ENVIRONMENTAL AND ECOLOGICAL PROTECTION SAMITHY Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) PETITIONER is an unregistered association, said to be committed to the cause of environmental protection. They complain of indiscriminate felling of trees and destruction of vegetation in the Eastern Attappadi region, turning a lush green landscape on the banks of river 'siruvani' into a barren region of and waste. Such indiscriminate felling of trees and destruction of greens, leads to soil erosion, landslide and related problems, according to petitioner. They say that such activities have gone on for long. Their immediate concern relates to felling of bamboo clusters in the region. By ext. R2 (b), the Government of Kerala invited tenders for sale of bamboo clusters situated in Sy. Nos. 1318/4, 1343/3 & 1352/5 of the Agali Village along the banks of the river Siruvani. The second respondent purchased the right to cut and remove bamboos, for a consideration of Rs. 4 lakhs. His bid was accepted and he has started felling operations. PETITIONER states that cutting and removing of bamboo clusters will lead to an environmental disaster, and that the State Government has permitted second respondent to cut the bamboo clusters, ignoring the directive principles in Articles 48a and 51a. of the constitution, and violating the provisions of the Forest (Conservation) Act, 1980. Though the pleadings in the writ petition were sketchy, counsel put his case on a larger canvass at the hearing, complaining of violation of Art. 21. He submits that bamboo clusters now on the verge of extinction, area useful form of vegetation, and that their destruction would upset ecological balance in the attappadi valley. It was argued that landslide and soil erosion apart, ground water resources already on the wane, would be irretrievably affected. He would also submit that the area where felling is permitted, is not clearly demarcated, and that this would enable the second respondent to cause even greater depredation. In Ext. R2 (b), the extent or identity of the land is not clearly spelt out.

(2.) RESPONDENTS 1,3 & 4 in their counter affidavits state that permission is granted to cut bamboos only from 7. 016 Hectares, and that this is not part of forest lands. It is also stated that a dam is being built across the Siruvani river at a cost of Rs. 42. 50 Crores. When the dam is completed, hectares of land including the land where the bamboo clusters stand, would be submerged in water. It was also stated that these bamboo clusters flowered about 25 years back, and that regeneration is not likely. Second respondent in his counter submits that petitioner has no locus standi, and that it is not a registered body. According to him, the Government permitted felling of bamboos, only after careful consideration. Incidentally, the Government have no such case in their counter affidavit. Second respondent would also submit that he has invested large sums of money, and that he will be put to irreparable loss, if he is not allowed to cut and remove the bamboos. Besides, the bamboos will deteriorate in quality by lapse of time.

(3.) APART from the impact of industrial pollutants on ecosystem, a direct impact is caused by deforestation. Climate, soil and water resources are affected by this. Norman J. Rosenberg and William Easterling, in their studies noticed the effect of deforestation, on different eco systems. Deforestation affects climatic systems, which involve interaction of Biota, air, sea and land componets with solar system. Vegetation depends on climate and soil. Climate determines the growth on the soil. Green house warming can cause severe drought, due to increase of evaporation. The quantity of water stored in soil for support of crops, and the amount of run off to streams and reservoirs, will be determined by excess of precipitation over evaporation. Climatic changes will interact on agriculture, water supply and animal and human health. Deforestation will deplete water resources, the life blood of eco system. The effects have been visible, according to Alan Grainger, and tropical montaine water sheds have been reduced considerably. Quality and quantity of fresh water sources, is of critical importance to eco system, and fall in water resources will increase environmental costs of production. Water supply systems are vulnerable to climatic change. The I. P. C. C. (Inter Governmental Panel on climate Change) estimates that there will be a shortfall of drinking water in the next fifty years to the extent of 40%. The great lakes of Canada may drop by 8 feet, and Meditaranian countries may turn semi-deserts. Each tree is a dam storing water. Green plants absorb water, and transpire it to atmosphere. Branched root system of trees, and grass cover hold soil and humus. Dispersal of rainfall, is determined by interception through canopy cover, and infiltration through forest litter. It will reduce the effect of rain on forest floor, and check soil erosion.