KOTTAYAM NATURE SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) A joint venture between the Kerala State Tourism Development Corporation and the Oberoi Hotels is the bone of contention in these three petitions. The location is the Pathiramanal Island. A piece of land measuring 48.2 acres has been given on lease for a period of 30 years. The Island is in the Vembanad Lake. It has abundance of acquatic life. But it is ecologically fragile. It has a wealth of flora and fauna. Flocks of migratory birds visit it. It is a sanctuary. It is recreationally resourceful. On April 13, 2000, the Government had decided to give the land on lease without any environmental audit or impact assessment. Its pristine beauty is endangered. It provides a profound charm to the innocent. It is sublimely satisfying for the curious Ornithologist. In a nutshell, the petitioners allege that the beginning of any kind of construction on the Island would be the end of its beauty. Still more, the land was taken over by the State under the provisions of the Kerala Land Reforms Act, 1963. It can be used only for the purposes as envisaged in S.96 and for no other. The lease contravenes the provisions of the Act. Thus, the petitioners pray that the decision to give the land on lease be quashed. The Counsel have referred to facts in O.P. No. 7104 of 2002. These may be briefly noticed.

(2.) The petitioner is a society registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Act, 1955. It is interested in the preservation of the Pathiramanal Island as a bird sanctuary. The endangered species of flora and fauna are thriving on account of the efforts made by the nature lovers and environmentally conscious populace. The species of endangered plants have been identified. These need to be protected and preserved.

(3.) The Island originally belonged to the Anthraper family. With the enforcement of the Kerala Land Reforms Act, 1963, the excess land in the possession of the family was identified. The Island was one of the lands surrendered by the family in favour of the Government. Thus, it became Government property which is nevertheless subject to the restrictions imposed by the Land Reforms Act both in the matter of alienation and enjoyment. However, in violation of the provisions of the statute, the Government has decided to give the land on lease to the Oberoi Kerala Hotels and Resorts Limited, the fifth respondent for development as a tourist resort. The sixth respondent, viz., the East India Hotels is the holding company of the fifth respondent. The establishment of a tourist resort would necessarily bring about a complete imbalance in the environment. It would upset the ecology and destroy the fragile land. It would result in an almost complete decimation of the natural bird sanctuary which is now found flourishing there. At present, the Island is uninhabited. Tourists and Ornithologists visit it. It is slowly developing into one of the prominent bird sanctuaries in the country. Construction of any building, which is bound to continue over a sustained period of time, would drive away the birds from their natural habitat. Commercial tourism will affect the preservation of the ecology and environment. The Government of Kerala has identified the Pathiramanal as a natural bird sanctuary and have taken steps to preserve it as such. The Department of Tourism has categorized the Island as an ecologically fragile piece of land and home of endangered flora and fauna. Consistent with the policy of the Department of Tourism, it is necessary that the Island be preserved in its currently available pristine form.