IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 DBA.No. 153 of 2002() --------------------- APPLICANT ---------- N.K.SUKUMARAN NAIR, PRASANTH, THOTTAPUZHASSERI, MARAMON, THIRUVALLA. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE TRAVANCORE DEVASWOM BOARD, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE POLLUTION CONTROL BOARD TRIVANDRUM, REPRESENTED BY ITS MEMBER SECRETARY. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT, TRIVANDRUM. 4. DR.P.SIVASANKARA PILLAI, MANAGING DIRECTOR, ENVIROCHEM LABORATORIES PRIVATE LIMITED ENGINEERS AND CONSULTANTS, 6TH FLOOR, COCHIN DEVASWOM BOARD BUILDING, TRICHUR-1. 5. ADDL.R5: KERALA WATER AUTHORITY, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. (ADDL.R5 IS IMPLEADED VIDE ORDER DATED 25/03/2004 ON I.A.797/2004) R1 BY SRI.U.K.RAMAKRISHNAN, SC, TDB R2BY SMT.K.K.THULASY BHAI,SC,POLLUTION CONTROL BOARD SRI.P.R.RAMACHANDRA MENON SRI.DINESH M. R3 BY GOVT.PLEADER SRI LAKSHMINARAYANAN R5 BY BABU VARGHESE, SC FOR KWA THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- D.B.A.NO.153 OF 2002 -------------------------------- Dated this the 22nd day of February, 2008 O R D E R Raman, J. In view of the fact that the master plan is already under consideration awaiting for implementation, the grievance of the petitioner will stand redressed after implementing the said master plan. However, if the grievance is not redressed, he can approach this Court at a later stage. D.B.A. is closed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. Dated this the 4th day of February, 2008 O R D E R Raman, J. This is a public interest litigation. The prayer made in this application is for a direction to respondents 1 and 3 who are the Travancore Devaswom Board and the State of Kerala to implement the various works contained in the master plan submitted by the Legislative Committee on a time bound basis and also for a direction to respondents 2 and 4, who are the State Pollution Control Board and the Managing Director, Envirochem Laboratories Pvt. Ltd. to furnish a detailed report in respect of the matters stated in the affidavit with specific suggestions for improvement of the Sewage Treatment at Pampa and Sannidhanam and for preventing the pollution of river Pampa. 2. It is stated that river pampa is catering to the needs of nearly 15 townships. There are 18 drinking water supply schemes which are served by the river pampa and pollution of the river thus affects lakhs of people in the towns in Kottayam, Pathanamthitta and Alleppey. Therefore immediate action is said to be required. It is also stated that though the Pollution Control Board was making some efforts to prevent pollution of the river water, no effective steps are being taken by them in the matter also. The lst respondent has filed a detailed statement on 25th October, 2003, wherein it is stated that the Government of India has granted its administrative approval and expenditure sanction for the proposed scheme for pollution abatement of river Pampa under the National River Conservation Plan (NRCP) at a total cost of Rs.18.45 crores to be shared in the ratio 70:30 by the Government of India as well as the State Government/Local Bodies respectively. Annexure-A is the letter issued by the Government of India informing the sanction accorded. Subsequently, a meeting was stated to have been convened at the instance of the State Minister for Irrigation in July, 2003. Minutes of such meeting is produced as Annexure-B. Subsequently, the Board addressed a letter to the State Government informing that the Board is willing to undertake implementation of the 7 works mentioned in Annexure-A provided the Government of India's contribution of Rs.11.313 crores is transferred and placed at the disposal of the Board and that the Board would complete the works by contributing 30% of the cost. Subsequently, another meeting was convened by the Minister for Irrigation on 17/9/2003 and after deliberations it was agreed that the Board will implement the works listed as items 1 to 7 providing 30% share contribution from them. It is also agreed that the Kerala Water Authority will be the Nodal Agency for the implementation of the Pampa Action Plan and that they would interact with the Government of India for funds and supervising the works. The 4th respondent has also filed a statement which supports the contention of the petitioner that the river Pampa is highly polluted during pilgrim season. Remarks was also filed by the Deputy Director of Local Fund Audit, wherein it is stated that the Secretary, Travancore Devaswom Board filed an affidavit in DBA.No.52/2004 seeking permission of this Court to approve Annexure- A estimate and to grant permission to the Board to proceed with the work relating to improvement of sewage treatment of Pampa and Sannidhanam and for preventing the pollution of river Pampa. It is further stated that the works could be sanctioned provided that the same is within the frame work of Master Plan prepared by the State Government for the development of Sabarimala. It is also pointed out in the affidavit filed by the Secretary, Travancore Devaswom Board that to put the works of construction of latrines and sweage collection tanks as approved by this Court in the order dated 2/4/2004 into execution, competitive tenders were invited. It was found that there was an intervention from the part of the Forest Department stating that prior sanction of the Ministry of Environment and Forest, Government of India is necessarily to be obtained for implementation of the scheme. Therefore, sanction may be accorded subject to obtaining of the sanction from the Ministry of Environment and Forest, Government of India. The Kerala Water Authority has also filed a statement stating that they will act as the nodal agency for implementation of Pampa Action Plan and the Travancore Devaswom Board will implement the works listed as items 1 to 7. The Kerala State Irrigation Department will implement item Nos.8 to 11. The department will provide share contribution for these items from their budget provision. They stated that there is no negligence on their part in implementing the Pampa Action Plan. Dated this the 4th day of February, 2008 O R D E R Raman, J. When the matter was taken up for consideration today, it is submitted by the Standing Counsel for the Devaswom Board that because of Annexure-A order passed by the Government of India, Ministry of Environment & Forests, no further sanction is required for implementation of the project. They also pointed out that DBA.No.52/2004 is pending consideration before this Court on the same issue. In the circumstances, post this matter along with DBA.No.52/04 on 21/2/2008. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. P.R.RAMAN& V.K.MOHANAN, JJ. ---------------------------- DBA.NO.153 OF 2002 ---------------------------- O R D E R 4th February, 2008