LAWS(KER)-2021-1-120

V BABU RAJ Vs. STATE OF KERALA

Decided On January 08, 2021
V Babu Raj Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners who are residing in Rosemala in the Shenduruny Wildlife in Kulathupuzha Grama Panchayath in Kollam District, are included in the rebuild Kerala Scheme, for relocation of private settlement from forest. As per Ext.P1 order issued on 14.11.2019, Government accorded administrative sanction for relocation of people like petitioners. It is stated that 344 eligible families in Shenduruny Wildlife in Rosemala settlement, having a total extent of 99.15 Hectors, were found eligible for the benefit of the scheme under Ext.P1. It is stated that Government have conducted a feasibility study for the relocation. Stating that further proceedings based on Ext P1 order are not taken, petitioners have submitted representations before the Government. This writ petition is filed seeking a direction to the respondents to implement the rebuild Kerala Scheme to the project proposals of Forest and Wildlife Department to the petitioners and others in Shenduruny Wildlife at the earliest possible point of time.

(2.) The 7th respondent filed a counter affidavit stating that, the respondents are taking expeditious steps for implementation of the project. It is stated that post-2018 floods, the Government had to address the mitigation of floods as well as to prepare for future disasters and in order to facilitate this process, Rebuild Kerala Initiative was established as per Government Order dated 09.11.2018 to bring about a perceptible change in the lives of its citizens by adopting green infrastructure protocols for recovery and reconstruction and to build ecological and technical safeguards. It is stated that Government approved the Rebuild Kerala Development Programme (RKDP) as per G O (P) No.19/2018/P&EA dated 23.05.2019.

(3.) Thereafter, as per Ext.R7(a) order issued on 01.06.2020 Government accorded sanction for allotment of Rs. 24.56 Crores to the DDO of the Forest and Wild Life Department towards the first installment of project cost for implementation of various projects of Forest and Wild Life. It is stated that, a three tier institutional mechanism viz. State Level Empowered Committee, Project Management Unit at Forest Headquarters and Regional Committee at Circle/Division Level, has to be in place for implementation of the projects under the RKDP Programme. It is further stated that, certain modifications were found necessary to Ext.R7(a) order, based on which Ext.R7(c) order was issued on 30.09.2020.