VILANGANKUNNU SAMRAKSHANA SAMITHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, espousing the cause of preserving nature and ecology, seek to quash Ext. P2 order of first respondent, according sanction to lease out an extent of 1.5380 hectares of land in Survey Nos. 544/1 and 545/2 of Puranattukara Village, Trichur in favour of fifth respondent. It is submitted that several persons of prominence in public life, including a former Chief Minister of Kerala, Professors, and other leading citizens are members of the petitioner association. According to petitioners, Vilangan Hill in its sylvan settings is one of the rare and beautiful places, left untouched by the predatory hands of man, or mindless rampage in an industrial society. Counsel would submit that the greenary and the hills, are like a jewel of emerald in the fair bosom of nature. This hill has also strategic importance, it is averred. This is said to be a place resorted to by villagers and school children on picnic. Counsel submits that this hill has become part of legends and life of the village.

(2.) It would appear that various agencies had been trying to interfere with nature in her isolation, and this should not be permitted for reasons more than one. Counsel submits that even the Government had realised this, and rejected a claim made by Sree Ramakrishna Mission for allotment of land on the hill. The rejection was on the ground that no land was available for assignment/lease. Thereafter, the Kerala Cancer Society - fifth respondent, and the Amala Cancer Hospital - sixth respondent, approached the Government with a request to assign land for construction of residential quarters for patients. The Government, by Ext. P2 accorded sanction to lease 1.5380 hectares of land to fifth respondent society. Petitioners would say that, if roads are built and construction activity undertaken, it will upset the ecological balance and deprive one of the few green belts left. It is also stated that area suitable for the use of fifth and sixth respondents could be found elsewhere, leaving the Vilangan Hill to repose in its pristine serenity.

(3.) Counsel for the Kerala Cancer Society, the Hospital and the Government Pleader submitted that soil erosion might take place unless construction activity is resorted to. Industrial or construction activity is not the panacea for soil erosion. Woods and greenery may be. Apart from their ethereal magic and loveliness, that makes life a great experience, they preserve ecology and sustain life. Mr. Laster Brown, President of 'World Watch Institute of International Environmental Institute' has advocated a global action plan to develop new energy strategies, expand forest cover and enhance food security. According to him, the devastating floods in 1988 in Bangladesh, India, Sudan and Thailand are evidence of loss of forest cover in developing countries. Mr. Brown and other environmentalists called for massive efforts at afforestation to meet the economic and environmental preservation of Third World Countries. Planting trees on an additional 130 Million Hectares in Third World Countries and 40 Million Hectares in industrial countries, and reducing the rate of deforestation are found essential to sustain healthy conditions and reduce world wide carbon emission. Incidentally, deforestation and like activities have caused a fall of 14 per cent grain production since 1984, reducing the level of global food production to the levels of 1970. Desertification and diminished water resources are other consequences of deforestation. Surveys have shown that the phenomenon of desertification is evident in some border districts of the State. Scientists have identified management of water resources, as a challenging problem of 21st century. A vigilant ecological audit, is the basic need of our times. It is not the Himalaya or Ganga, Sahyadri or Kauveri that alone are dear to our hearts. Every inch of good earth throbs with the pulse of life. A new ethoes must prevail.