Lawyers Environmental Awareness Forum v. Southern Railways

1. This matter was initially filed before the Kerala High Court in the year 2009 and was transferred to this Tribunal vide order dated 18.11.2013. The grievance in the application is that the forest land which is part of protected forest, adjacent to Mangalavanam Bird Sanctuary should not be used for construction activities.

2. The Applicant states that the area is notified under Section 18 of Wildlife Protection Act, 1972 vide Notification dated 31.08.2004. It is a wetland with natural forest, greenery and Bird Sanctuary. Railways Authorities have started using bulldozer and mechanical devices which is not permissible and is against the Forest Management Plan.

3. The matter has been considered on last more than 30 hearings in the last five years. Brief reference may be made to some of the proceedings.

4. On 06.09.2016, the Tribunal noted that the area was a Bird Sanctuary and the stand of the State of Kerala was that the area needs to be protected. The Tribunal directed the State of Kerala to file an affidavit whether it is proposed to be declared as eco-sensitive area. On 03.10.2016, it was noted that the proposal was forwarded to MoEF on 15.02.2013 by State of Kerala proposing the area to be declared eco-sensitive zone. On 08.08.2017, statement of learned Counsel for MoEF was recorded that the draft Notification has been approved which was to be published within two weeks.

5. It is today stated that even after more than one year, the Notification has not been finalized.

6. In view of the above, having regard to the fact that the area is forest land and a Bird Sanctuary, we hold that it is not permissible to carry out any construction activity in view of statutory provisions of the Wildlife Protection Act, 1972 as well as Environment Protection Act, 1986.

1986. The Application is disposed of.