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This water also brought huge quantities of debris along with it. The narrow Foot Over Bridge (FOB) at Pamba having low height with closely arranged pillars was blocked due to the incoming debris. This caused the river to over flow above the bridge level and in its course destroyed constructions made along the river bed, depositing debris all along its bank. The Foot Over Bridge was fully covered under several meters of sand / silt / debris (debris). The connectivity between Pamba and Sannidhanam was totally cut-off due to this deposit of debris. Post flood emergency relief works like clearing the debris and restoring the connectivity across river Pamba was entrusted to M/s. Tata Projects Limited (M/s.TPL) by the Government. The Government convened a high level meeting on 13.10.2018, in which several decisions were taken for facilitating the sabarimala pilgrim season starting in November. Accordingly, the Forest Department was directed to make site available for dumping the sand / debris being removed from Pamba and also to secure Government of India approval for disposing these materials for public purpose / tender. The copy of the minutes of the meeting dated 13.10.2018 is attached as Annexure-R 1 (1). Accordingly, the Principal Chief Conservator of Forests, vide letter No.FC2/ 63200/2018 dated 13/12/2018, requested the Additional Principal Chief Conservator of Forests (Central), MoEF&CC, Regional Office, Bangalore to grant permission for immediate removal of sand collected and deposited in Pamba-Triveni, after the pilgrim season and before the onset of the monsoon, so that it does not get washed down again into the river. It was specifically informed that the permission is not sought for mining of sand but for the removal of the sand already collected and dumped which is hazard, as it may aggravate the flooding in the next monsoon season. A copy of the letter is attached as Annexure-R 1(2). The Government of India, vide Letter F.No. 8-2/2019-FC dated 26.02.2019, granted one-time permission under the Forest (Conservation) Act, 1980, for the removal of sand and silt accumulated at Pamba - Triveni in 2018 floods. A copy of this Order is attached as Annexure-R 1(3). On request from Forest Department, the National Centre for Earth Science Studies (NCESS) conducted a rapid survey of the material accumulated during the flood. National Centre for Earth Science Studies reported that a total quantity of 1,20,240 M3 of sand, gravel, cobbles and other deposits were available at Thriveni - Chakkupallam - Kakki portion. The sand, silt and debris at Pamba - Triveni collected by M/s.TPL were deposited at places such as Chakkupalam in front of the Inspection Bungalow, Hill Top Station, Chakkupalam main road side, etc. The initial estimation of the quantity of such material deposited was about 90,000 M3. In pursuance to the permission from the Government of India, the State Government issued G.O.(Rt.)No. 48/2019/F&WLD, dated 06/02/2019 which is produced as Annexure-R 1(4), allotting a part of this materials to Travancore Devaswom Board (TDB) and permitting the remaining to be disposed in auction. Subsequently, vide G.O.(Rt.) No.169/2019/F&WLD, dated 13.05.2019, Government directed the Travancore Devaswom Board to remove 20,000 M3 of sand immediately (Annexure -R 1(5)). The Forest Department had conducted 12 e-auctions for the bulk sales using the MSTC platform, but three lots having a total of 3,000 M3 alone could be sold. The Department had also transported 1,000 M3 of sand to Areekakavu Depot along the periphery of the forests for auction to the retail users. The e-auction attempts for the retail sale also did not attract much interest. On the other hand, the Travancore Devaswom Board removed only 2287.1 M3 sand even though they were allotted 20,000 M3, free of cost. In spite of best efforts taken by forest department so far, only less than 10% of the sand / debris deposited by M/s.TPL within the forest area in and around Pamba could be removed. Over the past two years, this material which was continuously exposed to sun and rain got compacted and has got reasonably stabilized. Subsequently, on the request of the Forest Department, National Centre for Earth Science Studies assessed the quality of the materials cleared and dumped by M/s.TPL. According to their report in May 2020, this material dumped at Chakkupalam is described as "cobbles, pebbles, sand, soil, organic and construction debris". Materials dumped at Hill Top Station is also a mix of cobbles, pebbles, organic and construction debris and sand. The study also reported that the materials dumped by M/S.TPL at Chakkupalam and Hill Top areas can only be considered as debris accumulated during the flood, which cannot be considered as saleable sand. While these efforts were being made by the Forest Department, the District Collector & the Chairman District Disaster Management Authority, Pathanamthitta (DDMA), issued Orders on 18.05.2019 (Annexure - R1(6)), stating the direction of Chief Secretary in the Video Conference dated 05.05.2019 to the effect that the sand deposited at Pamba which could not be removed by Forest Department is a potential hazard during the forthcoming monsoon and that the same has to be kept safely. In view of this, the District Disaster Management Authority was directed to take an early decision on this. As per this Order of the Chairman, District Disaster Management Authority, the Travancore Devaswom Board was directed to remove and safely keep 20,000 M3 of sand accumulated near Arattukadavu (not from the material deposited by M/s.TPL) and this work was also directed to be completed before 25.05.2019. As per this Order, Travancore Devaswom Board started collecting sand deposited within the river / on the river banks, which was not covered under the permission granted by the Government of India. Therefore, this was objected to by the Forest Department. The Travancore Devaswom Board raised their objections before the State Government which was explained and the matter was not pursued by them. The State Government had constituted a Committee under the Chairmanship of Chief Secretary with Additional Chief Secretary (Water Resources), Additional Chief Secretary (Local Self Government Department), Additional Chief Secretary (Forests and Wildlife), Principal Secretary (Revenue), Principal Secretary (Environment) and the Director (Mining & Geology) as members, in order to look into matters relating to dredging of rivers. The Committee in its meeting held on 07.11.2019 decided to entrust respective District Collectors to conduct de-silting and removal of debris in flood affected rivers in the context of the massive floods that happened in 2018 and 2019. The State Government, vide G.O.(Rt.)No.3880/2019/RD dated 24.12.2019, took the stand that as per Section 24, 34 of the Disaster Management Act, 2005, State Disaster Management Executive Committee and District Disaster Management Authority can take necessary steps to remove debris, conduct search and carry out operations. With regard to the authority of Section 33 of the Disaster Management Act, 2005, the Hon'ble High Court, Uttarakhand, in W.P (C) No.93/2015 has ordered that "if the drudging is undertaken for the purpose of maintaining water bodies, no clearance of Ministry of Environment & Forest is required". As per Section 72 of the Disaster Management Act,2005, this Act overrides the other Acts. The Government also accorded sanction to all District Collectors for removing silt and the debris in flood affected rivers, as an immediate measure to accommodate flood waters and to utilize the capacity of river channels. The District Collectors were also given the liberty to dispose of the silt and the debris in the appropriate manner (Annexure - R1(7)). The Chairman, District Disaster Management Authority, Pathanamthitta, vide DCPTA 454/2018/DM3, dated 15.05.2020, issued Orders, invoking Section 34 (d) of the Disaster Management Act, 2005, for removal of 75,000 M3 of sand, silt, plastic and other debris, from Pamba - Triveni by M/s.Kerala Clays and Ceramic Products Limited, Kannur (M/s.KCCPL), subject to the conditions, inter alia, that they should obtain necessary permission / pass from the Departments concerned. It was also specified therein that the work should be completed before 30.06.2020 and if, any land has to be used along the Pamba River for storing and processing the materials, necessary permission will be facilitated. The above Order is seen to have been issued on the assessment made by the Chairman, District Disaster Management Authority, that it is necessary to restore the natural flow of the river, enhance its storage capacity and for avoiding chances of flood (Annexure - R1(8)). The Forest Department made its own internal assessment of the situation and felt it necessary to keep 300 M stretch between Triveni Bridge and the confluence of Njunangar, clear of any debris, so as to reduce the chance of flood related damage. Vide FC2-61898/18, dated 22.05.2020, PCCF has made recommendation to the State Government, to permit M/s. KCCPL to remove the balance quantity of the debris deposited by M/s.TPL and also approximately 500 M3 of sand / debris from Pamba River. Accordingly, Government, vide letter No.C2/4712020/F&WLD, dated 02.06.2020, permitted the agency fixed by District Collector to remove the material, collected and dumped by M/s.TPL, if the Order of the District Collector specify that this material need to be removed to avoid a disaster during the monsoon (Annexure - R1(9)). It was also informed that if the DDMA is of the view that sand is to be removed from the river bed, other than what is collected by M/s.TPL, the same should be deposited at sites identified by the Forest Department, within the forests, and it can be transported outside the forests after obtaining approval under the Forest (Conservation) Act, 1980. In the meanwhile, District Collector and Chairman of District Disaster Management Authority, vide his Order No.DCPTA-455/2018/DM3 dated 30.05.2020, invoking Section 34 (d) of the Act, issued orders to the effect that the sand, silt etc. accumulated, along the 2290 M stretch from the Valiyanavattom Vented Cross Bar (VCB) to KSRTC Vented Cross Bar (VCB), and assessed as 1,28,193 M3, be removed and taken out by M/s.KCCPL so as to restore the natural flow and improve the water storage capacity. This Order was also subject to condition that it should be completed before 30th June 2020 and if any land is required for processing the material, it will be facilitated. The Chairman District Disaster Management Authority, Pathanamthitta vide his letter No.DCPTA-454/2018/DM, dated 03.06.2020 has informed the DFO, Ranni that in view of the directions from the Additional Chief Secretary (Forests), dated 02.06.2020 he may make necessary arrangements for dumping the sand to be collected from the 2290 M stretch of Pamba from Valiyanavattam Vented Cross Bar to Kerala State Road Transported Corporation Vented Cross Bar (Annexure - R1(11)). As per the orders of Chairman District Disaster Management Authority dated 30.05.2020, a total of 74248.11 M3 of sand and debris has been removed from the Pamba River and in compliance with the Government directions in Annexure 9, it is deposited within the forest area. There is no human habitation nor any man made physical infrastructure over the 18 KM stretch of the Kakki river from Anathode dam to Pamba Triveni. Similarly, on the downstream stretch of 30 KM from Pamba to the outer periphery of the reserved forests, there is no human habitation or infrastructure, except those created for the purpose of Sabarimala pilgrimage. During the heavy rains of August 2018, huge quantity of water was released from the Anathode dam which, along with the rain water accumulated in the downstream of the dam, caused extensive erosion of the river banks including erosion of small hillocks. All these water along with the sand, silt and other debris would have flown down the river but for the block caused by the narrow Foot Over Bridge at Pamba - Triveni. The narrow passage under this Foot Over Bridge was blocked by the uprooted trees and other debris brought down by the flood waters at an early stage of the flood. Because of this blockage, the flood waters took a right turn totally destroying / seriously damaging various pilgrimage related constructions in the river bed / river bank, moved further downwards, changed course and forcefully hit the left bank causing serious erosion there. Blockage of the passage under the Foot Over Bridge resulted in deposit of silt to the extent of several meters in depth. Had the Foot Over Bridge not been blocked, the flood water would have carried the silt / debris load further down and deposited at various Ghats all along its course. Necessary passage across the river was opened by M/s.TPL as part of emergency flood relief work and the materials so collected was deposited within the forests well before the Sabarimala pilgrim season which started in November 2018. Under the direction of the Hon'ble Chief Minister approval of Government of India under the Forest (Conservation) Act was obtained for the removal of this sand / silt to outside the forest area. However, only less than 10% of the quantity so deposited could be removed out of the forests, primarily due to the poor quality of sand which resulted in very poor response for the several rounds of public auctions. The need for transport through the forests by road over a long distance of more than 35 KM also impacted on the response. Using a thumb rule of 5 M3 of sand per truck load would indicate that more than 15,000 trips (about 10.5 lakh KM) have to be made through the dense forests of Ranni division for removing the balance quantity of sand, silt and debris already collected by M/s.TPL. This is likely to heavily pollute the air within these dense natural forests which even otherwise is seriously impacted by the huge number of pilgrims to the Sabarimala temple during the 100 days of darshan. This stretch of the road also seriously suffered during the floods of 2018. The overlap between the movement of sand laden trucks and the pilgrim vehicles will also seriously impact the strength of this road within the forests. The balance quantity of sand, silt and the debris that was deposited in the forests by M/s.TPL for about two years has by now compacted itself and has more or less merged with the forest ecosystem. In view of all the above, it may not have to be removed any more and instead, could be left for further stabilizing at site. Over the last two years, significant part of the debris that was left behind in the river bed and river banks at Pamba - Triveni has already been washed downstream by the flowing water and the remaining quantity has also got partially stabilized. Heavy rainfall was predicted during the 2020 monsoon especially the south-west monsoon, which will soon come to an end at that time. In view of the experiences of 2018 and 2019 floods, the narrow Foot OB has to be always kept clear of any debris, atleast for 300 M upstream and downstream. The Chairman District Disaster Management Authority had ordered removal of 75000 M3 of sand / silt / debris from the river at Pamba - Triveni. Even when the order of the Chairman District Disaster Management Authority was to remove the material and transport it only with the due permissions, M/s KCCPL, the agency, was trying to transport it outside the forests without approval under the Forest (Conservation) Act. While the interpretation of the Chairman, District Disaster Management Authority that the removal of material from the course of the river so as to avoid the disaster is within the purview of Section 34 (d) of the Act, the interpretation that this section also empowers him to order its removal to outside the reserved forests is well outside its purview. Such removals will attract the provisions of the Forest (Conservation) Act which is endorsed by the State Government and the Ministry of Environment, Forest and Climate Change in this case itself. In view of this, the Government in the Forest Department has issued direction vide letter No.C2/47/2020-FWLD dated 02.06.2020 that only the material collected immediately after the flood and deposited in the forests, for which the clearance under the Forest (Conservation) Act is issued should be removed outside the forests. This has been complied with, except for the 49.5 M3 that was removed on the orders of the Chairman, DDMA and under Police protection. Based on the orders of the Chairman, District Disaster Management Authority a total of 74248.11 M3 of sand, silt and the debris have been removed from the 2290 meter stretch of the river and it is dumped inside the forests at sites identified by the Forest Department. If the disaster risk caused by this debris was assessed in advance and informed to the Forest Department, early action for permission under the Forest (Conservation) Act would have been taken. The District Collector's specific report also proved that no forest produce has been removed in the exercise of removing the debris. Only the sand, mud, silt, clay, plastic waste, cloth waste etc., were accumulated and that have to be removed urgently in view of the upcoming pilgrim season in Sabarimala during which lakhs of people visit the shrine. Also the State has witnessed huge floods during the past two years and this has increased the debris to a huge extent which had to be immediately removed for the ensuing pilgrimage at that time and also to avoid intensity of floods in future. The Forest Department, as demonstrated in this case itself, could have facilitated all the operations related to reducing the disaster risk as per the existing provisions of Forest Conservation Act, but section 34(d) of Disaster Management Act 2005 has to be enforced which reads as "For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may ..... (d) remove debris, conduct search and carry out rescue operations". Since debris removal operations had to be done on a war footing basis to facilitate smooth pilgrimage as stated above and to avoid further floods, the above section had to be invoked. The activities in the above area as stated above, including the visit of the Chief Secretary and the State Police Chief, was only to monitor the progress of the above work and to enforce and ensure completeness of the same before the fast approaching pilgrimage season and to avoid further flooding as stated above. There was no intention to violate any provisions of Forest (Conservation) Act, 1980. The Disaster Management Act which is having overriding effect on any other Acts in force had to be invoked in view of the exigency to avert future floods and was done in good faith. They prayed for accepting their contentions and to pass appropriate orders.

10. It is submitted that such removals will definitely attract the relevant provisions of the Forest (Conservation) Act, in view of this, the Government in the Forest Department has issued directions that only the material collected immediately after the flood and deposited in the forests for which the clearance under the Forest (Conservation) Act is issued should be removed outside the forests. This has been complied with, except for the 49.5 M that was removed on the orders of the Chairman, DDMA and under Police protection.

19. It is further contended that the reply from the Ministry of Law and Justice, in this regard, is awaited. Copy of the letter dated 23.09.2021 sent by them attached as Annexure A1. The 8th Respondent reserved their right to file additional affidavit before the Hon'ble Tribunal, if required till Pendent elite.

20. The learned counsel appearing for the Forest Department filed a statement contending that the above statement was filed as directed by this Tribunal by order dated 15.09.2021. During the flood disaster in Kerala 2018, flash floods occurred in Pamba river passing through the Pamba - Triveni area of Sabarimala during August, 2018. Consequently, huge quantity of sand and silt accumulated at Pamba - Triveni area submerging many infrastructures including two bridges in the said area. As part of the emergency relief operations to restore the connectivity between Pamba and Sannidhanam, Government had engaged M/s. Tata Projects Limited during September- October 2018. The quantity of sand and silt collected and deposited in the above places by TPL was about 90,000 M3 and TPL, themselves arranged for the protection of this sand and silt by paving sand