Case: Association For Enviornment Protection Vs. State Of Kerala

or otherwise affect the environment and ecology of the area. 17. We have considered the respective arguments and scrutinized the record. On 13.1.1978, the Government of Kerala accepted the recommendations made by the State Committee on Environmental Planning and Coordination and issued an order, which was published in Official Gazette dated 7.2.1978 for review and assessment of environmental implications of various projects. The relevant portions of that order are reproduced below: “In the light of the recommendation of the State Committee on Environmental Planning and Co-operation in their second meeting held on 23.7.1977, Government are pleased to order as follows:1. All development schemes costing Rs.10 lakhs and above will be referred to the Committee on Environmental Planning and Co-ordination for review and assessment of environmental implications in order to integrate environmental concerns and the clearance of the committee will be obtained before the scheme share sanctioned and taken up for execution.2. In the case of projects costing Rs.25 lakhs and above the Department concerned will while referring the projects for review and clearance by the committee furnish detailed and comprehensive environmental impact statement for the project prepared with the help of experts.3. In the case of schemes costing less than Rs.10 lakhs, the Environmental implication will be assessed by the concerned department in the light of guidelines formulated by the committee and the concerned department will be responsible to ensure that suitable remedial measures for protecting the environment are incorporated in the scheme itself before the schemes are sanctioned and taken up for implementation. If the department concerned feels certain that with the safeguards provided in the scheme, the ecological stability and purity of environment will be maintained they can go ahead with the scheme without reference to the committee. Doubtful cases will however be referred to the committee for clearance.By order of the Government.SD/-P.K.RajasekharanNairUnder Secretary.” 18. By G.O. dated 20.5.2005, the State Government accorded administrative sanction for renovation and beautification of Manalpuram Park and construction of a restaurant at Aluva at an estimated cost of Rs.55,72,432/-. That order reads as under: “GOVERNMENT OF KERALAAbstractDepartment of Tourism -Working Group on Plan Schemes - Renovation of Manalppuram Park and construction of Restaurant at Aluva - Administrative Sanction accorded – Orders issued.TOURISM (A) DEPARTMENTG.O.(Rt) No.3974/05/GAD. Dated, Thiruvananthapuram20.05.2005Read:Letter No.C2-22446/04, dated 11.04.2005 from theDirector, Department of Tourism, Thiruvananthapuram.ORDERThe Aluva Manalppuram is a significant pilgrim centre as well as tourism spot. The Aluva Manalppuram is famous for Shivarathri celebrations. The pilgrims visiting Kalady, the birthplace of Shri Shankaracharya include this spot also in the schedule of visit. The Director, Department of Tourism as per the letter read above has forwarded a proposal submitted by the District Collector and Chairman, DTPC, Ernakulam for the renovation of the Manalppuram Park and construction of Restaurant at Aluva and has requested for Administrative Sanction for the project at an estimated cost of Rs.55,72,432/- as detailed below.1. Beautification of Manalppuram Park Rs.24,10,421/-2. Construction of Restaurant Rs.3l,62,011/-TOTAL Rs.55,72,432/-The Working Group that met on 29.04.2005 considered the proposal of the Director, Department of Tourism and approved it. Sanction is therefore accorded for the Project for the renovation of Manalppuram Park and construction of Restaurant at Aluva at an estimated cost of Rs.55,72,432 /- (Rupees Fifty Five Lakhs Seventy Two Thousand Four Hundred and Thirty two only) .The expenditure on this account will be met from the head of account “3452-80-800-90(29)-Upgradation and creation of infrastructure facilities at Tourist Centres (Plan)”. The work will be executed through DTPC, Ernakulam and will be completed within a period of six months.By Order of the GovernorD. Saraswathy Amma,Deputy Secretary.” 19. There is nothing in the language of G.O. dated 20.5.2005 from which it can be inferred that while approving the proposal forwarded by the Director, Department of Tourism for renovation and beautification of Manalpuram Park at an estimated cost of Rs.55,72,432/-, the State Government had amended G.O. dated 13.1.1978 or otherwise relaxed the conditions embodied therein. The record also does not show that the Department of Tourism had furnished a detailed comprehensive environmental impact statement for the project so as to enable the Committee to make appropriate review and assessment. Therefore, it must be held that the execution of the project including construction of restaurant is ex facie contrary to the mandate of G.O. dated 13.1.1978, which was issued by the State in discharge of its Constitutional obligation under Article 48-A. Unfortunately, the Division Bench of the High Court ignored this crucial issue and casually dismissed the writ petition without examining the serious implications of the construction of a restaurant on the land reclaimed by Aluva Municipality from the river. 20. G.O. dated 13.1.1978 is illustrative of the State Government’s commitment to protect and improve the environment as envisaged under Article 48A. The object of this G.O. is to ensure that no project costing more than Rs.10 lakhs should be executed and implemented without a comprehensive evaluation by an expert body which can assess possible impact of the project on the environment and ecology of the area including water bodies, i.e., rivers, lakes etc. If the project had been referred to the Environmental Planning and Co-ordination Committee for review and assessment of environmental implications then it would have certainly examined the issue relating to desirability and feasibility of constructing a restaurant, the possible impact of such construction on the river bed and the nearby bridge as also its impact on the people of the area. By omitting to refer the project to the Committee, the District Tourism Promotion Council and the Department of Tourism conveniently avoided scrutiny of the project in the light of the parameters required to be kept in view for protection of environment of the area and the river. The subterfuge employed by the District Promotion Council and the Department of Tourism has certainly resulted in violation of the fundamental right to life guaranteed to the people of the area under Article 21 of the Constitution and we do not find any justification to condone violation of the mandate of order dated 13.1.1978. 21.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]G.O. dated 13.1.1978 is illustrative of the Statecommitment to protect and improve the environment as envisaged under Article 48A. The object of this G.O. is to ensure that no project costing more than Rs.10 lakhs should be executed and implemented without a comprehensive evaluation by an expert body which can assess possible impact of the project on the environment and ecology of the area including water bodies, i.e., rivers, lakes etc. If the project had been referred to the Environmental Planning and Co-ordination Committee for review and assessment of environmental implications then it would have certainly examined the issue relating to desirability and feasibility of constructing a restaurant, the possible impact of such construction on the river bed and the nearby bridge as also its impact on the people of the area. By omitting to refer the project to the Committee, the District Tourism Promotion Council and the Department of Tourism conveniently avoided scrutiny of the project in the light of the parameters required to be kept in view for protection of environment of the area and the river. The subterfuge employed by the District Promotion Council and the Department of Tourism has certainly resulted in violation of the fundamental right to life guaranteed to the people of the area under Article 21 of the Constitution and we do not find any justification to condone violation of the mandate of order dated 13.1.1978.