National Green Tribunal
Agatti Island Kerala Karshka Sanghom vs Ministry Of Environment Forest And ... on 6 December, 2021
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No.02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 132/2020(SZ)
(I.A No.122/2020(SZ))
Agatti Island KeraKarshakaSanghom,
Agatti Island, Lashadweep Applicant
Versus
Union of India and Ors. Respondent(s)
Date of hearing: 06.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Applicant: Mr. P.B. Sahasranaman, Advocate.
Respondent(s): Mrs. Me. Saraswathy, Advocate for respondents no. 1 and 2.
Mr. V. Sajith Kumar, Advocate for respondent no. 3 (Standing
Counsel for UT of Lakshadweep)
ORDER
1. Grievance in this application is against illegal felling of coconut/other trees for beach road at Agatti Island at Lakshadweep.
2. According to the applicant, in terms of IPZ Notification, 2011, an Integrated Islands Management Plan (IIMP) had to be prepared for Lakshadweep Island. Vide order of the Hon'ble Supreme Court in Union Territory of Lakshadweep v. Seashells Beach Resort, (2012) 6 SCC 136, an Expert Committee headed by Justice R.V. Raveendran, former Judge of the Hon'ble Supreme Court was appointed for the purpose. IIMP was accordingly prepared and published on 01.08.2016 to be implemented by 1 the Lakshadweep Administration. 20 meters from High Tide Line is No Development Zone (NDZ).
3. Grievance in the application is that in violation of said plan,the Administration started uprooting of the trees for laying of roads against which the applicant made a representation dated 09.07.2020.
4. Vide order dated 30.07.2020, the application was admitted and notice was issued. To ascertain the factual position, a joint Committee comprising of Senior Officer from MoEF&CC, Regional Office, Chennai, Senior Scientist of National Coastal Zone Management Authority, Senior Officer, Lakshadweep Coastal Zone Management Authority and Senior Scientist from National Centre for Sustainable Coastal Management, Chennai was constituted.
5. Accordingly, the respondents have filed their respective response. The joint Committee has also filed its report. The joint Committee has found that construction of road is a permitted activity in the NDZ after approval of LCZMA. Construction work has already been completed. 143 coconut trees have been cut and 50 trees have already been planted. No EIA is required as per Notification dated 14.09.2006.Land on which construction has been done is of Government. There is no major environmental damage or soil erosion. Additional coconut trees in the ratio of 1:3 for number of trees cut need to be planted. The conclusions from the report are as follows:-
"A. As per approved Island Integrated Island Management Plan (IIMP) for Agatti Island the construction of a road in the alleged area between two jetties is a permitted activity even in the No Development Zone (NDZ) after approval on a case-to-case basis from the LCZMA. This road has already been planned as a developmental activity in the IIMP which was notified by the Lakshadweep Administration.2
B. On the day of the visit, it was noted that construction work was undergoing and out of 1000 mtrs of road 847 mtrs have already been completed and during the process 143 coconut trees have been cut and about 50 trees have already been planted also. C. As per EIA Notification 2006, no Environmental Clearance/ Coastal Regulation Zone (CRZ) clearance is required from the Ministry and accordingly no Environmental Impact Assessment (EIA) studies also envisaged for construction of this beach road which is a permitted activity under notified IIMP of Agatti Island.
D. The land on which this construction is being done is Government land and no private land has been acquired for the said purpose and no compensation needs to be paid for the island people. It was also noted that since the local population was enjoying the yield of coconut trees lying in accreted land have been slightly affected due to loss of this additional income which they used to get from the coconut trees. E. Even though no major environmental damage or soil erosion is envisaged due to construction of this beach road, the Joint Committee suggests dumping of excavated soil in the nearby shoreline which has been eroding as a shore protection measures in the island. F. The Committee also suggests planting of additional coconut trees in the ratio of 1:3 for the number of coconut trees that have been cut for the said purpose so that the locals can be benefitted with some additional income in future. The UTLA shall explore the possibility to protect the traditional fishing rights of fishing communities of Agatti island for fishing space, boats parking and production of massmeen in the accreted beaches."
6. We have heard learned Counsel for the parties.Though the applicant has objections to the report about the number of trees cut and damage to the soil, there is no material to substantiate the objections. The report of the Committee is based on site visit by Senior Officers of the Departments and has made recommendations for remedial action. Thus, the report of the joint Committee has to be accepted with further direction that plantation equal to three times of trees found to have been cutmay be ensured by the Lakshadweep Administration preferably within 3 one month. The Administration may also take appropriate soil conservation measures,wherever necessary.
The application is disposed of.
I.A. No. 122/2020(SZ) also stands disposed of.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr.Nagin Nanda, EM Dr.SatyagopalKorlapati, EM December 06, 2021 Original Application No. 132/2020(SZ) & I.A. No. 122/2020 (SZ) 4