National Green Tribunal
National Green Tribunal Southern Zone vs Chief Secretary Of Kerala on 2 June, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 75 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
based on the News Item in Hindu
Newspaper dated 30.05.2020,"Kerala Forest
"Department told to permit sand removal from pampa".
...Applicant(s)
With
The Chief Secretary of Kerala,
Thiruvananthapupram, Kerala and others. .
....Respondent(s)
Date of hearing: 02.06.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. E.K. Kumaresan for R 1 to 7.
ORDER
1. The above case has been Suo Motu registered by this Tribunal on 1 the basis of the paper report published in the daily The Hindu - News paper dated 30.05.2020 under the caption "Kerala Forest Department told to permit sand removal from Pampa"
and also another news paper report reported in Malayalam Manorama daily dated 31.05.2020 under the caption "ത്രിവേണിയിൽ നിന്ന് മണൽനീക്കം രുടങ്ങി; അറിയിപ്പ് കിട്ടിയില്ലെന്നു േനംേകുപ്പ്"
2. It is seen from the report that in the guise of using the provisions of National Disaster Management Act, State of Kerala is trying to do in stream mining in the guise of desilting without getting any necessary clearances from the Forest Department.
3. It is also seen from the report that it was being done at the instance of the then Chief Secretary and the Additional Chief Secretary and State Police Chief in the presence of District Collector, Pathanamthitta and certain directions have been given to remove sand with police protection to be transported to Kerala Clays and Ceramic Products Limited (KCCPL), which is functioning in Kannur.
4. It is also brought to our notice that during last year, when similar situation happened for removal of sand and silt accumulated in river Pampa, Sabarimala at Kerala, permission was sought from Ministry of Environment, Forest and Climate Change (MoEF&CC) 2 and Forest Advisory Committee had cleared the same by their order No. F No.3/10/9-FC dated 26.02.2019 Under Section 2 of Forest Conservation Act, with some conditions.
5. Considering the fact that monsoon is approaching soon and the Government may anticipate over flow of rivers due to rain during monsoon, we don't want to stop the normal work of desilting of the rivers under the precautionary principle to avoid flood in the State.
6. But at the same time we are satisfied that there arises a substantial question of environment which requires interference of this Tribunal to resolve the issue.
7. When the matter came up for hearing on admission today through Video Conference, Sri. E.K. Kumaresan entered appearance for respondents 1 to 7. We admitted the matter. Before proceeding further, we feel it appropriate to appoint a Joint Committee comprising of a Senior Officer of Regional Office, Ministry of Environment, Forest and Climate Change (MoEF & CC), Bangalore, a Senior Officer not below the rank of Chief Conservator of Forest deputed by the Principle Chief Conservator of Forest and Head of Forest Force, the Chief Wild Life Warden, the District Collector, Pathanamthitta, a Senior Officer from Department of Mining and Geology, Member Secretary, State Disaster Management Authority, Kerala and the Divisional Forest Officer Pathanamthitta to enquire into the issue and considering it seriousness submit a factual and 3 action taken report, if there is any violation found including imposition of environmental compensation.
8. The Regional Office, Ministry of Environment, Forest and Climate Change (MoEF & CC) will act as nodal agency for co-ordination and for providing all necessary logistics for this purpose.
9. The committee is directed to submit the report to this Tribunal within a period of two months through e-mail or e-filing @ [email protected]. In the meantime state respondents are directed to file their independent responses as well regarding the circumstances under which the National Disaster Management Act, has been invoked for the purpose of desilting and circumstances which led to take such an immediate action without following the necessary procedure before the next hearing date apart from co- ordinating with the committee in submitting the joint report.
10. The committee shall also go into the question as to whether any study has been done as to how much sand will have to be removed for the purpose of meeting the requirement of free flow of water during monsoon, in case of anticipated flood before making the in stream desilting.
11. The Registry is directed to communicate this order to the respondents including the committee members along with the 4 copy of the paper report immediately through e-mail so as to enable them to comply with the direction of this Tribunal.
12. For consideration of report and also for filing independent responses by the official respondents so as to consider the real picture and proper disposal of the case post on 10.08.2020.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Saibal Dasgupta) O.A. No.75/2020, 02nd June, 2020.
Sr. 5