IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 10262 of 2007(S) -------------------------------------- PETITIONER: ------------------- NIYAMAVEDI, REP.BY ADV.SAJIV.C.KRISHNAN, S/O.C.R.KRISHNAN, AGED 30 YEARS, BLOCK NO.949, BALAGRAM P.O., 3RD CAMP, IDUKKI DISTRICT. BY ADVS. SRI.A.X.VARGHESE, SRI.JOJO A.V. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP.BY SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. 2. ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, NENMARA BLOCK PANCHAYATH, NENMARA. 3. NELLIYAMPATHY GRAMA PANCHAYATH, REP.BY ITS SECRETARY, NELLIYAMPATHY. 4. C.KANDANKUTTY, P.W.D. CONTRACTOR, CHORAKKODE, PERUVAMBA, PALAKKADU DISTRICT. *ADDL.R5 IMPLEADED: 5. THE SECRETARY, DISTRICT PANCHAYATH, PALAKAKDU. * IS IMPLEADED AS PER ORDER DATED 22/01/2009 IN I.A. NO. 5606/2007. R2 BY GOVERNMENT PLEADER SMT. MEERA, R1 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G., ADVS. SRI.M.P.VIJAYAN, SRI.P.V.SURENDRANATH, SRI.P.V.DIPU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10262/2007-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: PHOTOGRAPHS SHOWING THE BLASTED ROCKS AND THE SAND MINING. EXT.P.2: COPY OF THE REPORT TO ACCOMPANYING THE AGREEMENT DTD. 15/01/2007. EXT.P.3: COPY OF THE ESTIMATE PREPARED BY THE R.2. EXT.P.4: COPY OF THE PROJECT REPORT FOR THE CONSTRUCTION OF KARAPPARA BRIDGE PREPARED BY THE R.2. EXT.P.5: PHOTOGRAPHS OF THE PROPOSED SITE. RESPONDENTS' EXHIBITS: EXT.R3.A: PHOTOGRAPH SHOWING ADIVASI WOMAN DIED THEY HAVE TO CROSS THE RIVER CARRYING THE DEAD BODY ON POLES. EXT.R4.A: COPY OF THE AGREEMENT ATTACHING SCHEDULE OF WORK TO BE COMPLETED, DTD. 15/01/2007 WITH DISTRICT GRAMA PANCHAYATH. EXT.R4.B: COPY OF THE DETAILED APPROVED SKETCH PLAN OF THE PROJECTED BRIDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.P.(C) No. 10262 of 2007 S ---------------------------------------- Dated this the 22nd day of January, 2009 Judgment Koshy, Ag.C.J. This petition is filed questioning the proposed construction of Karappara Bridge. It is the case of the petitioner that because of the construction, there will be felling of forest trees, blasting of rocks and illegal sand mining. Counter affidavits are filed by the third respondent panchayat and fourth respondent contractor stating that he is a contractor entrusted by the Public Works Department. The proposed bridge project is approved by the District Panchayat, District Planning Committee etc. and the bridge is necessary for the use of Adivasis and it is an urgent need. This project is of a small size and it will not affect the forest as stated by the petitioner and no blasting of rocks is necessary. It is also submitted that no forest trees will be cut. According to the learned counsel for the petitioner, there is violation of section 2 of the Forest Conservation Act, 1980. Recording the undertaking that no forest trees will be cut, that no blasting will be conducted and that no illegal sand mining will be done in the river, we dispose of the writ W.P. © No.10262/2007 2 petition directing the forest authorities to take appropriate action if any of the Forest Act or Rules are violated. We cannot stop developmental activities like the bridge project in a writ petition on mere allegagtions. The writ petition is disposed of with the above observations. J.B.Koshy Acting Chief Justice V. Giri Judge vaa