News Item Titled "Local Lifeline Nature,S Timeline Varkala Cliffs Threatened by Climate and Human Activities" Appearing in Mongabay Dated 30.10.2024 vs

NGT22 Nov 2024Original Application No. 1320/2024

Case brief

AI extract

What is this about?

This suo-motu original application concerns alleged environmental violations and unauthorized construction threatening Varkala cliffs. The National Green Tribunal applied suo-motu power recognized by the Supreme Court, impleaded relevant authorities, and transferred the matter to the Southern Zonal Bench, Chennai, for further hearing. Compliance with the Environment Protection Act and Biodiversity

What did the court decide?

Order transferring the Original Application to the Southern Zonal Bench, Chennai, for further action and listing.

News Item Titled "Local Lifeline Nature,S Timeline… — Environment and Pollution | NGT (2024)

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Item No. 02

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1320/2024

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News Item titled “Local lifeline nature’s timeline Varkala cliffs threatened by climate and human activities” appearing in Mongabay dated 30.10.2024

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Date of hearing: 22.11.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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ORDER

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This original application is registered suo-motu on the basis of the news item titled “Local lifeline nature’s timeline Varkala cliffs threatened by climate and human activities" appearing in Mongabay dated 30.10.2024.

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The matter relates to the deteriorating condition of the Varkala cliffs in the Thiruvananthapuram district of Kerala. As per the news item, the Varkala Cliffs, a designated national geo-heritage site since 2014, are facing unprecedented threats due to rampant environmental violations and administrative oversight. The 7.5-kilometre stretch of ancient cliffs, dating back 5.3 million years, stands as a testament to geological history but is now at the centre of a conservation crisis due to unchecked development and questionable administrative decisions.

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The news item highlights that the most alarming violation was the controversial step of demolishing part of the cliffs, supposedly to prevent landslides. It states that the Geological Survey of India termed the demolition "shocking" given the site's immense geological and

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geomorphologic significance. Furthermore, it is asserted that the violations extend far beyond this single incident. There has been extensive unauthorized construction along the cliffs, including restaurants, resorts, parking lots, and even a helipad. The Geological Survey of India has explicitly identified these unscientific construction activities and slope modifications as primary factors contributing to slope instability.

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The news item alleges that these developments not only violate the site's heritage status but also directly threaten its structural integrity. The construction activities have particularly damaged the critical top laterite layer of the cliffs, exposing the vulnerable sandstone beneath to accelerated weathering processes. The article asserts that the cliffs serve as crucial aquifers and natural water harvesting systems for coastal communities, host unique biodiversity in their microhabitats, and support underwater reefs essential for local fishing communities. The unauthorized construction and modifications are disrupting these vital ecosystem services. Moreover, the destruction of natural drainage patterns and vegetation cover has made the cliffs prone to erosion and landslides, especially during intense monsoon periods.

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The above matter indicates violation of the provisions of the Environment Protection Act, 1986 and the Biodiversity Act, 2002.

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal

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Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead the following as respondents:

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i. Kerala State Pollution Control Board (KSPCB) , Through its Member Secretary Head Office, Pattom PO, Thiruvananthapuram, Kerala - 695004

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ii. Central Pollution Control Board (CPCB) , Through its Member Secretary

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Address: Parivesh Bhawan, East Arjun Nagar, Delhi-110032

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iii. Geological Survey of India, Through its Director General Address: 27, Jawaharlal Nehru Road, Kolkata- 700016.

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iv. National Center for Earth Sciences, Through its Director National Centre for Earth Science Studies Akkulam, Thiruvananthapuram – 695011, Kerala, India

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v. Kerala Coastal Zone Management Authority, Through its Member Secretary

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Kerala Coastal Zone Management Authority Science & Technology Museum Campus PMG Junction, Vikas Bhavan P.O Thiruvananthapuram – 695033 Kerala, India

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vi. District Magistrate, Thiruvananthapuram

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District Collectorate Civil Station Kudappanankkunnu, Thiruvananthapuram

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Issue notice to the above respondents for filing their response/reply by way of affidavit before the Southern Zonal Bench of the Tribunal at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.

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Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the

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original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.

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List before Southern Zonal Bench at Chennai on 10.01.2025.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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November 22, 2024 Original Application No. 1320/2024 A..

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News Item Titled "Local Lifeline Nature,S Timeline Varkala Cliffs Threatened by Climate and Human Activities" Appearing in Mongabay Dated 30.10.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Local Lifeline Nature,S Timeline Varkala Cliffs Threatened by Climate and Human Activities" Appearing in Mongabay Dated 30.10.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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