IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19425 of 2007(S) ----------------------------------- PETITIONER: ------------------- THE BHARATHAPUZHA SAMRAKSHANA SAMITHI, (REG. NO.781/90), REPRESENTED BY ITS SECRETARY INDINAR GOPI, S/O M.P.NARAYANA MENON, AGED 76 YEARS, RESIDING AT MANGALA, ADAKKAPUTHOOR P.O., PALAKKADU. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ---------------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF ENVIRONMENT & FOREST, PARAVARAN BHAVAN, LODHI ESTATE, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST & WILD LIFE, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, MANNARKADU. 4. SECRETARY, ALAKKAD DISTRICT PANCHAYATH, PALAKKADU. 5. DIRECTOR, INTEGRATED RURAL TECHNOLOGY CENTRE (IRTC), MUNDOOR P.O., PALAKKADU. R1 - BY ASST.SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR. R2 & R3 - BY SR/ GOVERNMENT PLEADER SMT.K.MEERA R4 - BY SRI.ASOK M.CHERIAN R5 - BY SRI.P.B.SAHASRANAMAN . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOGRAPHS SHOWING THE MEENVALLOM WATER FALLS. EXT.P2: .PHOTOCOPY OF MAP. EXT.P3: PHOTOCOPY OF FORM SEEKING APPROVAL. EXT.P4: PHOTOCOPY OF COST BENEFIT ANALYSIS. EXT.P5: PHOTOCOPY OF ORDER DT. 21/9/1999. EXT.P6: PHOTOCOPY OF ORDER DT. 22/12/2000. EXT.P7: PHOTOCOPY OF REPORT. EXT.P8: PHOTOCOPY OF REPRESENTATION DT. 21/7/2006. EXT.P9: PHOTOCOPY OF MEDIA REPORTS. EXT.P10: PHOTOCOPY OF CHAPTER 19 OF THE BOOK “ENVIRONMENTAL HEROS” EXT.P11: PHOTOCOPY OF CHAPTER 20. EXT.P12: PHOTOCOPY OF REPORT IN HINDU. EXT.P13: PHOTOCOPY OF REPORT. EXT.P14: PHOTOCOPY FO LETTER DT. 16/5/2008. EXT.P14(A): TRUE COPY OF ENGLISH TRANSLATION OF EXT.P14. EXT.P15: PHOTOCOPY OF GOVT. GAZETTE DT. 19/2/2008. EXT.P15(A): ENGLISH TRANSLATION OF THE ABOVE GAZETTE. EXT.P16: TRUE COPY OF G.O.RT.216/08/F DATED 25/4/2008. EXT.P16(A): ENGLISH TRANSLATION OF THE ABOVE GOVT.ORDER. EXT.P17: TRUE COPY OF AGREEMENT. EXT.P18: PHOTOCOPY OF LETTER DATED 13.5.2008. EXT.P18(A): ENGLISH TRANSLATION OF EXT.P18. EXT.P19: PHOTOCOPY OF REPORT PUBLISHED IN “NEW INDIAN EXPRESS” DT. 20/5/08. H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C).No. 19425 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 Judgment H.L. Dattu, C. J: Petitioner before us is an organization. In this petition, the petitioner organisation is seeking the following reliefs: “i) Issue a Writ of Certiorari to quash the approval orders dated 21/1/1999 and 22/12/2000 of the 1st respondent. ii) Issue a Writ of Mandamus directing the respondents to conserve, preserve and protect the Meenvallom Water falls and its environs in and around the Chennattu Nair Reserve forest. iii) Issue a Writ of Mandamus directing the respondents to desist from felling of any forest trees and destruction of the undergrowth and also desist from carrying on any blasting operations inside the dense forest and sand mining from Thoothapuzha. iv) Issue a Writ of Mandamus directing the respondents 2 to 5 to desist from implementing the Meenvallom Hydro Electric power project.” 2. This Court by its order dated 29th of May 2008 has passed the following order: WP(c).19425/2007. : 2 : “At the major initiative of the fourth respondent District Panchayath, Palakkad, a micro hydel project is being set up at Truppanadu puzha. The proposal is called `Meenvallom Project'. It is the contention of the petitioner that it is a reserved forest. It is included in the Nilgiris Biosphere Reserve. The project is expected to generate 8.75 million units of electricity per annum which will improve the voltage situation in major sections. Since it is only a mini project, according to the respondents, only minimum forest land is to be diverted. The total forest land required is only 1.15 hectares including constructed area, temporary road and submerged area. The Ministry of Environment and Forests and all other concerned authorities have given permission. It is also stated in the affidavit filed by the fifth respondent that there will be no construction of bridge across the stream as part of this project and it will not cause any damage to rest of the forest. No quarrying or crushing operations will be carried within the forest area. Prima facie, we are of the opinion that Government has started the mini project with the consent of statutory authorities and area required is only 1.15 hectares (about three acres) and sufficient safeguards are done to protect forest wealth. It is true that about 535 trees are to be cut, but, considering the larger interest, we are of the WP(c).19425/2007. : 3 : opinion that if the project is further delayed, there will be escalation of cost and it is not proper for this court to grant interim stay in the matter. This court also cannot put block in all development activities on public interest litigations except in compelling circumstances. Project proposed more than a decade ago is already delayed and in these circumstances, we are not inclined to pass a stay order at present. At the same time, Government should see that except 1.15 hectares of forest land mentioned specifically in the counter affidavit, no other forest area is encroached and forest is not damaged. Government shall also endeavor to plant such number of trees elsewhere instead of the trees cut from the proposed area, so that forest wealth is not lost. Government is also directed to file a detailed counter affidavit.” 3. In our opinion, the interim orders passed by this court itself is a final order. 4. We have also perused the counter affidavit filed by the respondent. Having seen the interim order and the counter affidavit filed by the respondent, WP(c).19425/2007. : 4 : in our opinion, except the relief granted in the interim direction dated 29th of May 2008, no other relief can be granted to the petitioner in this petition. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.