"Authorities Must Prevent Unauthorised Constructions": Kerala High Court Orders Restoration Of Mangrove In Kunhimangalam

The Kerala High Court has observed that the state Authorities are under a statutory mandate to ensure unauthorised constructions are prevented in protected zones under the Environment (Protection) Act, 1986 read with Coastal Regulation Zone Notifications. The observations were made by the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, while delivering judgment in a public interest litigation filed by an agriculturist from Kannur who alleged large-scale destruction of thick mangroves classified under Coastal Regulation Zone (CRZ) I A and I B in Kunhimangalam Village by two private individuals for commercial real estate development.The Court noted that the Environment (Protection) Act, 1986 read with CRZ Notifications, casts a duty on the authorities to take measures for the protection of areas falling within the protected zones.“The Authorities have to be vigilant by themselves about the illegalities taking place in the area. Periodical site inspections should be carried out and instances such as the large-scale destruction of mangroves have to be noticed by the officers during their field visits to restraint them immediately” it observed.The bench noted that CRZ-I A and I B classification of an area confers a high degree of ecological protection to the area and no development activity is allowed without the permission of the Ministry of Environment, Forests and Climate Change. A court-appointed three-member committee's inspection report revealed that the private respondents had constructed two roads by dumping red earth and building waste, destroying nearly 11.42 cents of mangroves and damaging an additional 16.56 cents of buffer area within the CRZ-I A zone. The report confirmed that the work was carried out without any permission from the Kerala Coastal Zone Management Authority or the Ministry of Environment, Forest and Climate Change and violated the provision of CRZ Notification 2011. The High Court observed that the destruction was “a matter of serious concern,” emphasizing that CRZ-I A areas are ecologically sensitive and serve as breeding grounds for aquatic species. “This Zone, which is ecologically sensitive, is the breeding ground of water bound species like otter, crabs, shrimps and prawns, mollusks, and the building waste being dumped in the area would cause serious adverse consequences for the environment.” the bench noted. The bench expressed its dissatisfaction in the manner in which the restoration measures have been carried out by different authorities, which includes Revenue, Forest, and Local Self Government despite complaints from the petitioner in 2023.“The situation has been created because the Respondents did not take any action in time to prevent the damage. The issue has been dealt with in a routine and pedantic manner.” the Court noted.The Court observed that surveillance and restoration must be strengthened noting that the object must be to prevent illegal destruction before it occurs. “Mangrove forests are a unique ecosystem with specific biodiversity….Therefore, the foremost priority is the prevention of destruction of this ecosystem, as once an ecosystem is damaged, its natural integrity and ecological functions cannot be readily reconstructed or brought back easily.Even where the law permits replanting as a substitute, steps for restoration have to be taken at the earliest. The object must be to prevent illegal destruction before it occurs and to ensure that restorative measures, where required, are taken with urgency. Both surveillance and restoration need to be strengthened ” the bench observed. The Court has thus directed the State to formulate a plan of action with special emphasis on regular monitoring of the mangroves in the Kunhimanagalam area. Directing immediate remedial steps, the Court ordered the Conservator of Forests, Social Forestry, Northern Region, Kozhikode, to oversee the complete restoration of the destroyed mangrove area within three months. The Court suggested regular field visits by a three-member team of officials constituted by the District Collector which includes Tahlsidar, Payyannur, Range Forest Officer, Social Forestry, Kannur, Range Environmental Engineer, Directorate of Environment and Climate Change. It has also directed the District Collector to develop a public reporting mechanisms such as phone, email, or social media channels for citizens to report violations.The Court thus disposed of the writ petition. Case Title: P P Rajan v State of Kerala and Ors. Citation: 2025 LiveLaw (Ker) 645Case No: WP(C) 13495/ 2023Counsel for Petitioner: Mahesh V Ramakrishnan, Praveen K SCounsel for Respondents: Prakash M P, M Sasidharan, Mathew Kuriakose, G Gireesh, Moni George, J Krishnakumar, Nagaraj Narayanan (Spl. GP)Click Here To Read/ Download Judgment

"Authorities Must Prevent Unauthorised Constructions": Kerala High Court Orders Restoration Of Mangrove In Kunhimangalam

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"Authorities Must Prevent Unauthorised Constructions": Kerala High Court Orders Restoration Of Mangrove In Kunhimangalam

Anamika MJ

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