NIYAMAVEDI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner 'Niyamavedi, Kalvathy, Kochi' has filed O. P. 752/1992 challenging the action of the first respondent to establish a Biological Park in 'Agasthyavanam'. The Original Petition has been filed as a public interest litigation.

(2.) Original Petitions 2865/1992, 9741 / 1992 and 8905 /1992 were also filed for identical reliefs. In O.P. 8905/1992 apart from similar contentions taken in the other Original Petitions there is an additional contention against the acquisition of petitioners' rubber plantation under the Land Acquisition Act.

(3.) Petitioners contend that the proposed project for Biological Park would result in denudation of forest in the State of Kerala, that it would amount to violation of Forest Conservation Act, that Central Government's consent has not been obtained for the project and that if the project materialises it would pose threat to the environment and ecology. It is contended by them that the forest wealth in the State is considerably depleted on account of the callous attitude of the Government and as there is likelihood of thousands of valuable trees being out and removed under the guise of the project prompt judicial action is called for. According to the petitioners, the project report does not give details of what all things to be done preclude to the establishment of the Park and as no independent expert committee has considered the viability or feasibility of the project, any hasty steps in that regard have to be stopped. The State Committee on Science, Technology and Environment was not consulted before the first respondent chose this venture. With respect to the location of the project area an independent expert body should visit the place and submit a report. The project was not discussed at all before the Task Force. The 8th Five Year Plan and Task Force report on Forestry and Wildlife were not considered in the finalisation of the project report. Petitioners have a further contention that there are six Adivasi settlements having ancient civilisation in the Agasthyavanam and if the Biological Park becomes a fait accompli it would virtually result in their ouster from their abodes. According to them, Agasthyavanam is reputed for its flora and fauna of the rarest species, for its peculiar climate and the rain procured growth of 150 species of plants not seen any where else in the world and also for its extraordinary rich ever-green forest.