IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 W.P.(C).No. 735 of 2008(S) PETITIONERS: 1. KARSHAKA RAKSHA SAMITHI,ERNAKULAM REPRESENTED BY ITS CHAIRMAN T.R.S.NAMBOODIRIPAD KARSHAKA RAKSHA SAMITHI,ERNAKULAM. 2. N.KRISHNAMOORTHY,CHAIRMAN, KARSHAKA RAKSHA SAMITHI, KOTTAYAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: 1. UNION OF INDIA ,REPRESENTED BY SECRETARY TO GOVERNMENT MINISTRY OF ENVIRONMENT AND FOREST NEW DELHI. 2. SECRETARY TO GOVERNMENT MINISTRY OF RAILWAYS,GOVERNMENT OF INDIA NEW DELHI. 3. THE CHIEF CONSERVATOR OF FORESTS MINISTRY OF ENVIRONMENT AND FORESTS REGIONAL OFFICE, KENDRIYA SADAN 4TH FLOOR ENVIRONMENT AND FOREST WINGS 17TH MAIN ROAD II BLOCK,KORAMANGALA, BANGLORE 560 034. 4. THE GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI 600 003. 5. THE CHIEF ENGINEER CONSTRUCTION SOUTHERN RAILWAY, THYCAUD THIRUVANANTHAPURAM 695 014 6. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENTOF ENVIRONMENT SECRETARIAT, THRIVANANTHAPURAM. W.P.(C).No. 735 of 2008(S) :: 2 :: 7. THE MEMBER SECRETARY, CENTRAL EMPOWERED COMMITTEE CONSTITUTED BY THE HON'BLE SUPREME COURT OF INDIA, ROOM NO.106, PARYAVARAN BHAVAN, C.G.O. COKJPLEX, LODI ROAD, NEW DELHI-3. Addl.R8. SRI.P.M.ISMAIL, ADVOCATE PANAKKAL HOUSE, MUDAVOOR-P.O. VAHAPPILLY KARA, VELLOOR KUNNAM VILLAGE MUVATTUPUZHA Addl.R9. SRI.BABU PAUL, M.L.A. VENGASSERIL HOUSE, THRIKALATHOOR-P.O. (Additional respondents 8 and 9 are impleaded as per order dated, 9-4-08 in I.A.3002/08 ) Addl.R10. KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENTS, SASTRA BHAVAN PATTOM, THIRUVANANTHAPURAM REPRESENTED BY EXECUTIVE VICE PRESIDENT KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENTS SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM Addl.R11. KERALA FOREST RESEARCH INSTITUTION PEECHY, THRISSUR DIST. REPRESENTED BY THE DIRECTOR, KERALA FOREST RESEARCH INSTITUTION PEECHY, THRISSUR (Additional respondents 10 and 11 are impleaded as per order dated, 18-8-09 in I.A.5231/08 ) Addl.R12. JOSE MATHEW, S/O V.J.MATHEW AGED 45, VALLIKKAPPIL HOUSE ARUVITHARA P.O. ERATTUPETTA Addl.R13. P.T.JOSEPH, S/O THOMAS, AGED 58, PUTHUPARAMBIL HOUSE VEIL KANAPARA, ERATTUPETTA (Additional respondents 12 and 13 are impleaded as per order dated, 18-8-09 in I.A.10112/09 ) Addl.R14. P.C.GEORGE,M.L.A. PONJAR, S/O CHACKOCHAN AGED 48, PLATHOTTATHIL HOUSE CHERUNILAM KARA, ERATTUPETTA VILLAGE MEENACHIL TALUK W.P.(C).No. 735 of 2008(S) :: 3 :: Addl.R15. N.JARARAJ, M.L.A. VAZHOOR, AGED 53 S/O K.NARAYANAKURUP ENTHEEVARAM, CHAMPAKKARA-P.O. KARUKACHAL, CHANGANASSERY Addl.R16. ADV.MOHAN THOMAS DISTRICT PANCHAYATH MEMBER PONJAR DIVISION S/O K.S.THOMAS, AGED 34 KANIYAMKUNNEL, ERATTUPETTA VILLAGE CHERUNILAM KARA, MEENACHIL TALUK (Additional respondents 15 and 16 are impleaded as per order dated, 18-8-09 in I.A.10423/09 ) ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 TO 3 SPECIAL G.P. SRI.M.P.PRAKASH SRI.K.SURENDRA MOHAN FOR ADDL.R SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE FOR R2,4 & 5 SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R4 & 5 SRI.S.M.PREM FOR ADDL.R9 SMT.K.P.SANTHI FOR ADDL.R9 SRI.S.DILEEP FOR ADDL.R SRI.K.PAUL KURIAKOSE FOR ADDL.R SRI.K.S.MADHUSOODANAN FOR ADDL.R12-13 SRI.K.B.SUJAI KUMAR FOR ADDL.R12-13 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR ADDL.R12-13 SRI.THUSHAR NIRMAL SARATHY FOR ADDL.R12-13 SRI.M.M.VINOD KUMAR FOR ADDL.R12-13 SMT.K.M.RAMYA FOR ADDL.R12-13 SRI.K.S.MADHUSOODANAN FOR ADDL.R14 TO 16 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 735 of 2008(S) :: 1 :: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the project report furnished to the 2nd petitioner along with letter dated 12.2.2007. Ext.P2: True copy of the details of land requisition for Angamali- Sabarimala D.G.Group and true English Translation of the same. Ext.P3: True copy of the proceedings titled Eco vision 2006 prepared on the basis of UGC Sponsored Seminar on “Disappearing Hillocks of Kerala and its ecological impact” Ext.P4: True copy of the order dated 6.3.2006. Ext.P5: True copy of EIA notification dated 29-2-2001 issued as per S.O.85(E) dt.29.2.1991 Ext.P6: True copy of the EIA notification dt.27-1-1994 with amendments. Ext.P7: True copy of EIA notification dated 14-9-2006. Ext.P8: True copy of the represented dated 2-7-2007 submitted by 2nd petitioner. Ext.P9: True copy of reply dated 7-9-2007. Ext.P10: True copy of representation dated 29-9-2007 submitted by the 2nd petitioner before the Chief Engineer, Construction, Southern Railway, Thycaud, Thiruvananthapuram. Ext.P11: True copy of the representation dated 5.11.2007 submitted by 2nd petitioner and Sri.Gopalakrishnan Nair. Ext.P12: True copy of the representation dated 23-7-2007 filed by 2nd petitioner. Ext.P13: True copy of the representation dated 6-9-2006. Ext.P14: True copy of the representation dated 22-10-2007. Ext.P15: True copy of the report on Sabarimala conducted by Rajan Gurukkal. W.P.(C).No. 735 of 2008(S) :: 2 :: Ext.P16: True copy of the conclusions Recommendations and Environmental Impact Statement arrived at / made by Kerala Forest Research Institute, Peechi Through its Scientist Dr.S.Sankar. Ext.P17: True copy of the conclusions Recommendations and Environmental impact statement arrived at/made by Kerala Forest Research Institute, Peechi through its Scientist Dr.S.Sankar. Ext.P18: True copy of the letter dated 13-2-2008. Ext.P19: True copy of the letter dated 2-4-2008. Ext.P20: True copy of the letter dated 26-4-2008. Ext.P21: True copy of the letter dated 20-11-2008. Ext.P22: True copy of the letter dated 6-6-2009 together with English translation. Ext.P23: True copy of the registration certificate bearing No.ER 90/07. Ext.P24: True copy of the byelaw of the society as submitted for registration along with covering letter dated 14-2-2007. Ext.P25: True copy of the passport pertaining to the 2nd petitioner. Ext.P26: True copy of the representation dated 25-10-2006 submitted by Action Council of the victims of Angamali-Azhutha Railway, Kottayam. Ext.P27: True copy of the representation dated 12-5-2007 submitted by gramina vikasana Samithi, Kottayam. Ext.P28: True copy of the representation submitted by Angamaly Azhutha Railway Action Committee, Pala. Ext.P29: True copy of the minutes of the meeting held under the Chairmanship of Hon'ble Chief Minister. Ext.P30: True copy of the report dated 16-8-2008 submitted by District Collector Kottayam along with covering letter dated 2-12- 2008. W.P.(C).No. 735 of 2008(S) :: 3 :: RESPONDENT'S EXHIBITS: Ext.R2(a): Photocopy of the letter dated 2-8-2001 of Shri.Krishnamoorthy Narayanan to Mr.P.C.Thomas, M.P.Moovattupuzha. Ext.R2(b): Phtocopy of letter dated 2-8-2001 of Shri.Krishnamoorthy Narayanan to Executive Engineer, Railway, Moovattupuzha, along with English translated version. Ext.R2(c): Photocopy of complaint submitted by Section Engineer (Wprks), Southern Railway, Muvattupuzha to the Inspector of Police, Pala, vide No.271/CN/MVPA/Vol.II. dated 27.3.2007. Ext.R2(d): Photocopy of news report appeared in Malayala Manorama daily dated 28-3-2007, with English translated version. Ext.R2(e): Photocopy of railway board's letter No.93/W1/Survey/SR/11 dated 7-1-2004 addressed to the Chief Administrative Officer/Con., Southern Railway, Chennai. Ext.R2(f): Photocopy of Fax Message vide No.2877/A2/09/Env, dated 25-2-2009 of the Secretary to Government to the Executive Engineer, Construction, Southern Railway, Muvattupuzha. Ext.R2(g): Photocopy of the Minutes of the meeting held in the presence of the Chief Minister of Kerala on 20-1-2009. Ext.R8(a): Photostat true copy of the representation dated 28-7- 2006 by the 2nd petitioner to the member of Parliament, Muvattupuzha against the acquisition for Railway line. Ext.R8(b): Photostat true copy of reply dated 7-10-2006. Ext.R8(c): Photostat true copy of the location of the residential building of the 2nd petitioner effected by the acquisition for the railway line marked in working plan. Ext.R8(d): Photostat true copy of complaint by the Section Engineer (Works), filed on 27-3-2007 before the Inspector of Police, Pala. Ext.P8(e): Photostat true copy of Communication dated 15-9-2007 of the Asst.Executive Engineer, Construction, Muvattupuzha. // True copy // P.A. to Judge jes S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.735 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August 2009 JUDGMENT Bannurmath, C.J. This writ petition is filed challenging the proposed Angamali-Azhutha Railway Line, mainly on the ground that the project is formulated and proposed without conducting proper Environmental Impact Assessment. 2. After hearing counsel on both sides and perusing Environmental Impact studies said to have been conducted by the Kerala Forest Institute, instead of going into the details of the arguments of both sides, we propose to direct respondents 1 and 2 to consider the comprehensive representation to be made by the petitioners and all the interested persons within four weeks from today. After filing of the comprehensive representation and documents, if any, respondents 1 and 2 shall consider the same within three months thereafter. Respondents 1 and 2 are at liberty to constitute Experts Committee, if necessary in this regard and take up proper decision within the time frame indicated. Writ petition is disposed of as above. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes