IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 5784 of 2010(W) ------------------------- PETITIONER: --------------- INSTRUMENTATION LTD., KANJIKODE WEST- 678 623, PALAKKAD. REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.E.K.MADHAVAN SRI.V.KRISHNA MENON RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, (FOREST & WILD LIFE) THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS & CUSTODIAN, OFFICE OF THE CHIEF CONSERVATOR OF FOREST (WILD LIFE), THIRUVANANTHAPURAM. 3. THE FOREST RANGE OFFICER, WALAYAR, PALAKKAD. SPECIAL GOVERNMENT PLEADER SHRI.K.SANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5784 of 2010 ------------------------------------------------ Dated this the 10th day of March, 2010 JUDGMENT Instrumentation Ltd. is a Government of India Undertaking incorporated as a Company under the Companies Act 1956 with registered office at Kota in the State of Rajasthan. It is having one of its units in Palakkad. The annual turn over is Rs.100 crores. The grievance raised by the petitioner is against Ext.P2 by which the petitioner is prevented from construction activities or cutting of trees or other activities in any portion of the property as the same has been included in the notification under Ecologically Fragile Land Act. 2. According to the petitioner, the State Government had acquired and handed over to Instrumentation Limited an extent of 586.11 acres in Sy.No.37/2 in Pudussery West Village for the purpose of setting up of precision Instrumentation Project at Palakkad in 1964. The commercial production was started in the year 1974. 3. The company has established the industrial units in the public sector and its activities are explained in paragraph 3 and 4 of the writ petition. 4. The petitioner points out that the petitioner was not informed at any point of time prior to issuance of notice W.P.(C)No.5784 of 2010 2 evidenced by Ext.P2 that certain extent of property in it's possession is classified as ecologically fragile land. After receipt of Ext.P2 petitioner made enquiry about the notification dated 20/10/2000. Ext.P3 is the copy of the notification dated 20/10/2000. 5. The petitioner contend that in notification issued as regards the petitioner's property is without recognising the ground realities and the fact that the industrial units of the petitioner are functioning there. 6. The petitioner had given away properties for setting up of United Breweries, Fluid Control Research Institute, Cancer Detection Centre, Kendriya Vidyalaya School, Gramalakshmi Mudralaya which is a printing press of the State Government and also for the construction of a Kalyanamandapam by Pudussery Panchayat. The District Collector had resumed an extent of 59.0840 hectares from the petitioner and handed over it to the General Manager, District Industries Centre, Palakkad for developing the land for industrial purposes. This was ratified by the Government by Ext.P4. Actually at present the petitioner is having ownership and possession of only 55.5632 hectares (equivalent to 138 acres) in Block 35, Sy.No.37/2 of Pudussery W.P.(C)No.5784 of 2010 3 West Village. The petitioner's factory and township is situated in the said property. The petitioner has mentioned that there are other industries and institutions like the Fluid Control Research Institute, Precot Meridian Textile Mill, etc. very near to the petitioner's industrial establishment. 7. It is also mentioned that 12.35 acres have already been earmarked for the purpose of the Rail Coach Factory which is evidenced by Ext.P5. It is in these circumstances, the petitioner challenges Ext.P2. 8. Heard the learned Government Pleader appearing for the respondents. It is pointed out that the petitioner's remedy is only to approach appropriate authorities under the Act or the High Power Committee constituted as per G.O.27/96 dated 23rd August, 1996. 9. Along with I.A.3353 the petitioner has produced copy of notification dated 17/2/2010 whereby the custodian under the Ecologically Fragile Lands Act has exempted from the notification an area of 5 hectares from the purview of the notification. The learned counsel for the petitioner submitted that the petitioner may be allowed to move the custodian itself, who is the second respondent herein for appropriate orders. The W.P.(C)No.5784 of 2010 4 learned counsel for the petitioner also prayed that as various construction activities are going on, the petitioner may be allowed to continue them subject to the orders to be passed by the Custodian or may be allowed to move Custodian itself for getting such orders. The petitioner can file appropriate application before the second respondent seeking to invoke the provisions under Section 19(3)(b) of The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. The second respondent will consider the same and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioner seeks for permission for making construction for the concerned activities of the unit, the second respondent will consider the same and pass appropriate orders within a period of two weeks after hearing the petitioner. The petitioner will produce the copy of the writ petition along with the copy of the judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj