AMMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed seeking to permit the petitioners to remove trees cut by them from their own land. The petitioners are residents of Attappadi and state that they need to cut trees and sell some of the woods to raise money to construct their pucca houses. The respondents resist transportation of woods on the ground that the land from which trees are sought to be cut and removed, is forming part of the proposed Buffer Zone around the Silent Valley National Park and it is an Ecologically Sensitive Zone.

(2.) The petitioners in W.P.(C) No.26919/2019 are legal heirs of late Rami who obtained Patta in respect of 6.98 Ares of land in Survey No.25/3 and 55.10 Ares of land in Survey No.26/3 of Kallamala Village. The petitioners are now in joint position of the land and are paying land tax. The petitioners are cultivating pepper vine, etc. in the said property. The petitioners are residing in thatched houses and wanted to construct Pucca houses. As the petitioners decided to construct Pucca houses, due to scarcity of funds, the petitioners cut certain trees standing in their private land with an intention to sell. Applications submitted by the petitioners for permission to transport the trees were not entertained.

(3.) By Ext.P6 communication dated 17.08.2017 of the Assistant Wildlife Warden, the petitioners were informed that since the land is situated in the Ecologically Sensitive Buffer Zone of Silent Valley National Park, permission cannot be granted to cut and remove trees from even private land. By Ext.P7 letter dated 31.03.2018, the Range Forest Officer, Attapadi Range returned the applications on the same ground. The Assistant Wildlife Warden, Bhavani Forest Range issued Ext.P9 letter dated 08.09.2018 stating that as it would affect rare bio species in Silent Valley National Park, the petitioners cannot cut and remove trees from the Buffer Zone.