BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 373 of 2013 (SZ) (THC) (W.P. ( C).No. 35078 of 2010, High Court of Kerala at Ernakulam)
BETWEEN
C.V. John @ John Pervanthanam S/o late Varghese Aged 50 years Chemmazhathu House Keerampara P.O. Kothamangalam Applicant
AND
1. The State of Kerala Rep. by its Secretary to Government, Forest Department, Government Secretariat Thiruvanathapuram
2. The Principal Chief Conservator of Forest, Vanasree, Forest Head Quarters, Vazhuthakkad, Thiruvananthapuram
3. The Chief Conservator of Forests (Protection) Vazhuthukode Thiruvananthapuram
4. The Forest Conservator, High Range Forest Circle, S.H. Mount P.O. Kottayam
5. The Divisional Forest Officer, Munnar Respondents
Legal Practitioners for Applicant(s)
M/s Harish Vasudevan and Rajan Vishnu Raj
Legal Practitioners for Respondent(s)
Smt. Suvitha A.S. for R1 to R3 and R5
QUORUM:
HON’BLE JUSTICE DR.P.JYOTHIMANI, JUDICIAL MEMBER HON’BLE PROF.DR.R.NAGENDRAN, EXPERT MEMBER
FINAL ORDER dated 28th May 2015
1. This application is filed for a direction against respondents from cutting
and removing trees from Cardamom Hills Reserve forest area and also
for a direction to the 1st respondent to conduct a detailed enquiry
regarding the said matter.
2. It is the case of the applicant who is an environmental activist and also
a member of Kerala State Wildlife Advisory Board and a winner of
Kerala State Bio-diversity Board Green Award, 2009, that Government
of Kerala has established the Cardamom Hills Reserve Area by issuing
necessary notifications in the Government Gazette dated 24th August
1897. It consists of approximately 15,720 acres of land which
includes meadows and streams.
3. As per the said notification which was subsequently issued by way of
gazette dated 14th May 1987, there is a ban imposed by the Forest
Department fromr cutting or removing trees from the Cardamom Hills
Reserve Area except the trees which are likely to endanger human
existence and the notification also describes the villages which are
within the notified area apart from their boundaries. It is seen that the
Government of Kerala has issued a subsequent notification dated
30.7.2007 encouraging afforestation in the non-forest area by enacting
the Kerala Promotion of Tree Growth in Non Forest Areas
(Amendment) Act 2007.
4. It is the case of the applicant that based on the said enactment dated
May 14, 1987, the wood merchants have started cutting and removing
large number of trees as it has been widely published in the News
papers. It was in those circumstances, the Kerala Forest Protective
Staff Association, submitted a representation dated 14.9.2009 before
the Ministry of Forest, State of Kerala. It was the case of the said
organisation in the representation that the said act is not applicable in
the area of Cardamom Hill Reserve Forest Area. It is with the
connivance of the 3rd respondent namely the Chief Forest Conservator,
Trivandrum, the wood mafia have been cutting and removing large
number of trees from the Cardamom Hill Reserve Forest Area which is
illegal.
5. On the grounds that such indiscriminate cutting of trees would result in
environmental disaster and ecological imbalance, the W.P.No. 35078 of
2009 came to be filed before Hon’ble High Court of Kerala,
which was subsequently transferred to this Tribunal numbered as
Application No.373 of 2013.
6. It is the contention of Mr. Harish Vasudevan, the learned counsel
appearing for the applicant that hitherto the wood mafia in the area
have cut and removed large number of valuable trees and inspite of
representations made, the 1st respondent has not taken any action for
investigating into this affair. He would submit that atleast from now
onwards such cutting and removal of trees should be put to an end in
the interest of environment as green areas are slowly getting converted
into dry patches. However, he is unable to explain to this Tribunal that
in respect of the large number of illegal cutting of trees many criminal
prosecutions have been launched. However a legal opinion was
offered on perusal of the legal position that the cutting of trees was
legal and within the purview of the existing law in the State of Kerala.
7. Further the learned counsel for the 1st respondent would submit that
the prohibition on cutting trees is still on and appropriate action will be
taken against the offenders. She has also given an undertaking on
behalf of the State Government that from now onwards illegal cutting of
trees in the Cardamom Hill Reserve Forest Area will be prevented as
per the direction of the Tribunal. She has also submitted that a suitable
direction may be given to the1st respondent for making proper
investigation about the entire affairs and file a report before this
Tribunal in respect of action taken in this regard.
8. Having heard the learned counsel for the both sides, one indisputable
fact which emerges is that in the Cardamon Hill Forest Reserve Area in
Idukki District, indiscriminating felling of trees is going on and in respect
of it no preventive action has been taken by the Government. There
may be a justification on the part of the Government that the activities
are going on for a long time and survey was done long time ago and
the extent of the prohibited areas are not identifiable. However the fact
remains that under the Act, the schedule includes various villages and
there will not be any problem for the government for identifying the
extent and in any event that cannot be an excuse for allowing such
mass illegal cutting of trees.
9. There is one other fact which has to be recognised, namely, there has
not been any effective management in respect of handling all trees and
also identifying the trees which have to be cut or trees which have to be
preserved. Moreover, the Government has not identified the persons
who have illegally cut and removed the trees so far. Therefore, it is not
possible at this stage to find out the persons who are responsible for
the action and decide on the rectification of the damages which have
already been caused.
10. The schedule under the notification includes the following
villages in the Idukki District.
As per the details published in page 1932 of the
Travancore Government Gazette date 24.8.1897 within
the limits of Kumali Range, included in Udumbanchola
Taluk – Anavilasam, Chakkupallam, Vandanmedu,
Kattappana Ayyappankovi, Pampadumpara, Kakkundal
villages, within the limits of Ayyappankovil Range and
included in Udumbanchola Taluk – Ayyappankovil,
Kattappana, Thankamni, Vathikkudi villages, within the
likits of Adimali rAnge and included in Udumbanchola
Taluk – Konnathadi village, within the limit of Devikulam
Range and included in Udumb anchola Talum –
Sailentvally, Chinnakanal, Rajakkad, Rajakuri, Puppara,
Gandhippara, Chaturangapara, Udumbanchola,
Kalkuntal village.
11. Be that as it may, now that the matter has been brought to the notice
of the Government, it has to take appropriate action in preventing all
the illegal activities atleast from now.
12. A reading of the Kerala Promotion of Tree Growth in Non-Forest Areas
(Management) Act 2007 shows that by necessary implications the
areas which are notified have been excluded. This is strengthened by
the provisions of amendment under Section 6 which reads as follows:-
“Mangrove areas or coffee plantation shall be deemed to be
notified areas” Further under Section 6(6) proviso it is stated
that “if the trees are to be cut and removed from a non-
notified area” Therefore by necessary implications the
notification issued on 14.5.87 which stands valid as on
date, it means that in the notified area of Idukki district, the
trees shall not be cut, uprooted, burnt or destroyed except in
cases where the trees endanger the life or property or is
wind fallen.
13. In such view of the matter we dispose the application with the
following directions:-
i) The respondents shall not allow cutting, uprooting, burning or
destroying of any trees in the above said notified areas unless the
same is permitted as per the notification. This shall be given effect
to forthwith and 1st respondent will ensure strict compliance of the
same.
ii) In respect of the trees which are already cut relating to which
criminal prosecution have been launched, the 1st respondent shall
proceed and continue the criminal prosecution effectively.
iii) The 1st respondent shall conduct a proper investigation on the
cutting of trees ever since the same has occurred till today and
frame a scheme for the future course of action and file the same in
the Registry of this Tribunal within a period of 6 months from today.
iv) The notification is of the year 1987 and therefore there may be
some difficulties in respect of identification of extents. We direct the
respondents to make coordinated effort for the purpose of re
surveying the entire district and identify the extent. This steps shall
be taken expeditiously by the Government in any event within a
period of one year and notify the same and file a copy to the
Registry of this Tribunal.
With the above directions the application stands disposed of.
No cost.
Justice Dr.P.Jyothimani (Judicial Member)
Prof. Dr. R. Nagendran (Expert Member)