ALL KERALA RIVER PROTECTION COUNCIL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) All Kerala River Protection Council, petitioner herein, said to be a charitable society working for the protection of environment of the country, has filed this petition under Article 226 of the Constitution of India seeking directions to be issued to the respondents to take immediate steps to stop all illegal excavation of earth in Kadungallore Grama Panchayat and to take necessary action to fill up the said lands which were already digged in contravention of the conditions and also to issue a writ in the nature of mandamus directing the Kerala State Pollution Control Board to take immediate action for stoppage and prosecution against the brick makers which are functioning without complying with the conditions laid down in Schedule I Item 74 of the Environment (Protection) Rules, 1986. While giving narration of facts, it has been averred in the petition that excavation of agricultural land for extracting clay for brick making is common in the Kadungallore Grama Panchayat. On 29.9.1993, the agriculturists of the area filed a mass petition before the Revenue Divisional Officer complaining about the mass excavation of earth in the "Ummarathapadam Padasekharam" and the proposed excavation of land in "Mundakan Padam". The then Revenue Divisional Officer passed an order restraining the digging of paddy land, vide order dated 15.2.1995. Against the order aforesaid, an appeal was filed before the Board of Revenue and that authority vide order dated 24.02.1998 rejected the appeal. The said order, it is stated, was easily got over by the brick makers of the said Panchayat and other nearby Panchayats. The problem of such excavation of earth beyond the prescribed level has been brought to the notice of this Court and by judgment dated 19th February, 2001 in O.P.No.34220 of 2000 this Court issued the following directions:-

(2.) Pursuant to the notice issued by this Court, respondents entered appearance. The 1st respondent filed a written statement, wherein it has been pleaded that complaints were received by the District Collector regarding the excavation of clay and functioning of unauthorized brick units and a direction was issued to the Secretary, Kadungallore Grama Panchayat to submit a report on the complaint. The Secretary, Kadungallore Grama Panchayat submitted a report on 12.12.2005. The Panchayat authorities had not given permits for either ordinary sand mining or licence to any person after 1.4.2003. The Panchayat had given licence to six persons during the year 2002-2003 for operating the brick manufacturing units and the validity of the above licences had expired on 31.3.2003. These licences were given on the basis that the clay already stocked and brought from outside alone can be used. As per the instruction of the Ombudsman, the Secretary, Kadungallore Grama Panchayat has issued stop memo to 23 persons who were conducting unauthorized manufacturing units of bricks. In addition to this, the secretary, Kadungallore Grama Panchayat has informed the Superintendent of Police (Rural), Aluva, Circle Inspector of Police, Aluva and the Sub Inspector of Police, Binanipuram for taking stringent action against the unauthorized brick manufacturing units operating in violation of he stop memo issued. The Secretary has also reported that 23 brick units are working unauthorisedly in that area. After getting a report from the Secretary, Kadungallore Grama Panchayat regarding the operation of unauthorized brick units, the District Collector vide order dated 30.12.2005 banned the brick making activities in Kadungallore Panchayat. A direction was also issued to the Additional Tahsildar, Paravoor and Secretary, Kadungallore Grama Panchayat to enforce the aforesaid order with the assistance of police. While so, the brick owners in Kadungallore Grama Panchayat have prayed for limited permission for manufacturing bricks using the clay already stocked there. The matter was referred to Tahsildar, Paravoor for enquiry and comprehensive report. The Tahsildar in his report recommended to accord sanction to the owners of the brick units who have already stocked clay for the manufacturing of bricks. He has furnished a list of owners of the brick units and the quantity of clay kept with them. In view of the recommendation, the District Collector passed orders for temporary operation of the above brick units subject to certain conditions. Pursuant to the order of the District Collector, the Secretary, Kadungallore Grama Panchayat has issued permits to the brick owners who have already stocked clay. In Kadungallore Panchayat only seven brick units are functioning. Enquiries revealed that in Alangad Village four brick units are working. The Additional Tahsildar, Paravoor has reported that stop memo has been issued to these brick units since they were excavating clay from the paddy field itself. The Revenue Divisional Officer, Fort Kochi has been directed to have special attention to Kadungallore Panchayat for curbing illegal excavation of clay from paddy field. The District Collector has taken all effective steps to curb the unauthorized operation of brick units and excavation of clay from paddy field.

(3.) It appears that the petitioner was constrained to file the present writ despite an order dated 15.2.1995 passed by the Revenue Divisional Officer restraining the digging of paddy land, against which the appeal filed was also dismissed on 24.2.1998, and also directions issued by this Court on 19.2.2001 as also the order passed by the 1st respondent dated 30.12.2005, the concerned authorities were not taking steps to stop manufacturing of bricks in the paddy field in the concerned area. The 1st respondent in the written statement filed has explained the position as to why it became necessary to give breathing time to the brick-kiln owners so that the clay collected by them for manufacturing brick is not wasted. As of now, it appears that there is no activity of manufacturing bricks in the concerned area. The petitioner, it appears, is satisfied with the steps taken by the respondents. Be that as it may, we also direct the respondents to ensure that no brick manufacturing would take place in the paddy fields in the concerned area after the clay collected by the brick-kiln owners has been consumed. It is understood that by now the brick owners must have consumed the clay and that being so, no further manufacturing of brick would take place in the paddy fields in the area under reference.