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2025 DIGILAW 2660 (KER)

P. P. Rajan S/o K. Kunhikannan v. State of Kerala

2025-10-13

BASANT BALAJI, NITIN JAMDAR

body2025
JUDGMENT : Nitin Jamdar, C.J. 1. This Public Interest Litigation pertains to the destruction of dense mangrove forests in Kunhimangalam Village, Payyanur Taluk, Kannur District. 2. A substantial percentage of the total area of mangrove forests in the State of Kerala is in Kunhimangalam Village limits. Around 30 acres of mangrove forests in the said Village are declared as a reserved forest and are under the jurisdiction of the Forest Department. Resurvey Nos. 81 and 82 of Kunhimangalam Village fall under the Coastal Regulation Zone (CRZ) I A and I B, as per the CRZ Map approved by the National Coastal Zone Management Authority, Ministry of Environment, Forests and Climate Change, Government of India. This area thus has a high degree of protection, with no development activity allowed without the permission of the Ministry of Environment, Forests and Climate Change. 3. The Petitioner approached this Court having noticed the large-scale destruction of thick mangrove forests in Resurvey Nos. 81 and 82 of Kunhimangalam Village by Respondent Nos. 15 and 16, two private individuals. The Petitioner asserted that, despite pointing out the matter and making representations to the Assistant Conservator of Forests, Kannur, no action is taken, and the destruction has been continued. Alleging that all the authorities are turning a blind eye to the rampant destruction in such a highly protected area, the Petitioner sought directions to the Official Respondents to prevent the illegal destruction of mangrove forests by Respondent Nos. 15 and 16 in the area marked as CRZ IA and IB in the approved CRZ Map annexed as Exhibit-P1 to the petition. A declaration was sought that the actions of dumping red earth and building waste in mangrove forests and constructing a road in Resurvey Nos. 81 and 82 in the CRZ-I A and I B area are violative of the CRZ Notification 2019 and the Environment (Protection) Act, 1986 . The Petitioner also prayed for direction to the Respondents to take steps to restore the land to its original position. Notices were issued in the petition, the Respondents have appeared, and the Official Respondents have filed their counter affidavits. 4. We have heard Mr. Mahesh V. Ramakrishnan, learned counsel for the Petitioner, Mr. M.P. Prakash, learned Standing Counsel for Respondent Nos. 10 and 11, Mr. M. Sasindran, learned counsel for Respondent No. 13, and Mr. Nagaraj Narayanan, learned Special Government Pleader. 5. 4. We have heard Mr. Mahesh V. Ramakrishnan, learned counsel for the Petitioner, Mr. M.P. Prakash, learned Standing Counsel for Respondent Nos. 10 and 11, Mr. M. Sasindran, learned counsel for Respondent No. 13, and Mr. Nagaraj Narayanan, learned Special Government Pleader. 5. The Secretary of the Grama Panchayat, Respondent No. 13, has filed a counter affidavit stating that the Panchayat had not granted any permission under the Kerala Panchayat Building Rules, 2019 (Rules of 2019) to Respondent Nos. 15 and 16 for any development activities in Resurvey Nos. 81 and 82. Pursuant to the enquiry conducted based on Exhibit-P3 complaint preferred by the Petitioner, it was found that the owners of the land under Resurvey Nos. 81 and 82 are destroying a portion of the mangrove forests and have, therefore, violated Section 11 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 . The Panchayat sent letters to the Village Officer to collect the details of the owners of the property. On receipt of the details, the Panchayat issued notices to Respondent Nos. 15 and 16, directing them to restore the above-mentioned land to its original condition within 15 days from the receipt of a copy of the notice, for acting in violation of Rule 4 of the Rules of 2019. 6. By order dated 29 May 2023, the Division Bench directed Respondent No. 4-District Collector, to constitute a three-member team comprising one officer each from the Revenue, Forest/Social Forestry, and the Wetland Authority, to inspect the site and file a report with respect to the applicability of CRZ to the land. The Division Bench also directed Respondent Nos. 6, 7 and 13, i.e. the Tahsildar, the Village Officer, and the Grama Panchayat represented by its Secretary, to ensure that Private Respondent Nos. 15 and 16 maintain the status quo and not to change any physical features in any manner, including cutting and carrying away of the mangroves. 7. The Collector constituted a three-member team of Tahsildar, Range Forest Officer, Social Forestry, Kannur Range, and a representative from the State Wetland Authority. The Committee conducted site inspection on 14 July 2023 and submitted its report on 29 July 2023. The Committee found that the constructed roads in CRZ-I A area violated the provisions of CRZ Notification 2011. The District Collector constituted a Committee and directed the Committee to submit its report. The Committee conducted site inspection on 14 July 2023 and submitted its report on 29 July 2023. The Committee found that the constructed roads in CRZ-I A area violated the provisions of CRZ Notification 2011. The District Collector constituted a Committee and directed the Committee to submit its report. A detailed report was submitted on 29 July 2023 by the three-member Committee to the District Collector. The District Collector noted the site inspection report and issued an order dated 3 August 2023, directing the Village Officer to take steps to remove the constructed roads in the CRZ-I A area, violating the provisions of the CRZ Notification 2011 under the provisions of the Construction and Demolition Waste Management Rules, 2016, under the Environment (Protection) Act, 1986 . The Range Forest Officer, Social Forestry, Taliparamba Range was directed to cultivate at least three times mangroves within the Resurvey No. 81 of Kunhimangalam Village to be supervised by the Assistant Conservator of Social Forestry, Kannur, and ensure the cultivation and growth of mangroves. The expenditure was to be met by Respondent Nos. 15 and 16 and compliance of removal of constructed road and status of mangrove restoration was directed to be submitted every three months. 8. Clause 4(i)(g) of CRZ Notification 2011 states that construction of road by way of reclamation in CRZ area shall be only in exceptional cases, to be recommended by the concerned Coastal Zone Management Authority and approved by the Ministry of Environment, Forest and Climate Change, and, in case, the construction of such road is passing through mangroves or likely to damage the mangroves, three times the number of mangroves destroyed or cut during the construction process shall be replanted. Clause 7 of the CRZ Notification 2011 deals with the classification of CRZ. Sub-clause A of clause 7(i) classifies the areas that are ecologically sensitive and the geomorphological features which play a role in maintaining the integrity of the coast as CRZ IA. It further defined the mangroves that in case mangrove area is more than 1000 sq. metres, a buffer of 50 metres along the mangroves is included as CRZ IA. Clause 8 explains the norms for regulation of activities permissible under the CRZ Notification 2011 and sub-clause 8 (i)(I) states the permissible activities within CRZ IA area. They are, no new construction shall be permitted in CRZ-I except certain projects stated therein. 9. metres, a buffer of 50 metres along the mangroves is included as CRZ IA. Clause 8 explains the norms for regulation of activities permissible under the CRZ Notification 2011 and sub-clause 8 (i)(I) states the permissible activities within CRZ IA area. They are, no new construction shall be permitted in CRZ-I except certain projects stated therein. 9. The Site Inspection Report recorded that the site falls in Map No. KL 73 of the approved Coastal Zone Management Plan (CZMP) of the CRZ Notification 2011. The area of mangrove existed in Resurvey Nos. 81 and 82 is 7544.90 sq. metres and 181.65 sq. metres respectively. The total mangrove area in these resurvey numbers is 7726.55 sq. metres. As per clause 7(i)(A)(a) of CRZ Notification 2011, mangroves, in case mangrove area is more than 1000 sq. metres, a buffer of 50 meters along the mangroves shall be provided. The 50 metres buffer along the mangroves is demarcated in the CZMP as per CRZ Notification and the total mangrove buffer area of 25087.6072 sq. metres is shown as CRZ IA. The Report shows the CRZ classification in respect of Resurvey Nos.81 and 82 of Kunhimangalam Village, as set out in Table 1 below: Table 1 CRZ category of the Site *** The Report indicates that the type of mangroves existed in Resurvey Nos. 81 and 82 are Avicennia sp., Rhizophora mucronata, and Excoecaria agallocha. The Report further states that two roads were constructed in Resurvey No. 81 using gravel (red soil) and construction waste materials filled up to the height of 30 centimetres to 50 centimetres from the ground level. A "T" shaped road was constructed in Survey No. 81/2 having lengths of 51.5 to 51.7 metres and 44.2 metres with a width of 4 metres. Another road was made from Survey No. 81/2, passing the boundary of Survey No. 81/1B, and ends at Survey No. 81/2. The total area of the constructed roads was measured as 28.7 cents. The mangrove destructed area by the construction of roads was 7.46 cents and 3.96 cents respectively. It was estimated that 11.42 cents of mangroves were destructed by the road construction. Because of the roads construction, the mangrove buffer area of 16.56 cents was affected. The area of road constructed in No Development Zone of CRZ III was 0.72 cents. The summary of CRZ area destructed/affected are given in Table 2 as under: Table 2. It was estimated that 11.42 cents of mangroves were destructed by the road construction. Because of the roads construction, the mangrove buffer area of 16.56 cents was affected. The area of road constructed in No Development Zone of CRZ III was 0.72 cents. The summary of CRZ area destructed/affected are given in Table 2 as under: Table 2. Area of CRZ destructed/affected through Road Construction *** The Report thus showed serious destruction in the protected area. 10. The matter can be divided into two parts. First, the destruction of the mangroves, and second, the restorative measures to be undertaken. 11. Firstly, the manner in which the destruction of the mangrove area was carried out is a matter of serious concern. As early as in January and February 2023, the Petitioner wrote to the District Collector, the Member Secretary of the Kerala Coastal Zone Management Authority, and the Assistant Conservator of Forests, bringing to their attention that certain individuals engaged in the real estate business were reclaiming water bed areas and paddy fields along the riverbank by depositing earth on a large scale in Resurvey Nos. 81 and 82 of Kunhimangalam Village, in violation of the provisions of the CRZ Notifications. The Petitioner had also given the GPS location of the site. The Petitioner placed on record that these individuals have made roads and destroyed mangroves on a large scale. It was placed on record that the area is declared as CRZ-I A and I B as per the CRZ Map No. KL-73 of the National Coastal Zone Management Authority and is a no-development zone. Not only this, the Petitioner annexed the map pointing out the exact area where action has been taken. The Petitioner pointed out that the attempt of Respondent Nos. 15 and 16 was to destroy the mangrove forests to convert the area into a commercial resort. The Petitioner also pointed out that the destruction of mangrove forests would affect the biodiversity and environment of the river, obstruct the free flow of water, and affect the inter-tidal zone. 12. The report of the Inspection Committee has confirmed that the construction was carried out in the CRZ-I A area. CRZ-I A classification of an area confers a high degree of protection among the Coastal Regulation Zones. The Report showed that the site situated in Resurvey Nos. 12. The report of the Inspection Committee has confirmed that the construction was carried out in the CRZ-I A area. CRZ-I A classification of an area confers a high degree of protection among the Coastal Regulation Zones. The Report showed that the site situated in Resurvey Nos. 81 and 82 of Kunhimangalam Village and Grama Panchayat, Kannur District is along the Pullankode Puzha, which is a tidal-influenced water body. This Zone, which is ecologically sensitive, is the breeding ground of water bound species like otter, crabs, shrimps and prawns, mollusks, and the building waste and plastic waste being dumped in the area would cause serious adverse consequences for the environment. Respondent Nos. 15 and 16 stated to be real estate dealers illegally constructed a road and dumped soil in the mangroves. Respondent Nos. 15 and 16 did not submit application either to the Kerala Coastal Zone Management Authority or to the Ministry of Environment, Forest and Climate Change for construction of road in the ecologically sensitive area which is classified as CRZ IA through reclamation and destruction of mangroves. The road constructed in Resurvey No. 81 cannot be considered as an exceptional case since the Report shows that the road does not have any connectivity or even required since there is no human settlement along the banks of Pullankode Puzha in the near vicinity. Hence, the construction of a road in the CRZ IA area by destruction of mangroves, as the record shows, and dumping red earth and building waste in the mangrove forests, was in violation of the CRZ Notification 2019, the provisions of the Act of 1986, the Forest (Conservation) Act, 1980, and the Rules framed thereunder. The Respondent Authorities will have to take strict action as per law regarding the same. 13. Despite bringing to the attention of the authorities precise information regarding the illegalities being carried out by the Private Respondents, action was not taken in time. The Environment (Protection) Act, 1986 (Act of 1986) read with the CRZ Notifications, casts a duty on the authorities to take measures for the protection of areas falling within the protected zones. The authorities are under a statutory mandate to ensure that unauthorized constructions are prevented. The Authorities have to be vigilant by themselves about the illegalities taking place in the area. The authorities are under a statutory mandate to ensure that unauthorized constructions are prevented. The Authorities have to be vigilant by themselves about the illegalities taking place in the area. Periodical site inspections should be carried out and instances such as the large-scale destruction of mangroves have to be noticed by the officers during their field visits to restraint them immediately. 14. As regards the second part, restorative measures, again the approach of the Official Respondents is not satisfactory. The Division Bench asked the learned Special Government Pleader to get instructions regarding the restoration of the mangroves. The Deputy Conservator of Forests, who was in-charge of the Assistant Conservator of Forests, Social Forestry, Kannur, filed a sketchy affidavit consisting of five paragraphs. The affidavit referred only to past events and further stated that it was decided to remove the soil that had been unloaded in the mangrove area and, at present, the soil and debris have been removed and the mangrove plants have started to grow at the place where the soil was removed. The destruction of the mangroves took place in year 2023. The same year, the committee submitted its report. The explanation provided in the affidavit by the Deputy Conservator of Forests being perfunctory, the Conservator of Forests, Social Forestry, Northern Region, Kozhikode, was directed to file an affidavit not only explaining the delay but also providing a timeline for compliance with the report. 15. The Conservator of Forests, Social Forestry, Northern Region, Kozhikode, has filed an affidavit seeking to place on record the explanation for the delay in taking steps and to provide a timeline for compliance with the report. As far as restoration of the area is concerned, it was submitted by the Conservator of Forests as under:- “7. It is respectfully submitted that the though the decision of the Collector based on the committee decision to plant mangrove saplings was taken on 03.08.2023, from that time, ie., from August, 2023 to next year March 2024, mangrove seeds would not be available. The availability of mangrove seeds is restricted from March end to June end. Accordingly, mangrove seeds were available only from March, 2024. So, Kannur Social Forestry Range could raise the mangrove nursery only in the month of March 2024 at Ramanthali. Further, the nursery seedlings will take 5-6 months before it could be planted. The availability of mangrove seeds is restricted from March end to June end. Accordingly, mangrove seeds were available only from March, 2024. So, Kannur Social Forestry Range could raise the mangrove nursery only in the month of March 2024 at Ramanthali. Further, the nursery seedlings will take 5-6 months before it could be planted. By October 2024, the seedlings raised in Ramanthali were ready to be planted. But since the removal of debris was not completed from the area from which the constructed road was removed, in anticipation of full removal of debris, the planting was postponed especially since the planting of mangrove seedlings was not feasible in such a destructed and partially debris filled area. So, the said seedlings had to be planted at another location in Muzhappilangad, near Thalassery. So a new nursery had to be raised at Pazhayangadi in March 2025 for the purpose of the planting in the destructed area in the present case and the nursery is coming up well. If debris is removed completely by October, 2025 or November, 2025, the destructed area can be eco-restored with mangrove seedlings by October, 2025 or November, 2025. The delay occurred in planting due to the aforesaid reasons related to procurement of mangrove seeds, raising of mangrove seedlings and non- availability of the land fully restored from debris.” *** Thus, the matter is presently rests at this stage. 16. Thus, restorative measures which are required to be taken in the year 2023 have yet not been completed. It is true that for the restoration of mangroves, it will take some time for the trees to grow, but even after the Inspection Report was submitted, hardly any action has been taken by the Social Forestry Department and now it is stated that because of the rains and water being present, plantation of seedlings is not immediately possible. The learned counsel for the Petitioner has placed on record the photographs which have been taken recently which shows that the water has been receded. 17. We are not satisfied with the manner in which the matter is dealt with by the Official Respondents as regards the restoration measures. It is necessary to impose a strict time limit on the Official Respondents to take all measures required by law, as indicated in the report of the Committee, and to ensure that the area is restored. 17. We are not satisfied with the manner in which the matter is dealt with by the Official Respondents as regards the restoration measures. It is necessary to impose a strict time limit on the Official Respondents to take all measures required by law, as indicated in the report of the Committee, and to ensure that the area is restored. For that purpose, we intend to grant three months’ time. The Official Respondents have to note that this situation has been created because the Respondents did not take any action in time to prevent the damage. The issue has been dealt with in a routine and pedantic manner. 18. That takes us to the future course of action to prevent the recurrence of such instances and to ensure that the area is protected. 19. Mangroves grow in the area with loose and wet soil periodically submerged by tides. Salt water is the major source of mangrove growth. Mangrove forests are a unique ecosystem with specific biodiversity. Mangrove trees also collect sediments at the tree roots, which may help to protect lives of the people and prevent property damage from flooding. Therefore, the foremost priority is the prevention of destruction of this ecosystem, as once an ecosystem is damaged, its natural integrity and ecological functions cannot be readily reconstructed or brought back easily. Even where the law permits replanting as a substitute, steps for restoration have to be taken at the earliest. The object must be to prevent illegal destruction before it occurs and to ensure that restorative measures, where required, are taken with urgency. Both surveillance and restoration need to be strengthened. 20. We are of the opinion that special emphasis needs to be given by placing responsibility of protecting the mangroves in the Kunhimangalam area. A permanent monitoring mechanism with the duty to prevent illegal destruction of mangroves is essential. The State has to put in place an officer / team with the duty of monitoring, surveying, and implementation of all necessary measures to safeguard the mangroves in the Kunhimangalam area. 21. Accordingly, we issue the following directions. 22. Respondent Nos. 1 to 14 will co-ordinate to take appropriate steps for removal of all traces of the waste from the property covered by Exhibit-P1 of Kunhimangalam Grama Panchayat, to restore the area to its original position. 21. Accordingly, we issue the following directions. 22. Respondent Nos. 1 to 14 will co-ordinate to take appropriate steps for removal of all traces of the waste from the property covered by Exhibit-P1 of Kunhimangalam Grama Panchayat, to restore the area to its original position. Re-plantation of mangroves as per law and as suggested by the Inspection Committee, will be done within a period of three months from today. We place the responsibility of ensuring compliance of these directions on the Conservator of Forests, Social Forestry, Northern Region, Kozhikode. The other Governmental agencies will act in aid of the Conservator of Forests to ensure time- bound compliance of the directions. 23. The State Government will formulate a plan of action with special emphasis on regular monitoring of the mangroves in the Kunhimangalam area and taking immediate action, including deploying/nominating a survey team, if necessary, placing individual responsibility on the officers to ensure that instances such as the present one do not recur. 24. Till such a plan is put in place, the three-member team of Tahsildar, Payyannur, Range Forest Officer, Social Forestry, Kannur, Range Environmental Engineer, Directorate of Environment and Climate Change constituted by the District Collector, Kannur, will make periodical visits to the site under the directions of the District Collector, Kannur, and submit field visit reports regarding the violation of Coastal Regulation Zone Notification in respect of the mangrove forests in the Kunhimangalam area. If any violation is reported by the three-member team, the District Collector will forward the matter to the concerned officer(s), who shall take immediate action as required by law. The Collector will develop a mechanism, such as a phone number, email, or social media, erecting a notice board, etc., by which vigilant citizens or organisations can bring violations to the notice of the Collector to aid the task of the three-member team. 25. The Writ Petition is disposed of with the above directions.