Kochi: A Division Bench of the Kerala High Court on Thursday kept in abeyance, until further orders and subject to certain conditions, an order of the Additional Director, Union Ministry of Environment and Forests, directing the Pappinissery Eco Tourism Society in Kannur to close down its mangrove theme park.
The Bench of Chief Justice J. Chelameswar and Justice P.N. Ravindran said the interim order was subject to the following conditions: that the petitioner (society) shall not carry out any further construction activities or any commercial activities in the park, shall not in any way alienate the property or any part of it, or create any encumbrance on it.
The interim order was passed on a writ petition filed by N. Unnikannan, president of the society. He said the order was illegal as it had been issued in gross violation of the principles of natural justice. The Additional Director had no power to issue such an order.
Besides, no notice was issued to the petitioner and no opportunity was given for hearing before issuing the order as contemplated under Section 4 of the Environment (Protection) Rules.
The petitioner submitted that the land owned and occupied by the society had not been demarcated as Coastal Regulation Zone-I (CRZ-I) area in the Local Level Coastal Zone Management Plan. Nor had it been declared by any authority as CRZ-I sensitive area.
‘No need for permit'
According to the petitioner, the Kerala Coastal Zone Management Authority had the power to inquire into alleged violations of the Environment (Protection) Act and the Coastal Zone Regulations. No other authority or government had been empowered to deal with such matters.The petitioner pointed out that there was no need for a permit from any authority to protect and study the mangroves in the land of the petitioner.
He alleged that the order was politically motivated. The property of the society was not in an ecologically sensitive area as it did not come under the CRZ-I category. Besides, the petitioner had not destroyed any mangrove standing in the property. Nor was any land reclamation disturbing the natural course of sea water undertaken. In fact, a Coastal Zone Management Plan had not been prepared by the Pappinissery grama panchayat or any of the local bodies in the State. So, the restrictions could not be implemented, the petitioner said.
Source: The Hindu, 20-8-2010
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