SHABANA Vs. STATE OF KERALA

JUDGEMENT

(1.) All these batch of cases are filed challenging order No. DCKLM/1827/2020-DM2(5) dtd. 2/7/2021 (hereinafter referred to as the impugned order) passed by the Chairman, District Disaster Management Authority, Kollam. Since all these cases are filed challenging the very same order, I am disposing of this batch of writ petitions by a common judgment.

(2.) The impugned order passed by the Chairman is a detailed order that deals with the environmental aspects and the need to protect the same for the well being of the people. It is stated in the impugned order that the land in Kollam district is rich in natural freshwater reservoirs that includes fields, creeks, and other wetlands. It is stated that, during the Monsoon season, these reservoirs contain floodwaters which in summer helps keep the water table of the nearby wells, ponds, and other freshwater sources low. It is further stated that all that has become a myth throughout the Kollam District. It is further stated that much of the area in the district was waterlogged, and today the area is shrinking and is on the verge of oblivion. The apprehension raised by the Chairman in the impugned order is that there is a rush to fill up the last few wetlands and use them for commercial purposes. This has been brought to the notice of the Chairman by the general public through social media. According to the Chairman, Disaster Management Authority, the above acts will endanger the very existence of man. It is also stated that it is impossible to restore the wetlands that have been subjected to such malpractices. It is further stated that, in a densely populated district like Kollam, permission is given to remove soil with restrictions for a number of reasons. The most important of these reasons is granting permission to remove soil to avoid the threat of disaster as part of the Disaster Management activities. It is conceded by the Chairman, Disaster Management Authority that such permission is strictly legal and is granted only on the basis of site inspection and favourable recommendations of the Tahsildar concerned and Geologist. It is only to avoid the threat of disaster. It is also stated that the Disaster Management permissions are issued with strict conditions to monitor where the soil is deposited and to ensure that it is not dumped into the ground or other wetlands for any reason. The permit also stipulates that the earth soil is to be deposited in such places only with the prior permission of the Jurisdictional Tahsildar.

(3.) It is submitted that the permission for the removal of soil for various development purposes is being granted by the Department of Geology. The permission issued by the Department of Geology does not contain any provision as to where the soil so removed is to be placed. It is submitted by the Chairman, Disaster Management Authority that, complaints have also been received that the soil removed in this way is being used to fill wetlands and paddy fields. According to the Chairman, Disaster Management Authority, conditions similar to those set out in the permit issued under the Disaster Management Act, 2005 (In short, the Act 2005) is necessary to prevent this utterly undesirable acts. Hence a condition is imposed in the impugned order passed by the Chairman, Disaster Management Authority to deposit the removed earth on dry lands only, as the practice of paddy and wetland filling is on the rise which has already led to various environmental disaster. According to the Chairman, Disaster Management Authority, unless this prior permission of depositing the removed soil is obtained, there is a chance to deposit the same in paddy/wetlands. Under such situation, the impugned order in this batch of writ petitions was passed by the Chairman, District Disaster Management Authority, Kollam. Aggrieved by the above order, this writ petition is filed.