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Judgment
The petitioner, a registered Association of Houseboat Owners in Kerala, has filed this writ petition seeking to command the 1st respondent-Director of Ports to ensure compliance of the provisions of the Inland Vessels Act, 1917 and the Kerala Inland Vessels Rules, 2010 by confiscating Houseboats operating illegally in Vembanad Lake and Punnamada Kayal without the survey, the registration and consent to operate from the competent authorities. Certain incidental reliefs are also sought in the writ petition.
The petitioner states that a number of houseboats, without registration and consent from the competent authorities, are operating in Vembanad Lake and Punnamada Kayal. The names of houseboats illegally operating are well known to the officials. Such boats can be confiscated. However, the respondents are keeping their eyes shut due to political compulsions. Such unauthorised houseboats are polluting the Vembanad Lake and Punnamada Kayal. About 25% of the houseboats directly discharge their organic waste and sewage into the water body. These boats are functioning without consent from the Pollution Control Board. Though stop memos are issued on some of the unauthorised houseboats, the memos are not enforced.
Aggrieved by the inaction of the 1st respondent, the petitioner filed W.P.(C) No.10646 of 2018. By Ext.P1 judgment, this Court directed the 1st respondent to consider the representation of the petitioner in accordance with law and take a decision at the earliest. A hearing was conducted by the 1st respondent. And in the hearing, the petitioner submitted that the Director of Ports being the implementing agency for implementation of the Kerala Inland Vessel Rules, 2010, is liable to ensure that no houseboats without registration and consent from the competent authorities are operating in Vembanad Lake and Punnamada Kayal. The 1st respondent expressed his inability to do anything more due to shortage of staff to seize the illegally operating vessels and absence of yard to keep large number of boats illegally operating, on being seized.
The learned counsel for the petitioner submitted that Section 19A of the Inland Vessels Act, 1917 prohibits the use of an Inland vessel for any voyage or any service without a certificate of registration granted under the Act. An Inland Vessel cannot be registered without a survey before service. The Rules require that pollution control devices for sewage treatment and disposal should be installed and solid waste processing, disposal and sound pollution control measures should be ensured. However, these rules are not enforced.
The learned counsel for the petitioner further pointed out that Rule 138 of the Kerala Inland Vessels Rules provides for an Advisory Committee to advise the owners, agents, charterers of Inland vessels, on questions affecting the interest of the passengers and shippers of the goods. The Advisory Committee has decided that all vessels should display registration numbers. The Advisory Committee also decided not to grant new registration of vessels in Alleppey Port except on replacement basis.
Due to the heavy Inland traffic in Alleppey District, the Advisory Committee decided that permissions for new reconstruction will be given only for applications received up to 31.12.2013. However, boats registered in other districts are allowed in Alappuzha, defeating the measures taken for reducing Inland Water Traffic. There are 713 licensed boats in Alappuzha. There are only two common effluent treatment plants for houseboats. The houseboat owners had made a demand for a third effluent treatment plant. The demand is not met. The 1st respondent is therefore compellable to enforce the provisions of law and curb the menace of unauthorised houseboats in Vembanad Lake and Punnamada Kayal, so as to reduce Inland water traffic and consequential pollution of the lake/kayal.
The 1st respondent filed a counter affidavit and defended the writ petition. The 1st respondent pointed out that the all Inland vessels were brought under the jurisdiction of the Director of Ports only in the year 2010. Till that period, the Chief Inspector of Boats, Irrigation and Water Resources Department was the Controlling Authority. After the implementation of the Kerala Inland Vessels Rules, 2010, only five new posts were created in the Department of Ports for administration and implementation of the rules. There is a dire shortage of staff in the Department for effective implementation of the Rules.
Nevertheless, the 1st respondent has issued stop memos on those houseboats which are found to be plying without licence. At present, there is no place for mooring the seized boats. The 1st respondent issued letter to all ports of registries to make necessary arrangements for mooring the seized boats under the jurisdiction. The District Collector was also required to allot suitable place for mooring the seized boats, as per Ext.R1(a) letter.
The 1st respondent stated that Rule 143 of the Rules contemplates establishment of Enforcement Wing. So far, an Enforcement Wing has not been constituted. Proposal for Enforcement Wing has been made to the Government and the same is under consideration. A meeting of Ministers of different portfolios, Government Secretaries and the Officials of different Departments chaired by the Chief Minister was held on 07.06.2018 to discuss the issues involved. In the said meeting, decision was taken to complete the process of registration of all the boats operating without proper certificates before 31.12.2018. These boats include:-
(i) the boats which earlier had CIB registration but has not obtained registration under Kerala Inland Vessels Rules.
(ii) those boats who were given temporary registration.
(iii) All boats who has participated in the adalath conducted and has given application but in which the surveys were not completed.
(iv) for those boats that had applied on line, who were not registered for want for necessary certificates but has been constructed in accordance with guide lines issued by the Government and
(v) also those boats which had illegally constructed the upper deck and structure after getting the KIB licences, provided they regularize the illegal construction in accordance with the conditions laid down by the Government.
In the meeting, it was noted that Survey for the registration of these boats has been completed and report has been forwarded to the Chief Minister.
The 1st respondent further submitted that the registration process of a vessel begin with initial survey conducted during the construction of vessel. The Chief Surveyor issues a Survey Certificate for registration after the initial survey. Thereafter, Insurance Certificate, Pollution Control Board Clearance Certificate and Crew Certificate will have to be submitted with the registering authority for grant of registration. Annual survey is conducted every year to inspect the hull of vessels, firefighting equipments, life saving appliances, crew certificates, etc. as required under the Rules. If the vessel possesses all valid certificates, a certificate of survey is issued every year.
The sewage treatment plants are owned by the DTPC and run by the Houseboat Owners' Association. The Government has given administrative sanction as per Ext.R1(e), to purchase a sewage collection barge to collect the sewage from houseboats. The 1st respondent has taken all possible measures to control pollution that are caused by the plying of boats in Vembanad Lake.
The Senior Government Pleader filed a statement dated 29.02.2020. It is stated therein that the Government constituted a Committee with Revenue Officials including the District Collector, Superintendent of Police and Officers of Port Department to conduct survey regarding the boats plying in the lake and also to find out unauthorised operations of houseboats. The Government want to see that illegal operations are stopped. The Statement proceeds to disclose further Governmental actions taken in this regard, which are as follows:-
The Chief Executive Officer, Kerala Maritime Board is directed to form task force with multiple teams considering officials of Police, Revenue, Inland Waterways and Pollution Control Board to legible inspection of registered house boats to ensure that they are following all relevant rules and these inspections shall be completed within 15 days.
The Chief Executive Officer, Kerala Maritime Board is further directed to initiate a special task to identify unregistered house boats and Shikkaras and other motorized boats and steps be taken to register eligible vessels within one month and take action against the others as per the Kerala Inland Vessels Rules and to furnish a report to the Government within 20 days.
It was further directed to ensure that Online Web Portal of Inland Vessels is launched within one month.
The Online tracking mechanism (similar to those house boats by the Fisheries Department), of house boats is also to be put in place within three months.
Directions were also issued to conduct training sessions for house boat owners and staffs.
The Chief Executive Officer, Kerala Maritime Board is directed to have discussion with District Administration, State Pollution Control Board, District Tourism Promotion Council and other concerned agencies to implement the comprehensive waste discharge systems for house boats.
The Registering Authority is directed to take assistance from the District Police Chief for custody and storage of illegal house boats and to deal as per provisions of Cr.P.C.
Media campaign to make awareness among the tourists to not use unregistered house boats etc. is decided to be implemented with the help of District Tourism Promotion Council.
The 3rd respondent-Kerala Maritime Board filed a counter affidavit. The 3rd respondent stated that during the pendency of the above writ petition, Kerala Maritime Board Act, 2017 was enacted to provide for the constitution of the Kerala Maritime Board for non-major ports in the State and to vest administration, control and management of such ports with the Board.
The Kerala Maritime Board invited Expression of Interest from General Public and the land has been identified and an agreement of lease was executed for more seized boats. Steps are being taken to appoint security personnel in the said land. CCTV installation, lighting, temporary jetty, etc. are also under progress. The Maritime Board conducted surprise inspections and found that 66 vessels are operating without valid documents and out of the said 66 vessels, 54 vessels are unregistered vessels. Action has been taken against unregistered vessels. Inspection was also conducted by the Officials of the Maritime Board and the police. The 3rd respondent stated that the Board has taken the following decisions to implement Kerala Inland Vessels Rules, 2010:-
The Chief Executive Officer, Kerala Maritime Board will form task force with multiple team including officials of Police. The above team will ensure that the House Boats are following the rules and regulations properly. This task will be completed within a month.
All unregistered House Boats and shikkaras/Motor Boats will be identified and steps will be taken to register eligible vessels within one month.
An online Web Portal of Inland Vessels will be launched within one month which will give warning if the registered vessel is operating without validating documents.
An online GPS tracking mechanism of House Boats will be put in place within 3 months.
All House Boats shikkaras/Motor Boats will be installed with bar coded number plates and given separate colours marking on both sides to identify unauthorised boats.
Refresher training programmes will be arranged by Kerala Maritime Academy for boat owners and cooks.
A comprehensive waste management will be implemented for House Boats with the help of Revenue, Tourism and Pollution Control Board.
The custody and storage of illegal House Boats will be dealt as per the provisions of Cr.PC and law of the land with the help of District Collector and Police Chief.
Media campaign will be given to public to use registered House Boats in safety point of view.
Amendment to the existing Kerala Inland Vessel Rules has been drafted with more stringent fine, jail term and detention of the vessels and has been forwarded to the Kerala Inland Vessel Rules Advisory Committee members, for their opinion. As directed by the Board, the Port Officer invited Expression of Interest for establishment of detaining yard on 14.08.2020. The Port Officer has received applications from four interested persons and selection of detaining yard is under process.
Heard the learned counsel for the petitioner, learned Government Pleader representing 1st and additional 2nd respondent and the learned Standing Counsel appearing for the additional 3rd respondent.
The grievance of the petitioner is as regards unauthorised plying of houseboats without registration, survey and pollution control devices. During the pendency of this writ petition, the Kerala Maritime Board Act, 2017 was enacted, as per which the administration, control and management of non-major ports in Kerala vests with the Kerala Maritime Board. Therefore, on and from 02.05.2019, it is for the Maritime Board to take decisions in the matter.
The Maritime Board has decided that the Chief Executive Officer will form task force with multiple teams including officials of police to ensure that the houseboats are following rules and regulations properly. All unregistered houseboats and Shikkaras/Motor boats will be identified and steps will be taken for their registration. Only GPS tracking mechanism will be put in the houseboats. Barcode number plates with separate colours will be installed on houseboats. A comprehensive Waste Management System will be implemented with the help of Revenue, Tourism and Pollution Control Board. The custody and the storage of illegal houseboats will be dealt with under the provisions of the Code of Criminal Procedure with the help of District Collector and Police Chief.
If the aforesaid decision of the Kerala Maritime Board are implemented, the grievance of the petitioner will stand redressed. The major problem faced by the 1st respondent-Director of Ports and now by the Kerala Maritime Board in the matter of enforcement of the Inland Vessels Act, 1917 and the Kerala Inland Vessels Rules, 2010 is the non-availability of detaining yard for mooring the seized vessels. The additional statement dated 10.10.2020 filed by the Standing Counsel for the additional 3rd respondent would show that Expression of Interest is already invited for setting up of detaining yard and four applications have been received from interested persons.
Those applications are under process. The concrete steps taken by the Board in this regard are stated in paragraph 8 of the counter affidavit dated 28.02.2020 filed by the Board.
In the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent to finalise the steps taken for establishing a detaining yard within a period of six months and implement the decisions taken by the Board as disclosed in paragraph 8 of their counter affidavit (paragraph 14 hereinabove), without further delay.