, Idukki Colony,
P.O. Thannikandam, Idukky District - 685 602.
... Applicant(s)
Versus
1) Chief Conservator,
Forest Department Kerala,
Vazhuthakkad, Trivandrum - 695 014.
2) Chairman,
KSEB Limited, Vaidyuthi Bhavan
Pattam, Trivandrum - 695 004.
3) Secretary,
KSEB Limited, Vaidyuthibhavan
Pattan, Trivandrum - 695 004.
4) Chairman
Kerala State Pollution Control Board
Trivandrum - 695 004.
5) Secretary,
Local Self Government Department
Secretariat, Trivandrum - 695 034.
6) District Collector
Painavu P.O.
Idukky District - 685 603.
7) R.D.O. Idukky
Painavu P.O.,
Idukky District - 685 603.
8) Tahsildar
Taluk Office Idukky
Idukky Colony P.O.
Vazhathoppe
Idukky District - 685 602.
Page 1 of 40
9) Village Officer
Village Office Idukky
Idukky Colony P.O.
PareMavu - 685 602.
10) Executive Engineer
PWD, Roads Division
Idukky - 685 603.
11) Secretary
District Panchayat Idukky
Painavu P.O. - 685 603.
12) Secretary
Grama Panchayat
Vazhathoppu,
Thadiyampadu P.O. - 685 603.
13) District Forest Officer
Forest Department
Collectorate P.O., Moonamnila
Koottayam - 686 002.
14) Director
Department of Mining & Geology
Kesavadasapuram
Trivandrum - 695 004.
15) Superintendent of Police
Idukky District
Idukky - 685 603.
16) Sree A.P. Usman
Arimbasseriyil House
Nayarupara P.O. - 685 602.
...Respondent(s)
For Applicant(s): Mr. Nithin represented
M/s. Sheeja P D.
For Respondent(s): Mr. E.K. Kumaresan for R1, R5 to R10 & R13 to R15.
Mrs. V.K. Rema Smrithi for R4.
M/s. Vadhana Bhaskar represented
Mr. Raju Sebastian for R11 & R12.
Date of Judgment: 08th April 2022.
Page 2 of 40
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. This case pertains to encroachment into the forest land and making unlawful constructions.
2. It was alleged in the application that as per Government Order dated 11.11.1964, the Kerala State Electricity Board had taken forest land on lease from the Forest Department in various parts of Idukki District for their Hydro Electric Project. Idukki Hydro Electric Project was commissioned in 1976. The land was granted to the Kerala State Electricity Board as per Annexure - 1, G.O. dated 11.11.1964. After commissioning the project, Kerala State Electricity Board did not hand over the land consisting of leased forest land to the Forest Department, but in connivance and support of the Forest Department, the Kerala State Electricity Board put up certain illegal constructions, not only in the project area, but also put up construction in the area where construction is banned. As per Annexure -
2, Government Order, a portion has to be kept as Construction Free Zone from Cheruthony Town to Neerimangalam including the Periyar River and River banks having an extent of 238.78 Ha. The Idukki Development Authority was formed in the year 1976 and the District Collector - Idukki was designated as Chairman. Thousands of acres of land were allotted to this authority as per G.O. in 2007 but they have handed over certain portion of the land to the Idukki District Panchayat under the influence of political parties. The 2/3rd of the check dam constructed and the bus stand Page 3 of 40 constructed were within the 'No Construction Zone', encroaching into the width of the Cheruthony River. Lot of constructions were also allowed to come within that area. Though several complaints were made, no effective steps have been taken by the authorities.
3. That prompted the applicant to file this application seeking the following reliefs:-
(a) To remove all unauthorized construction in the encroached area in the Cheruthony and Periyar River banks and other construction free zones.
(b) To take appropriate steps against the pollution of Cheruthony river water so as to regain the eco friendly environment and greenery, natural free flow of the Cheruthony and Periyar river water, and to save the existing trees, herbs, organisms, fossils, etc.
(c) To take appropriate steps in maintaining the eco-friendliness in the virgin from without any human intervention catering to the bio-
diversity and flourishing of the flora and fauna of this particular locality.
(d) Issue such other reliefs as this Hon‟ble Green Tribunal may deem fit and proper in the interest of justice for achieving the above reliefs."
4. The 4th Respondent has filed their reply affidavit contending that the illegal construction and encroachment into the water body will not come within their purview. As regards the pollution issue arising out of such illegal construction, the Pollution Control Board will be having jurisdiction to entertain the same. The Board have categorized industries and other establishments into Red, Orange, Green and White, based on the pollution potential of the units. Except white category, other category units have to obtain Consent from the Pollution Control Board and the White category will have to be registered with the Board. They will be taking appropriate steps regarding pollution to Cheruthony River due to discharge made by Page 4 of 40 the hotels and other establishments and if there is any violation, they will take appropriate action against them. As regards encroachment issue is concerned, it is for the Forest Department, Revenue Department and the Electricity Board to take appropriate action. So, they prayed for passing appropriate orders, accepting their contentions.
5. The 14th Respondent filed counter contending that no new quarries were permitted in villages falling as ecologically sensitive areas after the draft notification of the MoEF&CC on Ecologically Sensitive Area Villages based on the report of the High Level Working Group under the Chairmanship of Dr. Kasthuri Rangan has come into effect. No new quarries were started even in the non- Ecologically Sensitive Area areas of the district without prior Environmental Clearance (EC) by adhering to the directions of the Hon'ble Apex Court. No permission from the Department of Mines and Geology is required for erecting a crusher unit and the permission required from the department is for stacking and selling the minerals. As per the existing Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, the person who wishes to stack one metal has to register his depot and obtain dealer license, after remitting necessary fee with the respondent department, as provided under Schedule - I to the Kerala Minor Minerals Concessions Rules, 2015, except ordinary earth and diamond stones, irrespective of the fact that they are having crusher unit or not. There are only three crusher units working in Idukki Taluk of Idukki District with dealer's license. None of the crusher units are started after MoEF&CC notification on ESA Villages in Kerala. Certain persons have constructed buildings after obtaining necessary permission from the Grama Panchayat. On 17.10.2016, an application for removal of extracted Page 5 of 40 granite building stone under the above said permission was submitted before the District Geologist, Idukki and they inspected the area and they adopted the technology of wire cutting which is an non-explosive measures to detach the rocky exposure and permission was granted as per the Rules. So, according to them, they were taking all necessary steps to protect environment and also ecology.
6. As per order dated 28.01.2020, after considering the pleadings, in this matter, this Tribunal had appointed a Joint Committee comprising of (i) the District Collector - Idukki, (ii) Chief Conservator of Forest, Vazhuthakkad, (iii) Superintending Engineer, Kerala State Electricity Board Limited, (iv) Kerala State Pollution Control Board, (v) Senior Officer from Integrated Regional Office, MoEF&CC, Bangalore and (vi) Executive Engineer, Public Works Department, Road Division, Idukki to inspect the area in question and go into the allegation made in the application and submit a factual as well as action taken report. If there is any encroachment in those areas, including prosecution and imposing environmental compensation, if any, illegal permissions have been granted, then identify those persons and action (if any) taken against those persons. As far as possible the committee was directed to suggest the measures for protecting the river to the extent possible including time to be taken for removal of encroachment and nature of action taken for the purpose by the State Government in this regard. The District Collector -
Idukki was designated as the nodal officer for co-ordination.
7. Thereafter, the matter has been adjourned, at the request of the parties for submission of report. In the meantime, when the matter was taken up on 08.10.2020, this Tribunal had considered the report submitted by the Page 6 of 40 Chairman, Kerala State Level Monitoring Committee appointed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 which was extracted in the order dated 30.09.2020 in Para (4) of the order which reads as follows:-
"The alleged encroachment into the Cheruthony River through various means including the construction of a check dam across the river as well as the encroachment into an ecological fragile construction free zone in the forest area in Idukki District and making unauthorized construction therein is the subject matter in issue in the present original application. Allegations regarding illegal construction of crusher units near Cheruthony - Thaidyampad area and discharge of septage and sewage from commercial establishments causing pollution to the river, are also made in original application.
As per orders dated 28.01.2020, a Joint Committee consisting of the District Collector, Idukki, the Chief Conservator of Forest, Vazhuthakkad, the Superintending Engineer of the Kerala State Electricity Board, a representative of the Kerala State Pollution Control Board, a Senior Officer from the Regional Office, Ministry of Environment, Forest, Bangalore and the Executive Engineer, PWD (Roads), Idduki was constituted by this Hon‟ble Tribunal to inspect the area in question and to submit a report touching the allegations made mention of in the original application. Certain actions were also proposed against the violators, for protecting the river.
Cheruthony river located in Idukki District is a tributary of Periyar river which originates from Sivagiri Hills in Western Ghats. Periyar river which joints with Mullapperiyar dam flows down to Vandiperiyar and reaches Idukki - Cheruthony - Kulamav dam systems. Idukki dam is constructed aross river Periyar and it has no shutters to release excess water. Instead, the excess water in the dam site is released through the shutters of Cheruthony dam from where the Cheruthony river originates and flows down to joint river Periyar at Vellakkayam. River Periyar practically does not exist at a certain length between Idukki dam and Vellakkayam as Idukki dam has no shutters. During peak summer season, Cheruthony river is almost barren near Cheruthony town. However, the seeping from Cheruthony dam makes lean flow during summer.
Due to the recent increase in the spread of Covid-19 in the State and also due to the adverse climatic conditions I could not personally go and inspect the site before making this report. However, an inspection was caused to conducted by the District Office, KSPCB, through the Member Secretary, SLMC. Accordingly, the Environmental Engineer of the KSPCB, Idukki District conducted a site inspection on 14.09.2020. Certain screen shots of different locations of the site were also caused to be taken. The contents of this report is mainly based on the information supplied by the Environmental Engineer of the KSPCB.Page 7 of 40
The following are the pieces of information supplied by the District Office, Idukki of KSPCB.
1. There are small restaurants, lodges, commercial establishments and residential apartments on one bank of the Cheruthony river. The other bank is almost a free land.
2. A non-perennial stream flows through Cheruthony town and it joints at Cheruthony river.
3. In all the commercial as well as residential establishments, septic tanks with soak pit system are seen provided. However, these are located on the bank of the river itself.
4. All most of all restaurants have leachate collected pits. These are for collection wash water.
Reportedly, inspection was conducted in all establishments to verify their system of waste water disposal. The details are given in Annexure - A1 schedule appended. It was also reported that, due land constrains and due the presence of vegetation at the banks of the river, a detailed verification could not be conducted for ascertaining whether there is unauthorized discharge of waste water into the river.
5. When the samples of water collected from the river were subjected to analysis, it was revealed that there was slight contamination of the river water by the domestic waste water.
6. Pollution due to the throw of plastic wastes into the river was noticed.
7. The check dam made mentioned of in original application was seen practically destroyed due to the flood in 2018.
8. The pay and park area and the toilet made mentioned of in the original application are not existing now. There are soak pit attached to the septic tank was seen provided for disposal of black water.
9. A crusher unit by name CMJ granite is situated at a distance from the river. However, it is not functioning now.
Annexure-B series contains the google map of the area and the photographs of different view of the river. Reportedly, group I of Annexure - B series, are the photographs taken on 22.05.2018 and group II are the photographs taken on 14.09.2020. Group III is the photograph shows joint point of Cheruthony and Periyar river.
Conclusion:
It is a natural phenomenon that water will find its path and level. The flood occurred in the year 2018 in Kerala illustrates the aforesaid principle. The Cheruthony town and its outskirts were worst affected during the flood of 2018. The unprecedented rainfall resulting in incessant flow of excess water from the dam site, coupled with the construction of the river on account of encroachments made the river to flow across the Cheruthony town in 2018. Allegedly, the bus station at Cheruthony is located over a portion of the river. Certain structures Page 8 of 40 as well as the check dam made mentioned of in the original application were practically washed away in the flood. Nature could achieve restoration which the authorities are the incapable of doing.
Evidently, there is real threat to the existence of the river. The remnants of the check dam across the river is the evidence of the encroachment. There is evidence of pollution of river water on account of dumping of plastic wastes and also an account of water from the nearby establishments. It is absolutely within the responsibility of the local body to curb the dumping of waste into the river. The irrigation department is duty bound to see that the river is not encroached upon by riparian owners. The forest department is legally bound to protect the forest area from the illegal encroachments and constructions. Unless there is earnest effort on the part of the authorities concerned, the very existence of our natural resources will be at peril.
Dated this the 26th day of September, 2020."
8. This Tribunal had also considered the report submitted by the Joint Committee, extracted in Para (5) of the order which reads as follows:-
"Report of the Joint Inspection Committee in the matter of A.P. Mathew Vs Chief Conservator of Forest and others.
Back ground The petitioner, Shri, A. P. Mathew who is the Unit President of Janasakthi movement has filed the O. A. No. 268/2017(SZ) before the Hon‟ble National Green Tribunal alleging the encroachment into the forest area and making construction in the construction free zone without getting any permission from the authorities in Cheruthoni Town of Idukki District. He also raised the issue of pollution of Cheruthoni River due to the discharge from the Hotels, Shops and buildings unauthorisely constructed in the river bank and also due to the functioning of certain crusher units.
The Hon‟ble National Green Tribunal vide order at 28.01.2020 had constituted a joint committee comprising of District Collector Idukki, Chief Conservator of Forest, Vazhuthakkad, Superintending Engineer of Kerala State Electricity Board Limited, Kerala State Pollution Control Board, a Senior officer from the Regional Office, Ministry of Environment, Forest (MoEF) Bangalore and also Executive Engineer of PWD, Roads Division, Idukki to inspect the area in question and go into the allegations made in the application and submit a factual and action taken report.
As per the orders of the Hon‟ble National Green Tribunal, the joint committee inspected the site in question on 18.09.2020 and discussed with the various Page 9 of 40 stakeholders. Due to the heavy rain the joint committee can‟t inspect the entire area mentioned in the application.
The observations of the Joint committee regarding the allegations mentioned in the original Application are the following. Allegations regarding the encroachment of forest area leased out by the Forest Department to the Kerala State Electricity Board for the Hydro Electrical Project.
The Deputy chief Engineer Kerala State Electricity Board Limited vide letter No. R.O.-DB2-11/2007-08/700 dated 23.09.2020 addressed to the 6th respondent has stated that Forest Department had leased out an area of 275 Hectors of land in Sy No.161/E/88 of Idukki Village in the Thodupuzha Taluk to Kerala State Electricity Board for the implementation of Idukki Hydro Electric Project. As per the version of the Kerala State Electricity Board, while handing over the land, only the extent of land was mentioned, but the same was not surveyed and demarcated. After the commissioning of the project, the Board had not utilized the land except 42.86 Hectors at Vazhathope colony. According to the Kerala State Electricity Board authorities, some of the land leased out to them was later transferred to the Government by the Forest Authorities to the Idukki Township Area Development scheme. If the version of the KSEB is true, the area alleged in the original application is not forest land but revenue land. Even if the alleged area comes under the revenue land , as per the Idukki Township Area Development Scheme, the same except Vazhathope colony of KSEBL also comes under the purview of „Construction free Zone‟. In the report submitted by the Forest Department pointed out that the two bits of Vazhathoppe and Paremavu colonies were transferred to Idukki Township Area Development Scheme. Lease from Kerala State Electricity Board is being collected after deducting the actual transferred area of 47.7 hectors from original lease area of 233.77 hector. Encroachment can be detected only after combined survey is finished.
(2) Allegation regarding the construction of Checkdam in the Cheruthony river.
There was a check dam in the Cheruthony river as alleged by the applicant. The bus stand and other constructions built by filling the check dam were washed away during the 2018 flood. At present there is no construction in the Cheruthony river which prevents the free flow of water through it. A temporary parking area is seen maintained in place of the previous bus stand. If excessive water flows through the Cheruthony river, there is a chance of washing away the above area as happened in the 2018 flood. Hence it is better to stop the operation of the above area for parking purpose. There is also a public Page 10 of 40 toilet operated by the Vazhathoppe Grama Panchayat, which also has to be removed.
(3)Allegations regarding the illegal constructions in the construction free Zone.
As per notification No.303/76 LA & SWD dated 21.12.1976 published in the Gazette Extraordinary No 751 dated 31.12.1976, Government have constituted the Idukki Development Authority which prepared a scheme for the development of the Township for the controlled area. As per GO (MS) No.240/80/LA &SWD dated 26/09/1980. Government has approved the Idukki Township Area Development Scheme. As per the Scheme, the land having an extent of 238.7 hectors situated between the road from Cheruthony Town to Neriyamangalam and Cheruthony river is classified as construction free Zone. Vide GO (MS) No.98/07/LSGD dated 30/03/2007, Idukki Development Authority was wound of with effect from 31.03.2007 and the assets and liabilities of Idukki Development Authority were handed over to the District Panchayat, Idukki.
In order to ascertain the constructions made in the construction free Zone, a joint inspection team under the leadership of the town planner Idukki has constituted as per the direction of the 6th respondent. The said committee has reported that there are about 285 constructions in the construction free Zone. The details of the above said construction reported by the above said committee are as follows.
List of Buildings
Sl..N Ward No:/Name Building Name and Address Floor Purpose Area
o: No:
1. 10 Cheruthoni 10/722 Vimala Radhakrishnan 1 Residence 73.87
Vazhavilayil
Idukki Colony P.O.
2 10 Cheruthoni 10/1717 Abhilash 1 Residence 86.1
Menacherill
3 10 Cheruthoni 10/719 Ammukkutty, Ambiyil, 1 Residence 26.53
Idukki Colony P.O.
4 10 Cheruthoni 10/717 Kuttiyamma 1 Residence 50.15
Manillikattil, Idukki (damaged)
Colony P.O
5 10 Cheruthoni Nil - 1 Residence 57.94
(damaged)
6 10 Cheruthoni 10/716 Thomas, Mudaplackal 1 154.45
Page 11 of 40
Idukki Colony P.O. Residence
7. 10 Cheruthoni 10/729 1. C. Elisa Jacob 3 Convent 1099.8
Nil C. Anna Sebastian Residence
C. Maria Varghese
I. A.R. Convent
Idukki Colony P.O
2. Annamma,
Valiyaprambil
Idukki Colony P.O
8 10 Cheruthoni 10/731 Vasumathi Kandalil, 1 Residence 79.49
Idukki Colony P.O
9 10 Cheruthoni 10/732, Ravi. V.R. 2 Residence 47.44
733 Valiyakulangara Commerce
10 10 Cheruthoni 10/1706 1. Jessy George 1 Commerce 47.00
10/736 Mundaplackal 1 Commerce 607.90
To 738 2. M.K. George
747 to Mundaplackal
749
11 10 Cheruthoni 10/739, Sunny Joseph, 2 Residence 617.05
740,741,7 Naduvathettu Commerce
42 Idukki Conony P.O.
12 10 Cheruthoni 10/766 Joseph Varkey, 1 Residence 371.46
Padinjarekkara, Commerce
Idukki Colony P.O
13 10 Cheruthoni 10/759,76 Joseph Varkey, 4 Residence 1301.95
0,761,762 Padinjarekkara, Commerce
Idukki Colony P.O
14 10 Cheruthoni 10/769, Pushpangadan, 2 Residence 135.11
1438 Kunnel, Idukki
Colony P.O
15 10 Cheruthoni 10/770, Bindu, Kunnel, 3 Residence 565.85
771, 772 Idukki Colony P.O
16 10 Cheruthoni 10/774 Sarojini Thankappan 1 Residence 50.23
Karameil, Idukki Colony
P.O
17 10 Cheruthoni Nil Shajahan 3 215.33
Pachupallathil Commerce
18 10 Cheruthoni 10/776 Gopi 3 Commerce 227.29
10/1720 Maduraramattathil, Residence
Idukki P.O
Shibu Gopi, 1 Residence 30.00
Maduramattathil
Idukki Colony P.O
Page 12 of 40
19 10 Cheruthoni 10/777 Mymoon 1 Residence 75.92
Arakkekkudi1
20 10 Cheruthoni 10/778, BabuM.N. 3 Residence 274.6
779 Mavalathukudiyil
21 10 Cheruthoni 10/780 Santhosh Kumar C 1 Residence 89.38
Gokulam
22 10 Cheruthoni 10/781 Manoj Scaria 1 Residence 41.69
Ayikkal
23 10 Cheruthoni 10/784 Sukumaran 3 Residence 184.96
Lekshmivilasam
24 10 Cheruthoni 10/787 Secretary 3 Office 220.12
S.N.D.P. Office,
Idukki Colony P.O
25 10 Cheruthoni 10/798 Thangalkutty, 1 Residence 37.7
10/801, Kanjiravila
796 Idukki Colony P.O. 3
Thangalkutty, Residence 279.09
Kanjiravila
Idukki Colony P.O.
26 10 Cheruthoni 10/791, Thangalkutty, 2 Residence, 164.07
792,793 Kanjiravila Commerce
10/789 Idukki Colony P.O. 1 20.79
10/788 Thangalkutty, Commerce
Kanjiravila 2 145.45
Idukki Colony P.O Commerce
Seenath Thangalkutty,
Kanjiravila,
Idukki Colony P.O
27 10 Cheruthoni 10/799 Ramakrishnan Nair, 1 Residence 71.91
Thonikkuzhi,puthenpura
,
Idukki Colony P.O
28 10 Cheruthoni 10/1428 Santhosh, 1 Residence 63.7
Linsy Santhosh
Anchuveettuvilayil,
Idukki Colony P.O
Page 13 of 40
29 10 Cheruthoni 10/809 1. Mary Thomas 4 Residence 1023.48
10/808 Menacheril Idukki Commerce
10/806 Colony P.O 1
2. Mary Thomas, Residence 59.80
Menacheril, Idukli 2
Colony P.O Commerce 44.62
3. Mary Thomas,
Menacheril,
Idukki Colony P.O.
30 10 Cheruthoni 10/810 Basheer K.B 1 Residence 114.7
Kothayil
Idukki Colony P.O
31 10 Cheruthoni 10/812 Baby & Annakutty 1 Residence 52.64
10/811 Padinjarekkara
Idukki Colony P.O
Geetha Maria Baby 1 49.14
Geo, Valuparambil Residence
Idukki Colony P.O
32 10 Cheruthoni 10/814 1. Saraswathy 1 Residence 76.71
Nil Muthukrishnan
Poovankanai
Idukki Colony P.O 1 28.03
2. Saraswathy Residence
Muthukrishnan
Poovankanai
Idukki Colony P.O
33 10 Cheruthoni 10/817, Branch Manager 2 Bank 74.52
816 Thodupuzha Primary
Agricultural
Development Bank,
Idukki Colony P.O
34 10 Cheruthoni 10/820 to George Maxin, Thadathi 6 Commerce 600.04
833 Idukki Colony P.O Residence
10/818 Shyju B. Shana House, 343.68
Idukki Colony P.O 1 Residence
35 10 Cheruthoni 10/837 James Joseph 3 Residence 302.22
838, 839 Kanjirathamkunnel & Commerce
Joseph Sauramakkai
Idukki Colony P.O
36 10 Cheruthoni 10/863,14 Sakkeer K.B. Kothayil 3 Residence 253.29
40 to Idukki Colony P.O Commerce
1443
Page 14 of 40
37 10 Cheruthoni 10/847 Molly 1 Residence 71.07
Maliyekkudiyil,
Idukki Colony P.O
38 10 Cheruthoni 10/848 1. Susan Tomy 1 Residence 63.9
10/846 Maliyekkudiyil
Idukki Colony P.O
2. Saju Mathes 1 63.72
Puthenpurayil Residence
Idukki Colony P.O
39 10 Cheruthoni 10/850, Sunny Joseph 2 Commerce 130.72
851, 852 Naduvathettu
Idukki Colony P.O
40 10 Cheruthoni Nil Remani Anandarajan 1 Commerce 61.12
Thundathil
Idukki Colony P.O.
41 10 Cheruthoni 10/864 to President, Vyavasayi 4 Commerce 2431.92
875, Ekopana Samithi,
10/1672 Cheruthoni
to 1676
42 10 Cheruthoni 10/860, Secretary SC/ST 4 Commerce 377.31
862 Co-operative Printing
Society, Cheruthoni
43 10 Cheruthoni 10/886 Basheer K.B. Kothayil 4 Commerce 88
Idukki Colony P.O
44 10 Cheruthoni 10/895 K.P.Ibrahim, 6 Commerce 568.32
Kottanputhiyapura
Idukki Colony P.O
45 10 Cheruthoni 10/900,90 1. Abdul Raheem 5 Residence 392.45
3,904,905 Konnamkudiyil Commerce
10/913,91 Idukki Colony P.O
4, 915, 2. Abdul Jabbar 5 193.60
920, Konnamkudiyil Residence
10/910, Idukki Colony P.O Commerce
911, 912 3. Abdul Kareem 5 193.60
Kottanputhiyapura Residence
Idukki Colony P.O Commerce
4. Muhammed 5 193.60
Shereef,
Konnamkudiyil Residence
Idukki Colony P.O Commerce
46 10 Cheruthoni 10/921 to Mumtaj Basheer, 6 Commerce 885.72
Page 15 of 40
928, 930 Akoth, Idukki Colony
to 932 P.O
47 10 Cheruthoni 10/936 to Muhammed BaSheer 4 Residence 492.8
940, K.P, Commerce
942,944 Konnamkudiyil
Idukki Colony P.O
48 10 Cheruthoni 10/945 Mary Joseph, 4 Commerce 240.8
Idakkulathil, Idukki
Colony P.O
49 10 Cheruthoni 10/1585 Brajeetha Neernal 1 Residence 33.00
10/950, Idukki Colony P.O
951, 952 Brajeetha Neernal 3
10/1681, Idukki Colony P.O Commerce 178.20
1691 Thomas Padinjarekkra 3
10/953, Idukki Colony P.O Commerce 289.20
954 Nixon Thomas
Padinjarekkara, 2 178.00
Idukki Colony P.O
Commerce
50 10 Cheruthoni 10/956, Parathodu Antony 2 Commerce 187.00
957 Myppan House Idukki
10/958 to P.O 6 741.12
961 Parathodu Antony Commerce
Nil Myppan House
Idukki Colony P.O 7 2147.56
Parathodu Antony, Not in Use
Myppan House,
51 10 Cheruthoni 10/973, Byju Poulose 4 Commerce 194.28
974A, Padinjiarekkara
977 Idukki Colono P.O
52 10 Cheruthoni 10/964 Sakeer K.B. 1 Commerce 72.38
10/962, Kothayil
963, 965 Idukki Colony P.O
to 970 Jijo John, Panjikkattil, 4 474.28
Idukki Colony P.O
53 10 Cheruthoni Nil Sakeer K.B. Kothayil, 1 Commerce 27.47
Idukki Colony P.O
Jijo John, Panjikattil,
Idukki Colony P.O
54 10 Cheruthoni 10/994, Vicar 2 Commerce 90.72
995 St.Mary‟s Syrian Church
Page 16 of 40
Orthodox Church
Idukki Colony P.O
55 10 Cheruthoni 10/988 to Thomas Devaisa 1 Commerce 44.31
991 Pulimoottil
10/1432 Idukki Colony P.O 3 258.72
Vinu P Thomas Residence
Pulimoottil
Idukki Colony P.O
56 10 Cheruthoni 10/1030, Bappu Ummer, 4 Commerce 2423
1030A,10 Aliyakunnel
31 Idulkki Colony P.O
to1036,
1683-
1687,169
7,1698,16
99,1701
57 10 Cheruthoni 10/1431 George Koshy 3 Commerce 166.05
Ushassil, kattappana
P.O
58 10 Cheruthoni 10/1002 Subaida E.A 3 Commerce 262.14
Elamthuruthiyil
Idukki Colony P.O
59 10 Cheruthoni 10/1509,1 Aneez, Idathuruthiyil, 6 Commerce 413.4
510 Idukki Colony P.O
60 10 Cheruthoni 10/1039 Rema Ssdidharan, 2 Residence 13.30
10/1041 Sasikala & Manju Commerce
10/1037,1 Madhumandirathil 1 6.65
038 Idukki Colony P.O Commerce
10/1046 Sindhu Divakaran 2
Valiyakappil Residence 51.20
Idukki Colony P.O Commerce
Rema Ssdidharan,
Madhumandirathil
Idukki Colony P.O
61 10 Cheruthoni 10/1048 Joseph Michael, 2 Commerce 155.4
Koodothu
Thadathiparambil
Idukki Colony P.O
62 10 Cheruthoni 10/1045 Sarojini Sreedharan 1 Commerce 77.7
Puthupallil
Idukki Colony P.O
Page 17 of 40
63 10 Cheruthoni Ibrahim K.P. & 3 Commerce 91.8
Shihabudeen,
Kottaputenpura
Idukki Colony P.O
64 10 Cheruthoni Nil Secretary, District 1 Commerce 95.7
Panchayath
Painavu P.O
65 10 Cheruthoni 10/1086,1 Secretary, District 2 Commerce 485.52
089 Panchayath
Painavu P.O
66 10 Cheruthoni Nil A.P. Usman. 5 Commerce 564.8
I.N.T.U.C
67 10 Cheruthoni Nil Sunny Yuvajana 1 Commerce 106.6
Sanghadana
68 10 Cheruthoni Nil Manikandan, 1 Commerce 165.3
Puthenpurackal
Idukki Colony P.O
69 10 Cheruthoni Nil Sadasivan 1 Commerce 15.2
Kizhakkekkara
Idukki Colony P.O
70 10 Cheruthoni Nil Secretary Grama 1 Public 7.86
Panchayath, Toilet
Vazhathoppe
71 11 Gandhinagar 11/519 Vasantha Joseph 1 Residence 42.12
Kulathinkal
72 11 Gandhinagar 11/518 Krishnan Alappattu 1 Residence 46.89
73 11 Gandhinagar 11/496 Kareem 1 Commerce 24.85
Puthenpurackal
74 11 Gandhinagar 11/495 Kareem 1 Commerce 49.08
Puthenp1urackal
75 11 Gandhinagar 11/500 Aswathy Suresh,49.92 1 Residence 64.35
Chandralayam
76 11 Gandhinagar 11/499 Aswathy Suresh, 1 Commerce 21.45
Chandralayam
77 11 Gandhinagar 11/502 Vijayamma Sahadevan 1 Residence, 49.92
11/498 Puthenpurayil Commerce
11/497 Lineesh 1 59.72
Puthenpurackal Commerce
Vijayan K.G. 1 27.28
Kochupallasseriyil Commerce
78 11 Gandhinagar 11/503 Rajesh Chandralayam 1 Commerce 102.79
Page 18 of 40
79 11 Gandhinagar 11/505 Sathosh Sadasivan 1 Residence 61.48
Udayanikkalkuttiyil
80 11 Gandhinagar 11/506 Ayyamma 1 Residence 36.62
Kuruvelikkudiyil
81 11 Gandhinagar 11/507 Chellappan 1 Residence 51.7
Puthenveedu
82 11 Gandhinagar 11/508 Batharudeen, 1 60.45
Vadakkevilayil Residence
83 11 Gandhinagar 11/510 Bindumol T.S 48.96
11/516 Thazhecheruvil 1 Residence
11/512 Mini Suresh, 1 51.92
11/623 Methalayil
Thankamma Devarajan 1 41.21
Parappurathu
Omana Sasi 1 57.68
Thazhecheruvila
84 11 Gandhinagar 11/514 Thambi Sasthri 1 Residence 185.9
Nil Vrindavanam 3 68.79
Saradha Thampi
Sasthri
Vrindavanam
85 11 Gandhinagar 11/493 Secretary, 1 Temple 39
Secretary Sree Krishna
Swamy Kshethram
86 11 Gandhinagar 11/382 Thulasi Leela 1 Residence 40.05
Puthenpurayil
87 11 Gandhinagar 11/381 Varghese P.C. 1 Residence 58.71
Puthenkulathil
88 11 Gandhinagar 11/378 Velayudhan Chettiyar, 1 Residence 46.56
Ambiyil
89 11 Gandhinagar 11/380 Kuttappan, Vaipanal 1 Residence 56.18
90 11 Gandhinagar Nil Jagathy, 1 Residence 58.68
Puthenpurackal
91 11 Gandhinagar Nil Binu, Nellikunnel 1 Commerce 46.08
92 11 Gandhinagar 11/376 Sinu George 1 Residence 105.45
Peediyekkal
93 11 Gandhinagar 11/386, Prasad V.T.., 1 Residence 489.57
387 Naduvarayil Commerce
94 11 Gandhinagar 11/375 Markose 1 Residence 100.75
Kizhakkekandathil
95 11 Gandhinagar 11/390 Prasad V.T., 1 Residence 43.2
Naduvarayil
Page 19 of 40
96 11 Gandhinagar 11/370 Chandran P.K. 1 Residence 51.24
Palapotta
97 11 Gandhinagar 11/361 Jose Thomas & 1 Residence 45.75
Lissy Jose
Ambattukunnumpurat
hu
98 11 Gandhinagar 11/362 Joy, Kayathinkal 1 Residence 48
99 11 11/374 Tomy Abraham 1 Residence 52.44
GandhinagarS Ilamthuruthiyil
100 11 Gandhinagar 11/354 Santhappan, 1 Residence 108.36
Pichappillil
101 11 Gandhinagar 11/360 Paul K.V., Thottunkal 1 Residence 45.92
11/353 Paul K.V., Thottunkal 1
11/367 Shijo George, 1 Residence 43.40
11/365 Koottumkudiyil 1
11/576 Aliyar, 1 Commerce 176.95
11/401 Arimpasseriyil Residence 66.95
Nil Paul K.V. Thottunkal Residence 112.77
Nil Sunny Thomas 1 Service 54.43
Vayalakombil Station 63.68
Residence 57.44
Residence
Shed
102 11 Gandhinagar 11/402 Surendran T.G. 1 Residence 40.00
11/302 Thekkerickal
11/393 Surendran T.G 1 Commerce 173.87
Thekkerical Residence
Geetha Surendran 1 37.00
Thekkerickal Residence
103 11 Gandhinagar 11/399 Johnson J 1 Residence 62.8
Bethel
104 11 Gandhinagar 11/395 Philip P.S 1 Residence, 622.51
11/400 State President Bethal 1 Worship
Nil Assembly of God Centre 52.53
Krishnankutty 1 Residence 27.36111
Puthenpurayil 1
Shed
105 11 Gandhinagar 11/394 Bappu 1 Residence 69.3
Ummer,Aliyakunnerl
Idukki Colony P.O
106 11 Gandhinagar 11/403 Aysha A.E. Ansaina & 1 Residence 45.56
Muhammed Ansal,
Page 20 of 40
Mullathuvalappil
107 11 Gandhinagar 11/404 Johnson, Karakkattu, 1 Residence 56.35
11/404U Biju Kunnel 1 Residence 49.40
A Sunil Joseph 3 Residence 552.80
11/407 Kanjamala 1 Residence 59.80
Nil
108 11 Gandhinagar 11/413 Joyaldas 4 Worship 106.32
Viswasamandiram Centre
Pendacosthy Mission
109 11 Gandhinagar Nil 1 Residence 88.8
110 11 Gandhinagar 11/416 Marakkar 1 Residence 124.29
Srimbassery
111 11 Gandhinagar 11/517 Mary K.J., 1 Residence 61.56
Kaniyamkunnel
112 11 Gandhinagar 11/405 M.K. Raju, Erathel 1 Residence 56.61
A dispute is there regarding the Commencement of the Idukki Township Area Development Scheme. Against the action taken by the local Authority regarding the constructions in the construction free zone, a large number if writ petitions are pending before the Hon‟ble High Court of Kerala. Directions were already given from the side of the Government to the Vazhathoppe Grama Panchayat for taking action against illegal constructions in the construction free zone.
4) Allegations regarding the pollution of Cheruthony and Periyar Rivers The Joint Committee has conducted a meeting on 15.07.2020 at Collectorate Idukki to discuss the various aspects regarding the allegations in the O.A. As per the decision of the above meeting, the Environmental Engineer, Kerala State Pollution Control Board has conducted the inspection on 14.09.2020 for inspecting the various issues alleged in the O.A. in connection with the pollution of Cheruthony and Periyar Rivers and submitted report to the 6th respondent. The same is attached as Annexure 1. No serious pollution problems as alleged in the O.A. were stated that the analysis report of the river water collected from the Cheruthony River shows only slight contamination to river by domestic waste water in that stretch. The pollution due to the plastic waste is reported by the Environmental Engineer.
During the site inspection, the Joint Committee find certain waste water outlet into the river, violating the norms. The Joint Committee is satisfied with the report submitted by the Environmental Engineer Kerala State Pollution Control Board, Idukki. Regarding the allegation of river pollution due to the functioning of crusher unit, it is revealed that the Page 21 of 40 crusher units mentioned in the O.A are not functioning at present. Hence, there is no threat of water pollution due to the functioning of crusher units at present.
Summary Findings of the Committee (1) There is a lack of clarify regarding the land leased out to the Kerala State Electricity Board and the land transferred to the Government by the Forest authorities. As per the version of the Kerala State Electricity Board authorities, the same land leased out to them was later transferred to the Government by the Forest Department for the Idukki Township Areas Development Scheme.
(2) The bus stands and pay and park area, which were constructed by filing the major portion of the Checkdam were washed away during the 2018 flood. In such place, there is a temporary parking area and a pay & use toilet constructed by the Vazhathoppu Grama Panchayat. Since the above structures prevent the fire flow of water through the Cheruthony River, during the opening of shutters of Dam, the same has to be removed. (3) At present there is no other illegal construction which prevents the free flow of water through the Cheruthony River.
(4) Vazhathoppu Grama Panchayat has to take stringent action for removing the illegal constructions in the construction free zone. (5) During the site inspection, the Joint Committee find certain waste water outlets into the river, violating the norms. No other serious pollution problems as alleged in the original application were noticed. Analysis of the river water collected from the Cheruthony River shows only slight contamination. The Pollution Control Board and the concerned Grama Panchayat has to take effective steps for reducing plastic wastes. (6) The applicant along with some other person has filed Writ Petition No. 30113/2018 before the High Court of Kerala, alleging the illegal constructions in the Construction free zone, which is now pending before the High Court."
9. This Tribunal had also considered the report submitted by the State Pollution Control Board which was produced as Annexure - 1 to the report, extracted in Para (6) of the order which reads as follows:-
"KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, IDUKKI ESSAREN BUILDING, AANAKOODU JN, THODUPUZHA, IDUKKI - 685 584 REPORT REGARDING NGT O.A No. 268/2017 Page 22 of 40 Inspection conducted on 14.09.2020 to Cheruthoni River which is located in Idukki District, flows through the Cheruthoni town. It is a part of the Periyar River System. River Periyar originates from Sivgiri hills in Western Ghats, joins with Mullayar at Mullaperiyar dam. From the downstream of Mullaperiyar dam River Peiryar flows through Vandiperiyar and reaches Idukki, - Cheruthoni - Kulamav dam systems. Periyar River starts from the downstreams of Cheruthoni dam is locally known as Cheruthoni River. During summer season, the Cheruthoni River almost barren at Cheruthoni River. During summer season, the Cheruthoni River is almost barren at Cheruthoni dam makes a lean flow.
Inspected the Cheruthony River, its premises, and Cheruthony town. There are a number of small restaurants, lodges commercial establishments and residential apartments at one bank of the river. The other bank is almost free land. A non- perennial stream, flows through the Cheruthoni town also joins the Cheruthony River. Samples from the river Cheruthoni was collected and analysed for finding any pollution. In all the commercial as well as residential establishments, septic tank - soak pit system provided for black water which is located at the bank of the river itself. Almost all the restaurants have leach pit like collection system for collecting wash water.
Inspection conducted to all establishments and verified their system of waste water disposal. The details are given below, Name of Establishment Activity Waste disposal facility Hotel Taj Restaurant Closed Condition Thoufeeq Hotel Restaurant with Underground tank is provided and restaurant 56 seats within the building. Wash water finally percolated to soil.
Septic tank soak pit for black water.
Hotel Stoneage: Hotel Provided Sewage Treatment Plant and soak pit. Hotel is Under renovation works.
Hotel Saphire Restaurant with Underground
24 seats Collection tank
provided
Pappens Hotel Restaurant Closed.
Natural Foods Chicken Stall Underground tank
provide for wash water
Uppum Milakum Restaurant with Underground tank
Kantahris 10 seats provided
Kurinji Tourist No Restaurant, 7 Septic tanks soak pit.
home rooms
Shikkara tourist No Restaurant, Septic tanks soak pit.
home Tourist home 24
rooms
Central hotel Restaurant with Collection tank
24 seats provided.
Janakeeya Hotel Restaurant with No facility for wash
less than 5 seats water disposal
Page 23 of 40
Apsara residency No Restaurant, Septic tank soak pit.
Tourist home with
13 rooms
Hotel Aswathy Restaurant, with Underground
26 seats collection tank.
Hotel Bismilla Restaurant with Underground
28 seats collection tank.
Due to land constraints and due to the presence of vegetation at the banks a detailed verification could not be conducted for finding any unauthorized discharges to the river.
The analysis report of the river water collected from the river at Cheruthoni town revealed that there is only slight contamination to the river by domestic water in this stretch. But there is pollution due to plastic waste could be seen in the river.
In the original petition. It was mentioned about a check dam, pay and park area and latrine constructed in the river. But it was noticed during inspection that the check dam was partially destroyed in the flood, pay and park area, and toilet mentioned in the original application were not existing now. Instead a public toilet exists near the bus stand now. There also septic tank soak pit provided for black water disposal. An illegal crusher is also mentioned in the petition. The crusher unit namely CMJ granites is at a far distance from the river and is not functioning now. Photographs of different views of the river and the crusher unit, available Google map showing the coordinates of the location of Cheruthoni town, and analysis report of the river water are enclosed. Group 1 (a) and (b) shows photographs taken on 22.05.2018 and Group II shows photographs taken on 14.09.2020."
10. Thereafter, this Tribunal had passed the following order:-
"7. It is also mentioned in the report of the Pollution Control Board that the quality of the water in the Cheruthony River is within the prescribed standard that there is negligible contamination.
8. The learned counsel appearing for the State Department submitted that certain action has been taken and some of the illegal constructions have been removed by demolishing the same and some more things will have to be done. It is also mentioned in the report that the present applicant along with the others filed the Writ Petition before the Hon‟ble High Court of Kerala as W.P. 30113 of 2018 for removal of illegal construction which is also pending.
9. But the learned counsel submitted that there is no direction given by the Hon‟ble High Court of Kerala in that matter. However considering the fact that certain actions are being taken, we feel it appropriate to keep the case pending to monitor the progress of the action to be taken by the authorities to restore the river to its original position to the extent possible by removing the illegal encroachment in the construction free zone and also to provide necessary protective measures to avoid such things recurring in future.
10. The Joint Committee is directed to monitor the action and submit further action taken report to this Tribunal on or before 18.01.2021 by e-filing along with necessary hard copies to be produced as per rules Page 24 of 40
11. The Registry is directed to communicate this order to the concerned officials including the members of the committee immediately by e-mail so as to enable them to comply with the direction.
12. The state respondents are also directed to submit the status of the case pending before the Hon‟ble High Court of Kerala and if there is any orders passed and that also can be mentioned in the report to be submitted by them."
11. The case was posted to 18.01.2021 for consideration of further report.
Again, the matter was taken up on 16.02.2021, and on that date, this Tribunal had considered the order passed on 08.10.2020 and also considered the report submitted by the District Collector - Idukki dated Nil received on 16.02.2021 extracted in Para (4) of the order which reads as follows:-
"Report of the Joint Committee in the matter of A.P. Mathew Vs. Chief Conservator of Forest and Others The Joint Committee constituted as per the order dated 28.01.2020 of the Hon‟ble National Green Tribunal in O.A. No.268 of 2017 (SZ) had submitted its Joint inspection report on 29.09.2020. The Hon‟ble National Green Tribunal considered the above report on 08.10.2020 and vide order dated 08.10.2020 has directed to monitor the action and to submit further action taken report to the Tribunal on or before 18.01.2021. In the above order it is also directed to report the status of the WP (C) No 30113/2018, pending before the Hon‟ble High Court of Kerala.
The Joint Committee convened on 05.01.2021 at the chamber of the District Collector Idukki has discussed about the various steps to be taken on the basis of the order dated 08.10.2020 of the Hon‟ble National Green Tribunal and directed the Environmental Engineer, Pollution Control Board, Idukki to inspect the Cheruthoni River along with the representatives of the Vazhathoppu Grama Panchayat. The Committee also directed the Secretary, Vazhathoppu Grama Panchayat to submit action taken report on the basis of the order dated 08.10.2020 of the Hon‟ble National Green Tribunal.
The Environmental Engineer, Pollution Control Board, Idukki after conducting site inspection has submitted report on 12.01.2021, which is attached along with the report as annexure I and the Secretary, Vazhathoppu Grama Panchayat submitted the action taken report on 08.01.2021, which is also attached along with the report as annexure II.
The Environmental Engineer, Pollution Control Board, Idukki along with the representatives of Vazhathoppe Grama Panchayat has inspected the Cheruthoni River and its banks on 11.01.2021 and reported that during inspection they have found certain outlet pipes from the commercial and Page 25 of 40 residential buildings on the bank of the Cheruthoni river. These outlet pipes are reported to be carrying rain water from the roof tops. During inspection river bed adjacent to this side was found to be dry and no water flow could be observed at that location. He also reported that since river bank is full of grass and bushes, a detailed investigation in difficult and also requested to give direction to the authorities concerned to clear the same.
Direction was already given to the Secretary, Vazhathoppu Grama Panchayat to clear the vegetation on the banks of the Cheruthoni River so as to enable the authorities concerned to inspect the banks of the river to find out whether there is any outlet pipes into the river. Pollution Control Board has already given directions to the Commercial Institutions situated on the banks of the Cheruthoni river not to discharge any type of waste water into the river. They also issued direction to the Secretary, Vazhathoppu Grama Panchayat to take necessary arrangements for removing the plastic wastes accumulated in the river and to dispose the same as per Plastic Waste Management Rules. Secretary Vazhathoppu Grama Panchayat was also directed to take effective steps for preventing the disposal of plastic wastes into the Cheruthoni River.
Secretary Vazhathoppu Grama Panchayat vide letter dated 08.01.2021 has also reported the steps taken by them on the basis of the order dated 08.10.2020 of the Hon‟ble National Green Tribunal. The Joint inspection committee has either identified the illegal parking area in the bank of the Cheruthoni river, in place of earlier check dam which was washed away during the 2018 flood, and recommended to remove the same since it prevent the free flow of water through the river during the opening of the shutters. The secretary of the Grama Panchayat has reported that the area which was recommended to remove by the committee is now operating as an area for the ingress and egress of buses and the same is attempted to be stopped now, without the alternative being ready, that could lead to traffic chaos in Cheruthoni Town. The construction of a new bus stand by the District panchayat is on progress and the same is expected to be completed within six months. Till then, they request to continue the present practice for the benefit of the people. The Vazhathoppu Grama Panchayat has assured to remove the said construction in the banks of the Cheruthoni River immediately after the operation of the new bus stand. They also reported that since the Cheruthoni bridge was severely damaged in the 2018 floods, the Central Government has accorded its sanction for the construction of a new bridge and the tender proceedings for the same has also been completed. The said bridge is being constructed in the area noted in the order where the bus stand is presently situated and hence there is no possibility of any other construction in the said area being present after the construction of the new bridge. Hence, a short time is requested to be granted for the compliance of the said order in its totality.Page 26 of 40
Regarding the finding of the Joint Inspection Committee about the accumulation of plastic wastes in the Cheruthoni River, the Secretary, Vazhathoppu Grama Panchayat has reported that they have removed all the plastic wastes from the river and its banks. The Hon‟ble National Green Tribunal vide order dated 08.10.2020 has also directed to report the present status of the WP (C) No.30113/2018. The writ petition has been dismissed by the Hon‟ble High Court vide Judgment dated 07.01.2021. The last para of the Judgment reads as follows:
"Taking into account the above said aspect, we are of the considered opinion that since the scheme has not yet come into the force by issuing appropriate notification by the State Government in contemplation of the provisions of the scheme, petitioners are not entitled to get any reliefs as are sought for in the writ petition, due to the prime reason that, the entire pleadings made in the writ petition is dependent on the scheme and the mistaken impression that the scheme was implemented by the State Government.
Therefore , the writ petition has no sustenance, accordingly it is dismissed."
The copy of the above Judgment is attached along with this report as annexure III.
As per the Judgment dated 07.01.2021 of the Hon‟ble High Court of Kerala in W.P. (C) No. 30113/2018, the Vazhathoppu Grama Panchayat is not in a position to take action against the violators as mentioned in the report of the Joint inspection committee. Such constructions are enlisted as illegal construction since they were on the construction free zone of the Idukki Township Area Development Scheme. Now the Hon‟ble High Court of Kerala has held that, since the Government has not notified the date of commencement Idukki Township Area Development Scheme, the same is not supposed to be in existence till date.
Consequent to the pronouncement of Judgment in W.P.(C) No.30113/2018 by the Hon‟ble High Court of Kerala, it is not possible to continue the action taken against the owners of the buildings in the construction free zones. Since, the commencement of the Idukki Township Area Development Scheme is yet to be notified, it is not possible to take action against the owners of the buildings constructed in the construction free zone.
Regarding the allegation about the encroachment of forest land, direction was already given to the forest and KSEB authorities to conduct survey in their lands for verifying whether there is any kind of encroachment. Stringent action will be taken against the encroachers, if it is found that any part of the forest land has been encroached.
Joint Committee meeting held on 15.01.2021 has approved the draft report to be submitted before the Hon‟ble National Green Tribunal and Page 27 of 40 directed the District Collector, Idukki to submit the report on behalf of the Joint Committee."
12. Thereafter, this Tribunal had passed the following order:-
"5. It is mentioned in the report submitted by the District Collector that Writ Petition filed by some of the local persons as W.P. (C) No.30113/2018 before the Hon‟ble High Court of Kerala was dismissed, recording the submission made by the State Attorney that since commencement of the Idukki Township Area Development Scheme is yet to be notified, it is not possible to take action against the owners of the building constructed in the „Construction free zone‟. As regards the encroachments into the forest land, direction was already given to the forest department and Kerala State Electricity Board authorities to conduct survey in their lands for verifying whether there is any encroachment and stringent action will be taken regarding the same. The Joint Committee meeting held on 15.01.2021 has approved the draft report to be submitted before this Tribunal and directed the District Collector, Idukki to submit the report on behalf of the Joint Committee.
6. It may be mentioned here that when we direct the committee to submit the report, it is for the committee to submit the report and not by the delegated authority.
7. Further, the entire case has been based on the permission granted by the forest department, while transferring certain extent of land to the Kerala State Electricity Board for a particular purpose on certain conditions. One such condition was to keep certain area as no construction zone, taking into account the nature of project for which permission has been granted. This is nothing to do with any Town Planning Scheme, where no construction zone has been notified or not notified.
8. The Forest Department as well as the Kerala State Electricity Board are also directed to submit their independent reports regarding these aspects. But quite unfortunately, no such reports have been filed by them. We are only concerned with the permission granted by the forest department when certain extent of land has been transferred to the electricity board for non-forest purpose. If there is any violation of such permission, then action must follow by the concerned departments regarding this aspect.
9. It is also mentioned in the report that certain extent of land has been transferred by the forest department to the Government for Idukki Township Area Development Scheme. Further, it was also mentioned in the report that the question of encroachment etc. can be considered only after conducting a combined survey. This report was filed long ago. There is nothing mentioned in the report of the District Collector as to whether any such survey has been conducted to ascertain any encroachment into the area in Page 28 of 40 an unauthorized manner. Even if certain land has been transferred to the Government, it will be deemed to be a Government land and that land cannot be trespassed upon by any other person without any proper authority. The order of the Hon‟ble High Court also will not prevent the authorities from protecting the Government land against encroachment.
10. Further, the applicant also produced the order of the Government of Kerala vide G.O. (Rt) No. 2910/2009/LSGD dated, Thiruvananthapuram, 06.11.2009 where the following directions have been issued:-
(a) The Secretary, Vazhathoppu Grama Panchayat will take action to remove the buildings constructed in the „Construction free zone‟ of the Idukki Township Area Development Scheme.
(b) Action initiated against the „Stonage Tourist Complex‟ building will also be continued.
11. It is also seen from the order of the government stated above that the construction was made in the risk zone and such construction should not be retained there.
12. When this was pointed out, the learned counsel appearing for the State of Kerala wanted some time to get instruction regarding the same.
13. The learned counsel representing the counsel appearing for the applicant also wanted some time as the counsel for the applicant is laid up and not able to appear before this Tribunal today.
14. So under such circumstances, we feel that some more time can be granted to the concerned departments which were directed to file their independent reports as per order dated 08.10.2020 to submit the reports and also on the basis of the directions issued by the District Collector in the latest report which was extracted above regarding the action taken by the respective departments to ascertain the encroachment and remove the encroachment, if there is any, from the Government land, after conducting proper survey.
15. They are directed to submit the report to this Tribunal on or before 08.04.2021 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."
13. The case was posted to 08.04.2021 for consideration of further report.
Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 25.03.2022.
Page 29 of 4014. When the matter came up for hearing today, we have received an action taken report in compliance with the order of this Tribunal dated 28.01.2021 from the Secretary, Water Resources Department received through post which reads as follows:-
"Action taken report in compliance with the order dated 28.01.2020 of Hon'ble National Green Tribunal in Original Application No.268/2017(SZ) filed by Sri.A.P.Mathew The petitioner, Sri.A. P. Mathew has filed the 0.A. No. 268/2017(SZ) before the Hon'ble National Green Tribunal alleging the encroachment into the forest area and making construction in the construction free zone without getting any permission from the authorities in Cheruthoni Town of Idukki District. He also raised the issue of pollution of Cheruthoni River due to the discharge from the hotels, shops and buildings unauthorizedly constructed in the river bank and also due to the functioning of certain crusher units.
As per order dated 28.01.2020, The Hon'ble National Green Tribunal had constituted a joint committee comprising of District Collector Idukki, Chief Conservator of Forest, Vazhuthakkad, Superintending Engineer of Kerala State Electricity Board Limited, Kerala State Pollution Control Board, a Senior officer from the Regional Office, Ministry of Environment, Forest(MoEF), Bangalore and also Executive Engineer of PWD, Roads Division, Idukki to inspect the area in question and go into the allegations made in the application and submit a factual and action taken report, if there is any encroachment in those areas, including prosecution and imposing environmental compensation and if any illegal permissions have been granted by the officials then identify those persons and actions if any, taken against those persons.
District Collector, Idukki has reported that as per the orders of the Hon'ble National Green Tribunal, the Joint Committee inspected the site in question on 18.09.2020 and discussed with the various stakeholders. It is also reported that due to the heavy rain the joint committee can't inspect the entire area mentioned in the application.
The observations of the Joint committee regarding, the allegations mentioned in the Original Application are the following.
(1) Allegations regarding the encroachment of forest area leased out by the Forest Department to the Kerala State Electricity Board for the Hydro Electrical Project.
The Deputy Chief Engineer, Kerala State Electricity Board Limited vide letter No. R.O.-DB2-11/2007-08/700 dated 23.09.2020 addressed to the 6th respondent has stated that Forest Department had leased out an area of 275 Hectors of land in Sy No.161/E/88 of Idukki Village in the Thodupuzha Taluk to Kerala State Electricity Board for the implementation of Idukki Hydro Electric Project. As per the version of the Kerala State Electricity Board, while Page 30 of 40 handing over the land, only the extent of land was mentioned, but the same was not surveyed and demarcated. After the commissioning of the project, the Board had not utilized the land except 42.86 Hectors at Vazhathope colony. According to the Kerala State Electricity Board authorities, some of the land leased out to them were later transferred to the Government by the Forest Authorities to the Idukki Township Area Development scheme. If the version of the KSEB is true, the area alleged in the original application is not forest land but revenue land. Even if the alleged area comes under the revenue land , as per the Idukki Township Area Development Scheme, the same except Vazhathope colony of KSEBL also comes under the purview of 'Construction free Zone'. In the report submitted by the Forest Department pointed out that the two bits of Vazhathoppe and Paremavu colonies were transferred to Idukki Township Area Development Scheme. Lease from Kerala State Electricity Board is being collected after deducting the actual transferred area of 47.7 hectors from original lease area of 233.77 hector. Encroachment can be detected only after combined survey is finished.
(2)Allegation regarding the construction of Check dam in the Cheruthony river There was a check dam in the Cheruthony river as alleged by the applicant. The bus stand and other constructions built by filling the check dam were washed away during the 2018 flood. At present there is no construction in the Cheruthony river which prevents the free flow of water through it. A temporary parking area is seen maintained in place of the previous bus stand. If excessive water flows through the Cheruthony river, there is a chance of washing away the above area as happened in the 2018 flood. Hence it is better to stop the operation of the above area for parking purpose. There is also a public toilet operated by the Vazhathoppe Grama Panchayat, which also has to be removed.
(3)Allegations regarding the illegal constructions in the construction free zone As per notification No.303/76/LA&SWD dated 21.12.1976 published in the Gazette Extraordinary No.751 dated 31.12.1976, Government have constituted the Idukki Development Authority which prepared a scheme for the development of the Township for the controlled area. As per GO(MS)No.240/80/LA&SWD dated 26/09/1980, Government have approved the Idukki Township Area Development Scheme. As per the Scheme, the land having an extent of 238.7 hectors situated between the road from Cheruthony Town to Neriyamangalam and Cheruthony river is classified as construction free Zone. Vide GO(MS)No.98/07/LSGD dated 30/03/2007, Idukki Development Authority was wound of with effect from 31.03.2007 and the assets and liabilities of Idukki Development Authority were handed over to the District Panchayat, Idukki.
Page 31 of 40In order to ascertain the constructions made in the construction free Zone, a joint inspection team under the leadership of the town planner, Idukki has constituted as per the direction of the 6th respondent. The said committee has reported that there are about 285 constructions in the construction free Zone(List of buildings is attached as Annexure-I ) A dispute is there regarding the commencement of the Idukki Township Area Development Scheme. Against the action taken by the local Authority regarding the constructions in the construction free zone, a large number of writ petitions are pending before the Hon'ble High Court of Kerala. Directions were already given from the side of the Government to the Vazhathoppe Grama Panchayat for taking actions against illegal constructions in the construction free zone (4)Allegations regarding the pollution of Cheruthony and Periyar Rivers.
The Joint Committee has conducted a meeting on 15.07.2020 at Idukki Collectorate to discuss the various aspects regarding the allegations in the OA. As per the decision of the above meeting, the Environmental Engineer, Kerala State Pollution Control Board has conducted site inspection on 14.09.2020 for inspecting the various issues alleged in the OA in connection with the Pollution of Cheruthony and Periyar rivers and submitted report to the 6th respondent. The same is attached as Annexure II. No serious pollution problems as alleged in the OA were noticed by the Environmental Engineer during inspection. It is also stated at the analysis report of the river water collected from the Cheruthony river shows only slight contamination to river by domestic waste water in that stretch. The pollution due to the plastic waste is reported by the Environmental Engineer.
During the site inspection, the Joint Committee find certain waste water outlets into the river, violating the norms. The Joint Committee is satisfied with the report submitted by the Environmental Engineer Kerala State Pollution Control Board, Idukki. Regarding the allegation of river pollution due to the functioning of crusher unit, it is revealed that the crusher units mentioned in the OA are not functioning at present. Hence there is no threat of water Pollution due to the functioning of crusher units at present.
Findings of the Joint Committee (1) There is lack of clarity regarding the land leased out to the Kerala State Electricity Board and the land transferred to the Government by the Forest authorities. As per the version of the Kerala State Electricity Board authorities, the same land leased out to them was later transferred to the Government by the Forest Department for the Idukki Township Area Development Scheme.
(2) The bus stand and pay and park area, which were constructed by filling the major portion of the Check dam were washed away during the 2018 flood. In such place, there is a temporary parking area and a pay & use toilet Page 32 of 40 constructed by the Vazhathoppu Grama Panchayat. Since the above structures prevents the free flow of water through the Cheruthony River, during the opening of shutters of Dam, the same has to be removed.
(3)At present there is no other illegal constructions which prevents the free flow of water through the Cheruthony River.
(4)Vazhathoppu Grama Panchayat has to take stringent action for removing the illegal constructions in the construction free zone.
(5) During the site inspection, the Joint Committee find certain waste water outlets into the river, violating the norms. No other serious pollution problems as alleged in the original application were noticed. Analysis of the river water collected from the Cheruthony River shows only slight contamination. The pollution Control Board and the concerned Grama Panchayat has to take effective steps for reducing plastic wastes.
(6)The applicant along with some other person have filed writ petition No.30113/2018 before the High Court of Kerala, alleging the illegal constructions in the Construction free zone, which is now pending."
15. The learned counsel appearing for Respondents No.6 & 8 also filed a report dated Nil, e-filed on 14.07.2021 which reads as follows:-
"REPORT filed by Kerala State Electricity Board Limited represented by its Secretary (Adm), Pattom Thiruvananthapuram- 695004.
It is humbly submitted that Kerala State Electricity Board Limited is in receipt of a communication from the Office of the Chief Secretary, Government of Kerala in the matter of filing a report before the Hor'ble Trubunal in the said application. In this context the Kerala State Electricity Board Limited may be permitted to submit the following facts:
Idukki HEP with installed capacity of 780MW has its reservoir formed by construction of Idukki dam (across River Periyar), Cheruthoni dam (across River Cheruthoni) and Kulamavu Dam (across River Kilivallitnodu).
The KSEBL is in possession of the following extent of land in idukki area in connection with the implementation of Idukki HEP Reservoir Area - 5982Ha Land area a. Vazhathope Colony - 42.86Ha b. Idukk1 Dam Area - 0.55Ha c. Cheruthoni Dam Area - 1.6578Ha d. Kulamavu dam area - 2.6625 Ha e. Area surrounding Kulamavu area - 66.04 Ha f. Idukki 220KV line area - 85 Ha g. Paremavu area - 35 Ha Page 33 of 40 The Forest Department had leased out an area of 233.7703 Ha coming under Kothamangalam and Kottayam Forest Divisions to the KSE Board for the implementation of Idukki Hydro Electric Project. While handing over the land, the extent alone of the land was mentioned and the same was not surveyed and demarcated. No survey sketch of the land was made available by the Forest Department. Also no lease agreement was executed between Forest department and KSEBL. However, KSE Board was paying lease rent for the lands. No encroachment is noted in the Idukki or Cheruthoni dam areas till now wherein a joint survey is being carrying out.
Later during the year 1998 an authority in the name and style "Idukki Development Authority was constituted under the chairmanship of the District Collector, Idukki and an extent of 322.97 Ha of land was transferred to it by the District Collector. Now the said land is maintained by the Idukki District Panchayath and the survey sketch of the land is also not available with the Board. An extent of 47.72 Ha kept by the Board in the Vazhathope Colony was also included in this. This resulted in dispute and the matter was referred to the High Power Committee constituted by the Government to resolve the dispute and the issue is still pending finalization. KSEBL has already surveyed this area of the Vazhathope colony which is under the possession of Board. Hence it was decided in the meeting conducted on 08.01.2021 with forest Officials not to conduct a survey in this area but to conduct a joint survey in the Idukki, Cheruthoni dam area (b & c above)to ascertain any kind of encroachment.
In continuation of the above meeting another meeting was conducted with the forest officials on 13.01.2021 at the Office of the Executive Engineer, Research& Dam Safety Division No.I, Vazhathope. In the said meeting it was decided to ascertain and demarcate the boundaries of the land leased to KSEBL at the area where Idukki and Cheruthoni dams are located by a joint survey and accordingly a joint inspection of the area by KSEBL Forest Department, Idukki Taluk Office and Town Planning Department, was scheduled on 15.01.2021. It was decided, after the inspection on 15.01.2021 to conduct a detailed survey. On 22.02.2021 the joint preliminary traverse survey was started and the same completed by 25.03.2021. Consequently the laying of survey blocks was started on 5.4.2021 and completed by 25.04.2021. Meanwhile, the final survey works of the area was also started on 10.4.2021 and is expected to be completed by 30th August 2021.
For brevity the time schedule for the activities is tabulated as follows:Page 34 of 40
MFL (Maximum Flood Level) blocks were laid by the KSEBL downstream of Cheruthoni dam which is provided with shutters, as an indication to the extent, flooding may come up due to the release of water through the spillway in its full capacity. They are located at:
(i) MFL No.1 - On the left side of Cheruthoni - Kattapana road near Alinchuvadu junction in front of SNDP building.
(ii) MFL No.2 On the left side of Cheruthoni Kattappana Road about 1Km towards Cheruthoni town direction.
(iii) MFL No.3 On the right side of Cheruthoni Thadiyampadu road opposite to Federal bank near to public library
(iv) MFL No.4 On the left side of Cheruthoni -Thodupuzha road near to the Petrol pump of P.K Krishnan Nair & sons
(v) MFL No.5 - On the left side of road behind Sreekrishna Temple at Alinchuvadu
(vi) MFL No. 6 &7 which was planted near the Cheruthoni Mosque & CSI Church and the other near to the Sreedharma sastha temple, Madathinkadavu, Thadiyampad could not be located.
Inundation maps for the downstream area of Cheruthoni river/Periyar for various spillway releases are prepared by the Central Water Commission and emergency action plans are prepared by the KSEBL and intimated to the District Administration and published in the web site of the KSEBL.
It is submitted that KSEBL has already taken earnest steps to conduct the joint survey with the forest officials and taking an all-out effort to complete the process in a timely manner. It is further submitted that the area mainly under consideration of the Hon‟ble Tribunal is downstream of Cheruthoni dam where the township has developed and hence the survey of that area has to be done by the Revenue and Forest Authorities, for which KSEBL is ready to extend its assistance including identification of the MFL blocks laid down by KSEBL. This Hon'ble Tribunal may be pleased to record the above facts."
16. The Secretary, Water Resources Department submitted the following findings:-
"Findings of the Joint Committee (1) There is lack of clarity regarding the land leased out to the Kerala State Electricity Board and the land transferred to the Government by the Forest authorities. As per the version of the Kerala State Electricity Board authorities, the same land leased out to them was later transferred to the Government by the Forest Department for the Idukki Township Area Development Scheme.
(2) The bus stand and pay and park area, which were constructed by filling the major portion of the Check dam were washed away during the 2018 Page 35 of 40 flood. In such place, there is a temporary parking area and a pay & use toilet constructed by the Vazhathoppu Grama Panchayat. Since the above structures prevents the free flow of water through the Cheruthony River, during the opening of shutters of Dam, the same has to be removed.
(3)At present there is no other illegal constructions which prevents the free flow of water through the Cheruthony River.
(4)Vazhathoppu Grama Panchayat has to take stringent action for removing the illegal constructions in the construction free zone.
(5) During the site inspection, the Joint Committee find certain waste water outlets into the river, violating the norms. No other serious pollution problems as alleged in the original application were noticed. Analysis of the river water collected from the Cheruthony River shows only slight contamination. The pollution Control Board and the concerned Grama Panchayat has to take effective steps for reducing plastic wastes.
(6)The applicant along with some other person have filed writ petition No.30113/2018 before the High Court of Kerala, alleging the illegal constructions in the Construction free zone, which is now pending."
17. It is seen from the report that the applicant along with the some other persons has filed a Writ Petition as W.P. No.30113 of 2018 before the Hon'ble High Court of Kerala, alleging illegal constructions in the Construction Free Zone. The report of the District Collector is annexed with the Judgment dated 07.01.2021 passed by the Hon'ble High Court of Kerala in W.P. No.30113 of 2018 whereby, it was observed that the development scheme that was intended for development of Idukki District as per the Government Notification dated 27.09.2018 will be considered only after the date was announced by the Government, but so far the same has not been come into effect and the petitioners cannot seek for any remedy on the basis of the notification relied on by them and dismissed the application. However, this Tribunal after considering the Judgment observed that if there is any encroachment into the water body and encroachment into the Government land, this Judgment will not prevent the authorities from taking further action in this regard. It is on that basis Page 36 of 40 that the Secretary, Water Resources Department has filed the report referred to above.
18. It is seen from the report that the land will have to be surveyed to ascertain as to whether there was any encroachment into the Government land.
Further, the bus stand and pay & park area which were constructed by filling the major portion of check dam were washed away during 2018 flood and there is a temporary parking area and pay & use toilet constructed by Vazhathoppu Grama Panchayat. Since the above structure prevents free flow of water through Cheruthony River during opening shutter of dam, the same has to be removed.
19. They also found that there was no illegal construction which prevents free flow of water through the Cheruthony River. The Vazhathoppu Grama Panchayat was directed to take stringent action for removing illegal construction in the Construction Free Zone. It was also observed that during site inspection, the Joint Committee found that certain waste water outlets into the river violating the norms. No other serious pollution problems as alleged in the Original Application were noticed. Water samples taken from the Cheruthony river showed only slight contamination. The Pollution Control Board and the concerned Grama Panchayat were directed to take appropriate steps for reducing the plastic waste.
20. Further, it is seen from the report submitted by the Kerala State Electricity Board that in the meeting held on 08.01.2021 with the Forest officials, it was resolved not to conduct any survey in this area but to conduct joint survey in Idukki Cheruthony dam area TMC above to ascertain any kind Page 37 of 40 of encroachment. Excluded area was only in respect of 47.72 Ha. kept by the Board in Vazhathope Colony, in respect of which certain litigations are pending. Except that portion, the remaining portion will have to be surveyed. Certain details of the nature of survey to be conducted were also mentioned in the report.
21. So under such circumstances, we feel that there is no necessity to retain the case any longer and the application can be disposed of by giving appropriate directions to the concerned authorities to take appropriate action.
22. So, the Original Application is disposed of with the following directions:-
(i) The District Collector - Idukki, District Forest Officer and the Kerala State Electricity Board Limited are directed to conduct joint survey as observed in the report submitted by the Kerala State Electricity Board Limited and if there are any encroachments and unauthorized construction are found, then they are directed to take appropriate action against those persons strictly in accordance with law.
(ii) The Secretary, Water Resources Department is directed to implement the recommendations of the Joint Committee referred to in the report submitted by them before this Tribunal not to make any constructions in such a way as to obstruct the free flow of water when water is released from the Cheruthony Dam and direct the Vazhathoppu Grama Panchayat not to use that area for any purpose and remove the temporary toilet and parking area, as Page 38 of 40 observed by the Joint Committee and ensure free flow of water in Cheruthony River without any obstruction.
(iii) Vazhathoppu Grama Panchayat is also directed to take appropriate action against those persons who are making illegal constructions without obtaining necessary permission.
(iv) The State Pollution Control Board is also directed to ascertain the water quality in Cheruthony River and if there is any contamination found, identify the source and take appropriate action against the persons who are responsible for causing such pollution.
(v) The State Pollution Control Board is also directed to take appropriate action against those persons who are violating the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 in carrying out their activities causing pollution in this area which is likely to affect the Cheruthony River as well, strictly in accordance with law.
(vi) The Chief Secretary to Government, State of Kerala is directed to monitor the implementation of the directions issued by this Tribunal to protect the Cheruthony River against encroachment and pollution in co-ordination with the departments who are expected to carry out the directions, in its letter and spirit.
(vii) The Secretary, Water Resources Department is also directed to monitor the same and give appropriate feed back to the Chief Secretary, for issuing further directions, Page 39 of 40 if any, required from the Chief Secretary to implement the same to other departments who are expected to co-
ordinate with this process.
(viii) Considering the circumstances, parties are directed to bear their respective cost in the application.
(ix) The Registry is directed to communicate this order to the Chief Secretary to Government, State of Kerala, Additional Chief Secretary for Environment and Forest and Climate Change, Secretary for Water Resources Department, Revenue Department, District Collector -
Idukki District, Chairman - Kerala State Electricity Board Limited, Chairman - State Pollution Control Board and the Principal Chief Conservator of Forest, Head of Forests Force and Chief Wildlife Warden and the District Forest Officer, Idukki for their information and compliance of directions.
23. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.268/2017 (SZ), 08th April 2022. Mn.
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