Abdulla Kunhamu v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 27136 of 2014 (S) PETITIONER(S):
---------------------- ABDULLA KUNHAMU, AGED 59 YEARS S/O.KUNHAMU MOIDEENKUTTY, KALLATRA HOUSE KIZHUR PADINHAR, KALNAD, KASARAGOD CHANDRIGIRI, KERALA-671317.
BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S):
-------------------------
1. THE DISTRICT COLLECTOR, KASARAGOD-671121.
2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.
3. THE EXECUTIVE ENGINEER, KASARAGOD DIVISION HARBOUR ENGINEERING CLOCK TOWER JUNCTION, NEAR RAILWAY STATION KASARAGOD-671121.
4. THE CHANDRAGIRI - KEEZHUR KADAPPURAM POOZHI THOZHILALI CO-OPERATIVE SOCIETY LTD., KEEZHUR KADAPPURAM, P.O.CHANDRAGIRI-671317, KALANAD KEEZHUR, KASARAGOD DISTRICT REPRESENTED BY ITS SECRETARY.
5. THE CHANDRAGIRI GRAMA PANCHAYATH, CHANDRAGIRI, REPRESENTED BY ITS SECRETARY KASARAGOD DISTRICT-671317.
6. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, PALAKKAD DIVISION, OLAVAKKODE-678002, PALAKKAD.
PJ ....2/-
..2..
WP(C).No. 27136 of 2014 (S)
7. THE CHAMNAD GRAMA PANCHAYAT, CHAMNAD, KASARAGOD-671317 REPRESENTED BY ITS SECRETARY.
R1-R3 BY SEPCIAL GOVERNMENT PLEADER SMT.GIRIJA GOPAL R4 BY ADVS. SRI.A.BALAGOPALAN SRI.M.S.IMTHIYAZ AHAMMED R6 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, ALONG WITH WPC. 32524/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 27136 of 2014 (S) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
COPY OF THE NEWS ITEM PUBLISHED IN MADHYAMAM DAILY DATED 9.6.2014.
P1(A): TRUE ENGLISH TRANSLATION OF EXT.P1.
P2:
COPY OF THE COMPLAINT SUBMITTED BEFORE THE HON'BLE STATE MINISTER FOR RAILWAYS.
P3:
COPY OF THE COMPLAINT SUBMITTED BEFORE THE RAILWAY DIVISIONAL MANAGER, PALAKKAD.
P4:
COPY OF THE REPRESENTATION SUBMITTED BY THE RESIDENTS OF THE KEEZHUR AREA WHO ARE MEMBERES OF PARISTHTI SAMRAKSHANA SAMITHI, KEEZHUR.
P5:
COPY OF THE RELEVANT EXTRACTS FROM THE COASTAL REGULATIONS NOTIFICATION PUBLISHED IN THE GAZETTE DATED 6.1.2011. RESPONDENT(S)' EXHIBITS --------------------------------------- R3(A): COPY OF G.O.(MS)NO.208/08AD DAETD 12/12/08 R3(B): COPY OF ENVIRONMENTAL CLEARANCE ISSUED FROM MINISTRY OF ENVIRONMENT & FORESTS, GOVERNMENT OF INDIA NO.10-5/2006-IA III DATED 14/7/06 R3(C): COPY OF LAY OUT OF THE HARBOUR.
/ TRUE COPY / P.S. TO JUDGE PJ
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.Nos.27136 & 32524 of 2014 Dated this the 30th day of January 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioners.
2.
These writ petitions have been filed as public interest litigations alleging large scale dredging and removal of sand from confluence area of Chandrigiri river and Arabian sea without obtaining any environmental clearance as per the provisions of Environmental Protection Act, 1986. As per the directions of this Court, a counter affidavit has been filed by the learned Special Government Pleader on behalf of the 3rd respondent in W.P.C.No.27136/2014 which has also been adopted in W.P.C.No.32524/2014 by a memo. Along with the Counter affidavit, order of the Government of India dated 14/07/2006 which is the environmental clearance under the CRZ Notification, 1991 has been
annexed. The said clearance has been granted with certain conditions and protection measures which amply safeguard the protection of environment. Petitioners have come up with the main allegations that without obtaining environmental clearance, extensive mining operations are being carried out. Certain photographs have also been filed along with W.P.C.No.32524/2014. Petitioners have also referred to the judgment in Deepak Kumar v State of Haryana and Others [(2012) 4 SCC 629].
3.
Present is the case where the Government permitted construction of a Fishing Harbour at Kasargod by the Harbour Engineering Department for which environmental clearance was granted. Clearance, having granted under the CRZ notification 1991, we do not find any illegality or irregularity in proceeding the construction work by the respondents. Environmental management plan has also been referred to under which the respondents have to proceed and carry on the project.
4.
The learned counsel for the petitioners further submits that the excavated sand is being sold in an unauthorised manner. No such facts and details have been pleaded in these writ petitions, on the basis of which the said issue can be considered by this Court in this public interest litigation.
We do not find any merit in these two writ petitions and hence the same are dismissed.
(ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (A.M.SHAFFIQUE, JUDGE) jsr