Kerala High Court
Ammini vs State Of Kerala on 22 March, 2021
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.26919 OF 2019(L)
PETITIONERS:
1 AMMINI,
AGED 65 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
2 VALLIYAMMA,
AGED 73 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
3 REMANI,
AGED 51 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS, CHINDAKKI P.O.,
ATTAPPADY.
4 MALLIKA,
AGED 49 YEARS,
D/O. RAMASWAMI, PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
BY ADV. SRI.T.M.ABDUL LATIFF
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
W.P.(C) Nos.26919 & 28696 of 2019
:2:
2 THE WILD LIFE WARDEN,
SILENT VALLEY,
PALAKKAD - 678 582.
3 ASSISTANT WILD LIFE WARDEN,
BHAVANI FOREST RANGE,
MUKKALI P.O.,
MANNARKKAD,
PALAKKAD - 678 582.
SPL. GOVERNMENT PLEADER FOR FORESTS
SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22-03-2021, ALONG WITH WP(C).28696/2019(J), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26919 & 28696 of 2019
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.28696 OF 2019(J)
PETITIONERS:
1 RANKAN,
AGED 59 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
2 RAGHAVAN,
AGED 53 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
3 KAKKI,
AGED 43 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
BY ADV. SRI.T.M.ABDUL LATIFF
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE WILD LIFE WARDEN,
SILENT VALLEY,
PALAKKAD-678 582.
W.P.(C) Nos.26919 & 28696 of 2019
:4:
3 ASSISTANT WILD LIFE WARDEN,
BHAVANI FOREST RANGE,
MUKKALI P.O.,
MANNARKKAD,
PALAKKAD-678 582.
R1-3 BY SRI.SANDESH RAJA.K.,
SPL. GOVERNMENT PLEADER (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22-03-2021, ALONG WITH WP(C).26919/2019(L), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26919 & 28696 of 2019
:5:
[CR]
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.26919 and 28696 of 2019
`````````````````````````````````````````````````````````````
Dated this the 22nd day of March, 2021
JUDGMENT
~~~~~~~~~ These writ petitions are filed seeking to permit the petitioners to remove trees cut by them from their own land. The petitioners are residents of Attappadi and state that they need to cut trees and sell some of the woods to raise money to construct their pucca houses. The respondents resist transportation of woods on the ground that the land from which trees are sought to be cut and removed, is forming part of the proposed Buffer Zone around the Silent Valley National Park and it is an Ecologically Sensitive Zone.
2. The petitioners in W.P.(C) No.26919/2019 are legal heirs of late Rami who obtained Patta in respect of 6.98 W.P.(C) Nos.26919 & 28696 of 2019 :6: Ares of land in Survey No.25/3 and 55.10 Ares of land in Survey No.26/3 of Kallamala Village. The petitioners are now in joint position of the land and are paying land tax. The petitioners are cultivating pepper vine, etc. in the said property. The petitioners are residing in thatched houses and wanted to construct Pucca houses. As the petitioners decided to construct Pucca houses, due to scarcity of funds, the petitioners cut certain trees standing in their private land with an intention to sell. Applications submitted by the petitioners for permission to transport the trees were not entertained.
3. By Ext.P6 communication dated 17.08.2017 of the Assistant Wildlife Warden, the petitioners were informed that since the land is situated in the Ecologically Sensitive Buffer Zone of Silent Valley National Park, permission cannot be granted to cut and remove trees from even private land. By Ext.P7 letter dated 31.03.2018, the Range Forest Officer, Attapadi Range returned the applications on the same ground. The Assistant Wildlife Warden, Bhavani Forest W.P.(C) Nos.26919 & 28696 of 2019 :7: Range issued Ext.P9 letter dated 08.09.2018 stating that as it would affect rare bio species in Silent Valley National Park, the petitioners cannot cut and remove trees from the Buffer Zone.
4. The petitioners earlier approached this Court filing W.P.(C) No.32188/2018 and this Court gave liberty to the petitioners to approach the Wildlife Warden and the Wildlife Warden was directed to finalise the issue in a time frame. Pursuant thereto, the petitioners filed appeals under Section 6 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 challenging Ext.P9 order dated 08.09.2018 of the Assistant Wildlife Warden. The said appeals were dismissed as per Ext.P15 order of the Wildlife Warden. It was stated in Ext.P15 that since the property/land of the petitioners is situated in the Buffer Zone of Silent Valley National Park which is going to be notified as Ecologically Sensitive land, the applications of the petitioners cannot be allowed. The petitioners are before this Court challenging Exts.P6, P9 and P15 orders.
W.P.(C) Nos.26919 & 28696 of 2019 :8:
5. The petitioners in W.P.(C) No.28696/2019 state that they are legal heirs of late Ramaswami who obtained Patta in respect of 62.80 Ares of property in Survey No.25/2 of Kallamala Village. On the demise of Ramaswami, the petitioners are in possession of the land and are paying land tax. The petitioners proposed to construct pucca houses in the said property and due to financial constraints, they cut trees standing in their property. The trees were intended to be utilised, partly for house construction and partly for sale to raise funds for construction. The petitioners submitted applications for permission to transport the trees cut by them. By Ext.P4 letter dated 10.08.2017, the Assistant Wildlife Warden, Bhavani Forest Range declined the request of the petitioners. The petitioners were further informed as per Ext.P6 letter dated 08.09.2018 of the Assistant Wildlife Warden that their applications cannot be allowed since the land falls within the Buffer Zone of Silent Valley National Park and is ecologically sensitive.
W.P.(C) Nos.26919 & 28696 of 2019 :9:
6. The petitioners thereupon filed W.P.(C) No.32483/2018 and this Court directed the Wildlife Warden to consider the issue raised by the petitioners. Exts.P10 and P11 appeals filed by the petitioners were rejected by the Wildlife Warden as per Ext.P12 order, holding that since the land from which the trees are sought to be cut and transported falls within the Buffer Zone of the Silent Valley National Park and since the said area is a ecologically sensitive zone, no permission can be granted.
7. The learned counsel for the petitioners would argue that there are a number of legislations in Kerala regulating cutting of trees. Those regulations apply only to specified trees. The Kallamala Village where the land of the petitioners is situated, is not a notified Village under the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005. And the 2nd respondent is legally bound to consider the applications of the petitioners in accordance with law. The learned counsel further argued that though a Buffer Zone is proposed to be established by naming it as Bhavani Forest W.P.(C) Nos.26919 & 28696 of 2019 : 10 : Range, such Buffer Zone does not form part of Silent Valley National Park. Therefore, regulation applicable to Silent Valley National Park cannot be made applicable to Buffer Zone.
8. The learned counsel for the petitioners further argued that under Section 6(1) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, the petitioners have absolute right to cut and transport trees. Section 6 starts with non-obstante clause. Hence, Ext.P12 order of the 2nd respondent is illegal and unsustainable. The observations in Ext.12 that trees have been cut due to pressure from outsiders and is not due to the personal use of the petitioners etc., are findings not based on facts. In the circumstances, the writ petition is only to be allowed, contended the learned counsel for the petitioners.
9. The 2nd respondent-Wildlife Warden filed statement and contested the writ petitions. The 2 nd respondent stated that the land from where the trees are felled is adjacent to reserve forest, which was added as W.P.(C) Nos.26919 & 28696 of 2019 : 11 : Buffer Zone to Silent Valley National Park. Though Silent Valley National Park is accorded good protection, the adjacent areas were subjected to severe disturbances which posed a constant threat to the integrity of the National Park. Therefore, it was decided that a total area of 148 Km² around the Silent Valley National Park should be declared as a Buffer Zone.
10. The learned Special Government Pleader (Forests) submitted that Buffer Zone is required to be protected so as to ensure that there is no ecological damage to the areas surrounding the National Park. By Annexure-R2(a) Government Order dated 11.06.2007, the Government accorded sanction for creation of a Buffer Zone of 148 Km². Sanction was given to create a separate 'Bhavani Forest Range' for this area. Necessary infrastructure support was also granted. The petitioners have cut the trees not for their personal use, contended the learned Special Government Pleader. The trees were cut with an intention to trade timber.
W.P.(C) Nos.26919 & 28696 of 2019 : 12 :
11. The learned Special Government Pleader pointed out that national parks, sanctuaries and conservation reserves are notified under the Wildlife Protection Act, 1972. Such protected areas are important to conserve biodiversity, to have a regulation of such activities. It is envisaged that lands falling within 10 Km. of the boundaries of national parks and sanctuaries should be notified as eco-fragile zones under Section 3(v) of the Environment (Protection) Act, 1986. The learned Government Pleader pointed out that the Hon'ble Apex Court in Writ Petition Civil No.460/2004 has ordered that in case no ESZ proposal is sent by States, then ESZ of 10 Km. shall apply to National Parks.
12. As per Annexure-R2(d) letter dated 29.09.2016, the Ministry of Environment, Forest and Climate Change has ordered that there shall be no felling of trees within Eco-Sensitive Zone of protected areas without prior permission of competent authority duly notified by the State Government. For that reason also, the applications of the petitioners were liable to be rejected. The writ petitions are W.P.(C) Nos.26919 & 28696 of 2019 : 13 : devoid of any merit and they are liable to be dismissed, contended the Special Government Pleader (Forests).
13. I have heard the learned counsel for the petitioners and the learned Special Government Pleader (Forests) representing respondents 1 to 3.
14. The question to be considered is whether the petitioners have a right to cut and remove trees from their land and whether the respondents are empowered to restrain the petitioners from doing so. There are a number of legislations in Kerala which predominantly or inter alia regulate cutting and removal of trees. The Kerala Grants and Leases (Modification of Rights) Act, 1980 imposes liability to pay current segniorage rates for cutting and removing trees. However, the Act, 1980 applies to only those landed properties which are held in pursuance of any grant or lease given by the former State of Travancore or Cochin, for cultivation. The property of the petitioners herein are not grants but properties held in pursuance of a purchase certificate issued by Land Tribunal. Therefore, the Kerala W.P.(C) Nos.26919 & 28696 of 2019 : 14 : Grants and Leases (Modification of Rights) Act, 1980 will not apply to the land of the petitioners.
15. Section 4 of the Kerala Preservation of Trees Act, 1986 provides for restriction of cutting, uprooting or burning of specified trees as defined under Section 2(e) of the Act. There is no restriction on cutting and removing of non-specified trees, under the Act. As regards specified trees, previous permission of the authorised officer is required to be obtained. Of course, there is absolute prohibition in cutting any kind of trees under Section 5 of the Act. However, Section 5 will apply only to private forests, Cardamom Hill Reserve or areas cultivated with cardamom which is notified by the Government. The petitioners' land is not notified under the Act. Therefore, if the petitioners want to cut and remove the trees specified under the Act, previous permission of the authorised officer is necessary. If the trees sought to be cut and removed by the petitioners are not those specified under the Act, then no permission of the authorities is required.
W.P.(C) Nos.26919 & 28696 of 2019 : 15 :
16. The petitioners have sought permission of the authorities to transport trees under the Kerala Promotion of Tree growth in Non-Forest Areas Act, 2005. Section 3 of the Act, 2005 provides that every owner of non-forest land shall be free to plant trees in his land. Section 6 provides that notwithstanding anything contained in any other law for the time being in force, every owner of non-forest land shall have the right to cut and transport any tree other than sandalwood tree, standing on his land. However, if a person wants to transport timber of a specified tree, the owner shall file before the Forest Range Officer a declaration containing details such as the Survey number of the land, number of trees, species, quantity of timber and the place to which it is transported. Therefore, to transport any non-specified tree or timber, the petitioners have absolute right and for transportation of specified tree, the petitioners need to file a declaration before the Forest Range Officer.
17. The defence of the respondents is that permission to transport trees is declined as the land is situated in an W.P.(C) Nos.26919 & 28696 of 2019 : 16 : Ecologically Sensitive Zone/Buffer Zone created for the protection of Silent Valley National Park. The question is whether creation of such a Buffer Zone could affect the right of the citizens holding non-forest private land to cut and transport trees grown in their property.
18. Ext.P7 is a Government Order dated 11.06.2007 giving sanction to create a Buffer Zone to the Silent Valley National Park and formation of Bhavani Forest Range. Ext.P7 Government Order does not provide for regulation of felling of trees within the newly created Bhavani Forest Range.
19. The learned Special Government Pleader placed reliance on Annexure-R2(d) Circular dated 29.09.2016 issued by the Ministry of Environment, Forest and Climate Change. The said Circular states that in order to regulate the felling of trees in the Eco-Sensitive Zone of protected areas, it has been decided that there shall be no felling of trees on the forest, non-forest land or government or revenue or private lands falling within the Eco Sensitive Zone of W.P.(C) Nos.26919 & 28696 of 2019 : 17 : protected areas without prior permission of the competent authority duly notified by the State Government. The Circular also provides that the competent authority will grant permission for tree felling on the recommendation of the Divisional Forest Officer in whose jurisdiction the ESZ falls, who will recommend in accordance with the existing provisions of Central or State Act and Rules made thereunder by the State Government for protection of trees in the State. A reading of the Circular dated 29.09.2016 of the Ministry of Environment, Forest and Climate Change would show that even in a case where an area is declared as an Ecologically Sensitive Zone, felling of trees is permitted with the prior permission of the competent authority.
20. The crucial question is whether the land of the petitioners fall within an Ecologically Sensitive Zone and whether the State of Kerala has declared the Buffer Zone around Silent Valley National Park within which the land of the petitioners allegedly falls, as Ecological Sensitive Zone. By order dated 04.12.2006 in W.P.(C) No.460/2004 (Goa W.P.(C) Nos.26919 & 28696 of 2019 : 18 : Foundation v. Union of India), the Hon'ble Apex Court observed that if proposals of States/Union Territories on creation of eco-sensitive areas are not received, the Hon'ble Apex Court may have to consider passing orders for implementation of the decision that was taken on 21 st January, 2002, namely, notification of the areas within 10 sq. km. of the boundaries of the sanctuaries and national parks as eco-sensitive areas with a view to conserve the forest, wildlife and environment, and having regard to the precautionary principle.
21. Ext.P7 Government Order dated 11.06.2007 is one sanctioning creation of Buffer Zone to the Silent Valley National Park and formation of Bhavani Forest Range. Ext.P6 though sanctions creation of a Buffer Zone, does not declare the same as Eco-Sensitive Zone.
22. Ext.P15 is a Draft Notification dated 06.01.2016 of the Ministry of Environment, Forest and Climate Change. The Notification, in exercise of the powers conferred by sub-section (1) and Clauses (v) and (xiv) of sub-section (2) W.P.(C) Nos.26919 & 28696 of 2019 : 19 : and sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 read with sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, notifies an area to an extent up to 9 Km. from the boundary of Silent Valley National Park in the State of Kerala as the Silent Valley National Park Eco-Sensitive Zone, excluding the portion sharing boundary with the State of Tamil Nadu. The said Notification dated 06.01.2016 enlists prohibited activities. Ext.P15 states that there shall be no felling of trees on the forest or government or revenue or private lands without prior permission of the competent authority in the State Government. It also states that the felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the Rules made thereunder. Therefore, it is evident that Ext.P15 does not contemplate an absolute ban on felling of trees. Furthermore, Ext.P15 is only a draft notification. Therefore, based on Ext.P15, it being a draft notification, the rights of the petitioners cannot be deprived of.
W.P.(C) Nos.26919 & 28696 of 2019 : 20 :
23. Ext.P16 Notification dated 27.10.2020 supersedes Ext.P15 and publishes yet another draft notification. Ext.P16 also provides for a similar provision in the matter of felling of trees and mandates that the felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the Rules made thereunder. Ext.P16 also is only a draft notification. In fact, paragraph 4 of the additional counter affidavit filed by the Special Government Pleader (Forests) explicitly states that Eco-Sensitive Zone was not notified for Silent Valley National Park and hence 10 Km. shall be the buffer area as per the orders of the Apex Court.
24. Therefore, the right of the petitioners cannot be affected by Exts.P7, P15 or P16. According to the learned Special Government Pleader, in the absence of a Notification of Eco-Sensitive Zones around the Silent Valley National Park, the judgment of the Apex Court should govern the field and an area of 10 Km. around the Silent Valley National Park should be treated as Eco-Sensitive Zone. It may be noted W.P.(C) Nos.26919 & 28696 of 2019 : 21 : that the judgment of the Apex Court dated 04.12.2006 does not bar felling of trees in an Eco Sensitive Area. The orders of the Apex Court in Goa Foundation case, primarily dealt with issues arising from mining activities and was mainly intended to review and regulate environmental clearances already granted in Eco-Sensitive Zones. No orders of the Hon'ble Apex Court dealing with felling of trees in eco-sensitive areas are brought to the notice of this Court, by the parties.
25. Therefore, this Court is of the opinion that when specific statutes are governing the issue of felling of trees in the State of Kerala and when the Apex Court has not imposed a ban on felling of trees in Eco-Sensitive Zones, in the orders in Goa Foundation case, the right of the petitioners to cut and remove trees from their land, in accordance with the State legislations cannot be deprived of.
26. The learned Special Government Pleader brought to the attention of this Court the fact that the petitioners in the writ petitions are not sufficiently literate. The Wildlife Warden W.P.(C) Nos.26919 & 28696 of 2019 : 22 : during the hearing of the matter noted that the petitioners are insisting for transportation of trees, at the instance of forest mafia and on making enquiries with the petitioners, the Wildlife Warden found that they are not aware as to why the trees cut by them are sought to be transported to Thrissur/Kozhikode areas. It is due to this reason that the Wildlife Warden has concluded that the trees are sought to be transported at the instance of forest mafia. The Wildlife Warden bona fide believed that if transportation of trees is allowed in the case of the petitioners, more and more private landowners from this Eco Sensitive Area would come forward to transport large quantities of trees at the instance of forest mafia, which would cause irreparable damage to the Eco-Sensitive Zone and in turn, to the Silent Valley National Park.
27. May be the concern of the Wildlife Warden is genuine. But, that cannot be a reason to deprive citizens the constitutional right to property guaranteed under Article 300-A of the Constitution of India. The constitutional right of W.P.(C) Nos.26919 & 28696 of 2019 : 23 : the petitioners to hold and enjoy property would indeed include the right to cut and transport trees standing on their private property, subject to any statutory restrictions. That right of the petitioners cannot be taken away except with the authority of law.
28. The State legislations regulating cutting and removal of trees do not impose an absolute bar/prohibition on the petitioners from selling the trees standing on their private property. Had the respondents notified the Eco-Sensitive Zone around the Silent Valley National Park, the respondents would have been perhaps justified in not permitting the petitioners to transport trees belonging to them, provided there are provisions in the Notification prohibiting tree felling and transportation. The requisite Notification is yet to be gazettified. The respondents have not brought to the notice of this Court any order of the Apex Court in the Goa foundation case, which imposes any prohibition on felling trees in private lands in Eco-Sensitive Zones.
W.P.(C) Nos.26919 & 28696 of 2019 : 24 :
29. In the circumstances, the petitioners are entitled to reliefs. It is declared that the petitioners' application for transportation of trees cannot be rejected on the basis of the proposal to create Eco-Sensitive Zones in the buffer zone of Silent Valley National Park. Exts.P6, P9 and P15 orders in W.P.(C) No.26919/2019 and Exts.P4, P6 and P12 orders in W.P.(C) No.28696/2019, are therefore set aside. The 2 nd respondent-Wildlife Warden is directed to reconsider Exts.P13 and P14 appeals in W.P.(C) No.26919/2019 and Exts.P10 and P11 appeals in W.P.(C) No.28696/2019 afresh in the light of the findings and observations made hereinabove and pass orders thereon, within a period of one month.
Writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE aks/15.03.2021 W.P.(C) Nos.26919 & 28696 of 2019 : 25 : APPENDIX OF WP(C) 26919/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 COPY OF THE LAND TAX RECEIPT DATED 25.11.2016.
EXHIBIT P2 PHOTOGRAPH SHOWING THE NEGLECTED CONSTRUCTION CARRIED OUT BY ONE AMONG THE PETITIONERS.
EXHIBIT P3 PHOTOGRAPH SHOWING THE THATCHED HUT AND NEIGHBORING HOUSES.
EXHIBIT P4 COPY OF THE RELEVANT PAGES OF THE A AND B REGISTER SHOWING THE NATURE OF THE PROPERTY OF THE PETITIONERS.
EXHIBIT P5 COPY OF THE PURCHASE CERTIFICATE DATED 19-11-1985 EXHIBIT P6 COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED 17.08.2017.
EXHIBIT P7 COPY OF THE REPLY SUBMITTED BY THE ATTAPPADY RANGE OFFICERS OFFICE DATED 31-03-2018 EXHIBIT P8 COPY OF THE APPLICATION FILED BEFORE THE 3RD RESPONDENT DATED 31-03-2018 EXHIBIT P9 COPY OF THE LETTER DATED BR 33/2017 08.09.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 COPY OF THE ORDER No.GO(MS)No.36/07/F&WLD DATED 11-06- 2007.
EXHIBIT P11 COPY OF THE NOTIFICATION EXCLUDING PRIVATE PROPERTY IN RESPECT OF BUFFER ZONE.
W.P.(C) Nos.26919 & 28696 of 2019 : 26 : EXHIBIT P12 COPY OF THE JUDGMENT IN W.P.(C) 32188/2018 DATED 10-04-2019 EXHIBIT P13 COPIES OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 04- 07-2019 EXHIBIT P14 COPIES OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 04- 07-2019 EXHIBIT P15 COPY OF THE ORDER No.SV 1-5097/18 DATED 05-08-2019 PASSED BY THE 2ND RESPONDENT EXHIBIT P16 TRUE COPY OF THE LETTER DATED 16/12/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER WILD LIFE WARDEN SILENT VALLEY DIVISION AND THE ORDER PASSED BY THE GOVERNMENT FOREST DEPARTMENT DATED 31/10/2019.
EXHIBIT P17 TRUE COPY OF THE LETTER DATED
09/02/2011 OF THE DEPARTMENT OF
INSPECTOR GENERAL (WL) GOVERNMENT OF
INDIA WITH THE GUIDELINES FOR
DECLARATION OF ECHO SENSITIVE ZONES
AROUND NATIONAL PARKS AND WILD LIFE
SANCTUARIES.
EXHIBIT P18 TRUE COPY OF THE CHAPTER OF THE
MANAGEMENT PLAN SHOWING THE LOCATION
CONSTITUTION AND EXTENT OF
NOTIFICATION OF SILENT VALLEY
NATIONAL PARK MINISTRY OF ENVIRONMENT AND FOREST NOTIFICATION DATED 27/01/2010.
EXHIBIT P19 TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 6.1.2016 W.P.(C) Nos.26919 & 28696 of 2019 : 27 : EXHIBIT P20 TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVIRONEMENT, FOREST AND CLIMATE CHANGE DATED 27.10.2020 EXHIBIT P21 TRUE COPY OF THE GOVERNMENT OF KERALA ISSUED GOVERNMENT ORDER NO 261/2020 DTAED 24.10.2020 RESPONDENTS' EXHIBITS:
ANNEXURE-R2(A) TRUE COPY OF THE GOVERNMENT ORDER No.GO (MS) 36/07/F&WLD DATED 11.06.2007 ANNEXURE-R2(B) TRUE COPY OF THE MAP OF THE PROPOSED ECO SENSITIVE ZONE ANNEXURE-R2(C) TRUE COPY OF THE GOOGLE DISTANCE MAP SHOWING THE DISPUTED LAND FALLS WELL WITHIN THE 10KM BOUNDARY OF THE SILENT VALLEY NATIONAL PARK ANNEXURE-R2(D) TRUE COPY OF THE LETTER NO.F.No.11-
63/2012-FC(Pt.) DATED 29.09.2016.
W.P.(C) Nos.26919 & 28696 of 2019 : 28 : APPENDIX OF WP(C) 28696/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 COPY OF THE LAND TAX RECEIPT DATED 4.7.2018 EXHIBIT P2 COPY OF THE RELEVANT PAGES OF THE A & B REGISTER SHOWING THE NATURE OF THE PROPERTY OF THE PETITIONERS EXHIBIT P3 COPY OF THE PURCHASE CERTIFICATE DATED 30.3.1971.
EXHIBIT P4 COPY OF THE REPLY LETTER DATED
10.8.2017 SEND BY THE 2ND RESPONDENT
EXHIBIT P5 COPY OF THE APPLICATION FOR
TRANSPORTATION BEFORE THE 3RD
RESPONDENT DATED 31.7.2018
EXHIBIT P6 COPY OF THE LETTER DATED 08.09.2018
EXHIBIT P7 COPY OF THE ORDER GO(MS)
NO.36/07/F&WLD DATED 11.6.2007
EXHIBIT P8 COPY OF THE NOTIFICATION
EXHIBIT P9 COPY OF THE JUDGMENT IN WP(C) NO.
32483/18 DATED 10.4.2019
EXHIBIT P10 COPIES OF THE APPEAL MEMORANDUM DATED
4.7.2019
EXHIBIT P11 COPIES OF THE APPEAL MEMORANDUM DATED
4.7.2019
EXHIBIT P12 COPY OF THE ORDER NO SVI-5162/18
DATED 5.8.2019
EXHIBIT P8(A) TRUE COPY OF THE NOTIFICATION NO. GO
(MS) NO.36/07/F& WLD DATED 11.06.2007 W.P.(C) Nos.26919 & 28696 of 2019 : 29 : EXHIBIT P-15 TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVORONMENT, FOREST AND CLIMATE CHANGE DATED 6/01/2016 EXHIBIT P-16 TRUE COPY OF THE NOTIFICATION ISSUED BYTHE MINISTRY OF ENVIORNMENT, FOREST AND CLIMATE CHANGE DATED 27/10/2020 EXHIBIT P-17 TRUE COPY OF THE GOVERNMENT OF KERALA ISSUED GOVERNMENT ORDER NO.261/2020 DATED 24/10/2020 RESPONDENTS' EXHIBITS:
ANNEXURE-R2(a) TRUE COPY OF THE GOVERNMENT ORDER No.GO (MS) 36/07/F&WLD DATED 11.06.2007 ANNEXURE-R2(b) TRUE COPY OF THE MAP OF THE PROPOSED ECO SENSITIVE ZONE ANNEXURE-R2(c) TRUE COPY OF THE GOOGLE MAP SHOWING THE DISPUTED LAND FALLS WELL WITHIN THE 10KM BOUNDARY OF THE SILENT VALLEY NATIONAL PARK.
ANNEXURE-R2(d) TRUE COPY OF THE LETTER No.F.No.11- 63/2012-FC(Pt.) DATED 29.09.2016 SR