National Green Tribunal
Sunitha vs Union Of India Ministry Of Environment ... on 2 February, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No. 09(i) & (ii):
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 105 of 2022 (SZ)&
I.A. No. 176/2022(SZ)
&
Original Application No. 122 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF
Sunitha, Kerala
...Applicant(s)
Versus
Union of India & ors.
...Respondent(s)
And
Ajitha, Alappuzha District
...Applicant(s)
Versus
Union of India & ors.
...Respondent(s)
Date of hearing: 02.02.2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. Nos. 105/2022(SZ)
For Applicant(s): Mr. Harish Vasudevan
For Respondent(s): Mr. G. Vignesh for Mr. E.K. Kumaresan for R2 to
R4, R6.
Ms. V.K. Rema Smrithi for R8
Ms. Anukriti Anand for R5
Mr. S. Sarvanan for Ms. Vidyalakshmi Vipin for R7.
O.A. Nos. 122/2022(SZ)
For Applicant(s): Mr. Sai Sathya Jith.
For Respondent(s): Mr. G. Vignesh for Mr. E.K. Kumaresan for R2 to
R4.
1
Mr. S. Sarvanan for Ms. Vidyalakshmi Vipin for
R6.
Ms. V.K. Rema Smrithi for R7.
ORDER
1. Heard the Learned Counsels.
2. This is regarding the demolition of the Kapico resort in Kerala. The contentions of the applicants are that the demolition which was ordered by the Hon'ble Supreme Court is not carried out in the manner known to law. It is stated that it is a critical vulnerable coastal area and the unscientific demolition will have adverse impact on the coastal area. Even the Coastal Regulation Zone mandates enough precaution to be taken before any demolition action. In this regard, though in the year 2014, there was a demolition plan by the PWD which was scrutinised by the High Level Committee and it was acted upon.
3. Subsequently, there was a demolition plan prepared by the project proponent which was approved by the Village Secretary, Panavally as has been stated by the Pollution Control Board in its report. While so, as mentioned above, being vulnerable coastal area the Kerala State Coastal Zone Management Authority has to approve the demolition plan. Till date no such plan has been either applied for or obtained.
4. In the meanwhile there was a Contempt Petition No. 43 of 2022 was filed before the Hon'ble Supreme Court which was originally listed on 21.08.2022. This had triggered a meeting of the State Authorities and it was 2 decided to proceed with the demolition. As the demolition is being done unscientifically, the applicants are before us complaining that without statutory approvals including Environment Management Plan the demolition is happening.
5. It is also admitted by the Learned Counsel for the State of Kerala that as on date they have not obtained the approval from the Kerala State Coastal Zone Management Authority. The Learned Counsel appearing for the applicant would submit that the demolition as such cannot be proceeded with unless they get the appropriate approval from the authorities concerned as per law while dealing with the vulnerable coastal area.
6. A copy of the counter filed by the State of Kerala before the Hon'ble Supreme Court is not filed before us. It is made clear that the State of Kerala to mention before the Hon'ble Supreme Court that they are unable to secure required approvals under environmental laws prior to proceeding with the demolition. Since, the contempt petition is listed before the Hon'ble Supreme Court on 21.02.2023, let the matter be listed only after 21.02.2023.
7. Post the matter on 28.02.2023.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 105/2022(SZ)& I.A. NO.176/2022(SZ)& O.A. No. 122/2022(SZ) 2nd February, 2023. (AM) 3