P.P.RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Public Interest Litigation pertains to the destruction of dense mangrove forests in Kunhimangalam Village, Payyanur Taluk, Kannur District.

(2.) A substantial percentage of the total area of mangrove forests in the State of Kerala is in Kunhimangalam Village limits. Around 30 acres of mangrove forests in the said Village are declared as a reserved forest and are under the jurisdiction of the Forest Department. Resurvey Nos. 81 and 82 of Kunhimangalam Village fall under the Coastal Regulation Zone (CRZ) I A and I B, as per the CRZ Map approved by the National Coastal Zone Management Authority, Ministry of Environment, Forests and Climate Change, Government of India. This area thus has a high degree of protection, with no development activity allowed without the permission of the Ministry of Environment, Forests and Climate Change.

(3.) The Petitioner approached this Court having noticed the large-scale destruction of thick mangrove forests in Resurvey Nos. 81 and 82 of Kunhimangalam Village by Respondent Nos. 15 and 16, two private individuals. The Petitioner asserted that, despite pointing out the matter and making representations to the Assistant Conservator of Forests, Kannur, no action is taken, and the destruction has been continued. Alleging that all the authorities are turning a blind eye to the rampant destruction in such a highly protected area, the Petitioner sought directions to the Official Respondents to prevent the illegal destruction of mangrove forests by Respondent Nos. 15 and 16 in the area marked as CRZ IA and IB in the approved CRZ Map annexed as Exhibit-P1 to the petition. A declaration was sought that the actions of dumping red earth and building waste in mangrove forests and constructing a road in Resurvey Nos. 81 and 82 in the CRZ-I A and I B area are violative of the CRZ Notification 2019 and the Environment (Protection) Act, 1986. The Petitioner also prayed for direction to the Respondents to take steps to restore the land to its original position. Notices were issued in the petition, the Respondents have appeared, and the Official Respondents have filed their counter affidavits.