Disposed

Muneer M v. State of Kerala

Kerala HC2 Dec 2020WP(C)/19252/2020

Case brief

AI extract

What is this about?

This public interest writ petition sought directions to declare Chakkuvally Chira as a buffer zone and prevent pollution. The High Court directed the panchayats to consider petitioner representations on preservation guidelines and to take comprehensive decisions preventing commercial activities within 300 meters.

What did the court decide?

Directed respondents to consider representations and form a comprehensive decision by convening a joint meeting within two months to establish buffer zones and prevent pollution.

Muneer M Vs State of Kerala — Environment and Pollution | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942

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WP(C).No.19252 OF 2020(S)

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PETITIONER:

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MUNEER M AGED 50 YEARS

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S/O. MUHAMMED, MADATHIL HOUSE, PORUVAZHY P.O, KOLLAM 690520, CONVENER, CHAKKUVALLY SHUDHAJALA CHIRA SAMRAKSHANA ACTION COUNCIL, PORUVAZHI, SOORANADU SOUTH, SOORANADU NORTH PANCHAYATH, KOLLAM-690 522

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BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

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RESPONDENTS:

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1 STATE OF KERALA

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REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-01.

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2 DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-681 013

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3 DIRECTOR, DIRECTORATE OF PANCHAYATH, MUSEUM P.O, THIRUVANANTHAPURAM-01.

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4 DISTRICT OFFICER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM-691 001

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5 KOLLAM JILLA PANCHAYATH,

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REP. BY ITS SECRETARY, KOLLAM-691 001

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6 PORUVAZHY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PORUVAZHY P.O, KOLLAM-680 520

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7 SOORANADU SOUTH GRAMA PANCHAYATH,

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REP. BY ITS SECRETARY, PATHARAM P.O, KOLLAM-690 522

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WP(C).No.19252 OF 2020(S)

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SRI.ARAVIND KUMAR BABU, SENIOR GOVERNMENT PLEADER FOR R1 TO R3, SRI.T.NAVEEN, STANDING COUNSEL FOR R4, SRI.M.H.HANILKUMAR FOR R6 SRI.M.A.SARITH FOR R7

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19252 OF 2020(S)

JUDGMENT

S.MANIKUMAR,CJ

Petitioner claims to be the Chairman of Chakkuvally Shudha Jala Chira Samrakshana Action Council. According to the petitioner, Chakkuvally Chira, a lake, situated around 15 hecters of land spread over two Panchayaths viz., the Poruvazhy Grama Panchayath, Kollam, 6^th respondent and the Sooranadu South Grama Panchayat, Kollam, 7^th respondent. The people residing in the nearby area of the said lake are using water for their domestic purpose and for several years, they are demanding allocation of funds for the preservation of this water body.

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According to the petitioner, for the purpose of protection and preservation of Chakkuvally Chira, petitioner had approached the authorities and at the intervention of the District Panchayat, Kollam, funds were allocated and in certain areas, boundary walls were constructed and shutters were installed. The above stated water body is the life line of fifty thousand families located around the lake. Even during summer season also it is because of the existence of this lake, the people are getting drinking water in their domestic

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WP(C).No.19252 OF 2020(S)

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wells and number of families are using water for their domestic purposes. Hence, petitioner submitted that, respondent is duty bound to take necessary action, and Chakkuvally chira shall be declared as buffer zone to protect the water body as in the case of Ext.P2 order dated 24.8.2019 issued by the District Collector, Kollam, 2^nd respondent, to protect Sasthamcotta lake.

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Petitioner has submitted Ext.P3 representation before the District Collector, Kollam, for declaring the 300 meters around Chakkuvally chira as buffer zone catchment area; that no activities causing pollution be permitted in the area and also to protect the Chakkuvally chira as a source of water to the people in the area. Petitioner has also submitted Ext.P11 representation to the Secretary, Poruvazhy Grama panchayat, Kollam, 6^th respondent, with regard to the non-implementation of the guidelines issued by the Ministry of Environment and Forest, New Delhi and Ext.P12 representation to the Secretary, Sooranadu Grama Panchayat, Kollam, 7^th respondent, seeking the very same relief. It is in the above said background, petitioner has filed this public interest writ petition for the following prayers:

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i) Call for the records, leading to Exts.P1 to P6 and issue a writ or appropriate direction to the 2^nd respondent to declare a buffer zone of chakkuvally chira to prevent activities causing pollution and destruction of the water body.

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ii) Issue a writ or appropriate direction to the 6^th & 7^th respondents to take appropriate decision to prevent any kind of commercial activities within a radius

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WP(C).No.19252 OF 2020(S)

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of 300 meters from the boundary of the chakkuvally chira.

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iii)Issue a writ or appropriate direction to 4^th respondent pollution control board not to issue consent to any commercial activities which may contaminate the soil and subsequent flowing of pollutants along with water from the area to the chakkuvally chira.

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On the prayers sought for, inviting the guidelines issued by the Ministry of Environment & Forests, New Delhi, in particular to clause 4.0, which deals with identification of lake boundary, Mr.Viony Varghese Kallummoottil, learned counsel for petitioner submitted that;

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(a) The State Government/local Administration is to take necessary steps for declaring the lake boundary through a Government order. The lake boundary is to be decided in relation to the lake submergence area at its full tank level.

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(b) The local administration/local body is to take all necessary steps to ensure removal of encroachments if any in the lake submergence area/lake boundary. A commitment to this effect to be furnished by the concerned state authorities before the consideration of the proposal.

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(c) The project proponents to consider for notifying the 'Establishment of a Bio-conservation Zone' around the water body for better safe guard of the lake surroundings from the growing pollution potential and the encroachments.

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5. Though the petitioner has sought for a larger prayers, stated supra,

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learned counsel for petitioner submitted that petitioner would be satisfied, if

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WP(C).No.19252 OF 2020(S)

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Exts.P11 & P12 representations are considered with reference to the guidelines stated supra.

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Mr.M.H.Hanil Kumar and Mr.M.A.Sarith, learned standing counsel appearing for 6^th and 7^th respondents respectively, submitted that sufficient funds are available with Kollam District Panchayat for the works to be undertaken.

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Heard learned counsel for parties and perused the pleadings and materials on record.

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Service on respondent No.5, Kollam Jilla Panchayath, Kollam, and respondent No.7, Sooranadu South Grama Panchayath, Kollam, respectively, are completed.

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As no adverse orders are passed against any respondents except consideration of Exts.P11 & P12 representations, we direct respondent Nos.6 & 7 to consider Exts.P11 & P12 representations submitted to them, taking note of the guidelines for National Lake Conservation Plan and with reference to the the statutory provisions of the Kerala Panchayat Raj Act, 1994. For the above said purpose, we direct the Kollam Jilla Panchayat, represented by its Secretary, respondent No.5, to convene a joint meeting of respondent Nos.6 & 7 so as to enable them to take a comprehensive decision on the representations submitted to them, within two months from the date of receipt of a copy of this judgment.

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WP(C).No.19252 OF 2020(S)

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Writ petition is disposed of accordingly.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

smv

WP(C).No.19252 OF 2020(S)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOGRAPH OF THE CHAKKUVALLY CHIRA.
EXHIBIT P1 A	TRUE COPY OF THE ENGLISH TRANSLATION IN THE HEADING OF EXHIBIT P1 PHOTOGRAPH.
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 24.8.2019 ISSUED BY THE DISTRICT COLLECTOR KOLLAM WITH RESPECT TO SASTHAMCOTTA LAKE.
EXHIBIT P2 A	TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P2.
EXHIBIT P3 EXHIBIT P3A	TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 20.08.2020 TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT-P3
EXHIBIT P4	TRUE COPY OF A FIELD SKETCH OF THE WATER BODY OBTAINED FROM VILLAGE OFFICE PORUVAZHY.
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 6TH RESPONDENT DATED 20.08.2020.
EXHIBIT P5 A	TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P5.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 7TH RESPONDENT DATED 20.08.2020.
EXHIBIT P6 A	TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P6.
EXHIBIT P7	TRUE COPY OF THE GUIDELINE FOR NATIONAL LAKE CONVERSATION PLAN
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION BEFORE THE CHIEF SECRETARY TO GOVERNMENT ALONG WITH RECEIPTS
EXHIBIT P9 EXHIBIT P10	TRUE COPY OF THE REPRESENTATION BEFORE THE REVENUE DEPARTMENT ALONG WITH RECEIPTS TRUE COPY OF THE REPRESENTATION BEFORE THE

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DISTRICT COLLECTOR ALONG WITH RECEIPTS

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EXHIBIT P11 TRUE COPY OF THE REPRESENTION BEFORE THE 6TH RESPONDENT GRAMA PANCHAYATH ALONG WITH RECEIPTS

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EXHIBIT P12 TRUE COPY OF THE REPRESENTATION BEFORE THE 7TH RESPONDENT GRAMA PANCHAYATH ALONG WITH RECEIPTS

Muneer M v. State of Kerala

Case brief

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Muneer M v. State of Kerala

Case brief

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