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 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, 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 .

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

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 rAnge and included in Udumbanchola

Taluk – Konnathadi village, within the limit of

Range and included in Udumb anchola Talum –

Sailentvally, Chinnakanal, , 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)