N. SUDHAKARAN PILLAI Vs. LOCAL LEVEL MONITORING COMMITTEE

JUDGEMENT

(1.) PETITIONERS who are residents of the Aluva express concerns about the illegalities in construction activities being undertaken by Kochi Metro Rail Ltd. (for short KMRL).

(2.) THE complaint of the petitioners is with reference to starting a Metro Rail Yard for repair and maintenance of carriages, engines and coaches of the metro rail trains in about 50 acres of land. It is contended that despite such a limited requirement about 300 acres of paddy land and wet land are being filled up without conducting any Environmental Impact Assessment (EIA) study in the said area, which is also in gross violation of the provisions of Kerala Conservation of Paddy land and Wet land Act, 2008 (hereinafter referred as the Act). Petitioner submits that despite various objections from among the public and even the local Panchayat the Government by virtue of Exhibits P21 and P22 permitted reclamation/conversion of an extent of 52.11 acres. Petitioners further contend that an attempt is being made for acquiring a total extent of 1000 acres for constructing a Metro village. This according to the petitioners is without conducting any study in the matter and conversion of such Paddy field; water bodies etc. would cause huge environmental impact in the area. It is submitted that no study had been conducted for starting such a Metro village, which is apparently a commercial venture of KMRL. That apart large -scale reclamation activities are going on in the area without obtaining any permission or conducting any study in the matter relating to environmental issues. Petitioners therefore while challenging Exhibits P21 and P22 seeks further directions to prohibit the respondents from converting the paddy fields and wet lands in the area in question. Further petitioner has a case that there was no necessity to acquire any land over and above 50 Acres since a more suitable dry land was available in survey number 1087/1G in Thrikkakara North Village, which belongs to the Government, which could be utilised for metro rail projects and any ancillary structures. This according to the petitioners could avoid acquisition of about 250 acres of land for Metro village and payment of such huge cost by way of land value and it could also avoid the environmental issues on account of filling up paddy field, wet lands and water sources etc.

(3.) IN the statement filed by 9th respondent, Special Tahsildar (Land Acquisition), it is inter alia stated that as per Government order dated 2/4/2012 produced as Annexure -A, reclamation was permitted in respect of 16.6004 Hectares in terms of section 10 of the Act. By virtue of orders dated 18/10/2012 and 1/1/2013 Government sanctioned reclamation of an extent of 0.1351 Hectares, 1.4124 Hectares, and by Annexure - D dated 8/4/2013 sanction was accorded for reclaiming a further extent of 3.0765 hectares and 0.3195 Hectares under section 10 of the Act. It is therefore pointed out that necessary permission is available for conversion of 22.2183 Hectares of land, which has been acquired for the purpose of maintenance yard for the Kochi Metro Rail Project.