IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 1636 of 2010(D) ------------------------- PETITIONER(S): --------------- MELADY KARIMBU ULPADHAKA SAMITHI, REG.NO.255/2004, MELADY, MARAYOOR P.O., IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY MR.P.ARUMGHAM. BY ADV. SRI.D.ANIL KUMAR SRI.P.K.RAVISANKAR RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST PARYAVARAN BHAWAN, LODHI ROAD, NEW DELHI. 2. DEPUTY CONSERVATOR OF FOREST (CENTRAL) GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST REGIONAL OFFICE, SOUTHERN ZONE, KENDRIYA SADAN, 4TH FLOOR, E& F BUILDING, 17TH MAIN ROAD, KORAMANGALA, BANGALORE-560 034. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST AND WILDLIFE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. CHIEF CONSERVATOR OF FOREST (SPECIAL AFORESTATION AND NODAL OFFICER) FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 5. ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, MARAYOOR. ADV. SRI.S.JAMAL, CGC FOR R1-R2 GOVERNMENT PLEADER, SHRI K.SANIL KUMAR FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1636/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of January, 2010 J U D G M E N T The petitioner-Samithi is aggrieved by the delay on the part of the Central and State Governments in granting approval for strengthening the work of the existing canal, namely, the Nachivayal Canal. This irrigation canal is supplying water for the agricultural operations, especially, the Sugarcane farming which is wide spread over the area. The canal is maintained by the Minor Irrigation Department. The case of the petitioner is that a portion of the canal runs through the Marayoor Sandal Reserve Forest at a length of 720 metres, which is under the control of the Forest Department. 2. Because of natural causes, a portion of the canal which was being protected by earthen side bunds got destroyed and, proposals were made for the reconstruction of the said portion. Ultimately, the matter will have to be approved by the Government of India under the provisions of the Forest (Conservation) Act, 1980. Ext.P4 is the copy of the proposal. Ext.P5 is a communication forwarded by the Conservator of Forests to the Chief Conservator of Forests in this regard. Ext.P7 is an undertaking by the Minor Irrigation Department for remitting any other amount W.P.(C). No.1636/2010 -:2:- with regard to the said work to the Forest Department by collecting the same from the beneficiaries of the canal. 3. The learned Government Pleader on instructions submitted that the State Government has forwarded the proposal to the first and the second respondents by communication dated 20/01/2010. 4. Heard the learned Central Government Standing Counsel appearing for respondent Nos.1 and 2 also. What remains is final approval by respondent Nos.1 and 2 and, it is pointed out that the second respondent will have to take urgent action in the matter. Therefore, there will be a direction to the first and second respondents to see that final approval is ordered within a period of one month from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first and second respondents for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms