No.2-3/2010-IA-III Government of India Ministry of Environment and Forests (IA-III Division) ORDER

Transcription

1 No.2-3/2010-IA-III Government of India Ministry of Environment and Forests (IA-III Division) ORDER Most Urgent Supreme Court Matter By speed post Paryavaran Bhavan, CGO Complex, Lodi Road New Delhi Dated the 6 th October, 2010 Sub: Violation of Coastal Regulation Zone Notification,1991 by Pappinissery Eco-Tourism Society, Kannur - the Orders of the Hon ble Supreme Court in Special Leave to Appeal (Civil) No(s) of 2010 filed by Union of India Vs Pappinissery Eco Tourism Society and Ors - regarding. 1. Whereas, the Hon ble Supreme Court in its Orders dated 31 st August, 2010 in Special Leave to Appeal (Civil) No(s) of 2010 filed by Union of India Vs Pappinissery Eco Tourism Society and Ors directed the Additional Director, Ministry of Environment and Forests to hear M/s Pappinissery Eco Tourism Society and dispose the matter in accordance to law giving reasons. 2. Whereas, Dr. A. Senthil Vel, Additional Director, Ministry of Environment and Forests issued notices informing the hearing to be held on 20 th September, 2010 in Ministry of Environment and Forests to Shri N. Unnikanan, President and Shri A. V. Ajay Kumar, Vice President, M/s Pappiniserri Eco Tourism Society vide letter No.2-3/2010-IA-III, dated 3 rd September, Whereas, a letter was also issued to Mr. V. K. Balakrishnan, District Collector, Kannur requesting him to deliver the notice and the copy of the Orders of the Hon ble Supreme Court in the above matter to Shri A. V. Ajay Kumar vide letter No.2-3/2010- IA-III, dated 3 rd September, Whereas, Chairman, Kerala State Coastal Zone Management Authority was also requested vide letter No.2-3/2010-IA-III dated 3 rd September, 2010 to be present during the hearing to be held on 20 th September, Whereas, Dr. S. K. Susarla, Director, Ministry of Environment and Forests, Regional Office, Bangalore was also requested to be present during the hearing and

2 explain the report that she had submitted to the Ministry in compliance to the Directions issued by the Ministry vide letter No.2-3/2010-IA-III, dated 14 th July, Whereas, the hearing took place at 10:30A.M. on 20 th September, 2010 in Conference Room No.402, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi The Additional Director heard Dr. S. K. Susarla, who had led the team to the site based on the Directions of the Ministry issued vide letter No.2-3/2010-IA-III, dated 14 th July, Whereas, Dr. Susarla indicated that the report that was submitted to the Ministry vide letter No.EP/12.8/MIN/ /7356, dated 17 th June, 2010 is factually correct. 8. Whereas, M/s Pappinisseri Eco Tourism Society was represented by Shri P. B. Sahasranaman, Advocate, Shri. A.V. Ajay Kumar, Vice President and Shri P. U. Shailajan, Advocate and were permitted to make their submissions. Shri Sahasranaman informed that Society had sent their written submissions by speed post to the Ministry. As it was not received by the Ministry, the copy of the written submissions were provided during the hearing. 9. Whereas, Shri Sahasranaman presented his version mentioning the events and issues that took place with regard to the development of the mangrove park at Pappinisseri by the Society. His oral submissions made, were covered in the written submissions. During the hearing Shri Sahasranaman mentioned that some more time needs to be given to the Society to provide additional information. 10. Whereas, this request was agreed and four more days time that is upto 24 th September, 2010 to all parties was given to submit any additional information including those that were sought during the hearing. Accordingly, letters were issued vide letter No.2-3/2010-IA-III, dated 21 st September, 2010 to the Society and KSCZMA. 11. Whereas, Dr. Kamalakshan Kokkal, Member Secretary, representing the KCZMA indicated that the report submitted by KSCZMA vide their letter dated is factually correct and is in accordance with the Coastal Regulation Zone (CRZ) Notification 1991 and approved Coastal Zone Management Plan of Kerala. 12. Whereas, the additional information was received from Society on and from KSCZMA on Taking into account the facts provided by M/s Pappinisseri Eco Tourism Society, KCZMA and Dr S.K. Susarla, Director, Ministry of Environment and Forests, Regional Office, Bangalore, the Additional Director has prepared the report dealing with submissions of the society and the reasoning, which is annexed at Annexure I. 13. Whereas, Ministry of Environment and Forests had issued a letter to the Chief Secretary, Government of Kerala on 15 th September, 2010 requesting to instruct concerned officers in the Government of Kerala to ensure that the Orders of the Hon ble Supreme Court are complied with.

3 Now, therefore, in accordance to the Orders of the Hon ble Supreme Court in Special Leave to Appeal (Civil) No(s) of 2010 filed by Union of India Vs Pappinissery Eco Tourism Society and Ors, as per Rule 4(4) of The Environment (Protection) Rules,1986, taking into consideration the written submissions and the additional information provided by the Society, Report and additional information submitted by KSCZMA, the Report of Dr. S. K. Susarla and based on the conclusions drawn from the above information, which indicates that M/s Pappinissery Eco Tourism Society have violated the provisions of the CRZ Notification 1991 and the approved CZMP of Kerala dated , by destroying mangroves, undertaking constructions in the CRZ (I), affecting the sensitive/endangered flora and fauna and affecting the natural flow of the tidal waters of the area, by constructing and operating the mangrove park, the following directions are hereby given in accordance with Section 5 of Environment (Protection) Act, 1986 read with Rule 4 of the Environment (Protection) Rules, 1986 :- (i) The Report submitted by Dr. S. K. Susarla, Director, Regional Office, Bangalore vide letter No.EP/12.8/MIN/ /7356, dated 17 th June, 2010 and Kerala State Coastal Zone Management Authority are in order. M/s Pappinisseri Eco Tourism Society have undertaken development in violation of Coastal Regulation Zone Notification, Hence, the President and office bearers of the Pappinissery Ecotourism Society in general, and Shri A. V. Ajay Kumar, Vice President in particular,near Pappinissery Panchyath Office,P.O Pappinissery, Kannur, Kerala will stop all activities/developments relating to the construction and operation of the mangrove theme park at Pappinissery Panchyat, Kerala as the said area falls in CRZ (I) and under the CRZ Notification 1991 such activities are not permissible. (ii) M/s Pappinisseri Eco Tourism Society shall withdraw the brochure titled THE PAPPINISSERI ECO TOURISM SOCIETY with immediate effect as the information contained in the brochure are misleading to the public since such construction/activities cannot be undertaken in the CRZ I(i) area. The Society shall to give wide publicity in the local newspapers regarding the withdrawal of the brochure. (iii) KSCZMA and Centre for Earth Science Studies, Thiruvananthapuram shall assess the destruction/damages carried out by M/s Pappinisseri Eco Tourism Society using time series satellite images and the details of destruction including the cost involved for bringing back the original status may be worked out from the date of receipt of this Order. A report in this regard shall be submitted to Ministry of Environment and Forests within three months from date of receipt of this Direction. (iv) The KSCZMA shall take necessary action for restoration of the area to bring it back to the original status. All cost for dismantling the existing infrastructures which has been constructed in violation of Coastal Regulation Zone Notification, 1991 and restoration shall be borne by M/s Pappinisseri Eco

4 Tourism Society. An action plan in this regard shall be prepared and submitted to Ministry within two months from the date of receipt of this Direction. (v) Further, KSCZMA has indicated that the said site and the adjoining areas, are habitats of several endangered species like turtles, birds, etc., which are listed in Schedule-I of the Wildlife Protection Act. Hence, KSCZMA shall examine if the Society has also violated the Wildlife Protection Act. If so, necessary action needs to be initiated in accordance with the said Act. (vi) The State Government of Kerala shall enquire into the matter if the Society was operating the park in violation of the Orders of the Hon ble Supreme Court and if so necessary action needs to be initiated in accordance with law. (vii) In the Report provided by KSCZMA there are several violations of Coastal Regulation Zone Notification, 1991 being carried out in the state of Kerala including in and around the mangrove theme park. The KSCZMA shall ensure that activities in such Coastal Regulation Zone area are immediately stopped and necessary action initiated in accordance with Environment (Protection) Act, 1986 within two months from date of receipt of this Direction. (i) The Society has indicated there large scale dumping of solid waste is observed in the mangrove areas of the site. As per para 2(vi) of the Coastal Regulation Zone Notification, 1991, dumping of city and town waste is prohibited activity. The Kerala State Coastal Zone Management Authority shall ensure that the above is complied and an action plan in this regard shall be submitted to the Ministry within 3 months from date of receipt of this Direction. (viii) KSCZMA shall take all necessary action to map the mangrove areas including such ecologically sensitive areas in Kerala through reputed scientific institutions and give wide publicity through print and electronic media including hosting on the website of KSCZMA. This action shall be completed within three months from the date of receipt of this Direction. In case, the above Directions are not complied with, the Ministry will be constrained to initiate action under Section 15 of the Environment (Protection) Act, These directions issues with the approval of the Competent Authority. Encl s: As above (Dr. A. Senthil Vel) Additional Director To, 1. Shri A. V. Ajay Kumar,

5 Vice President, The Pappinissery Ecotourism Society, Near Pappinisseri Panchayath Office, P.O.Pappinisseri,Kannur,Kerala Chairman, Kerala State Coastal Zone Management Authority (KCZMA), Government of Kerala, Science, Technology and Environment, Department Sasthra Bhavan, Pattom, Thiruvananthapuram-4.