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Judgment
This application is filed for a direction against respondents from cutting and removing trees from Cardamom Hills Reserve forest area and also for a direction to the 1st respondent to conduct a detailed enquiry regarding the said matter.
It is the case of the applicant who is an environmental activist and also a member of Kerala State Wildlife Advisory Board and a winner of Kerala State Bio-diversity Board Green Award, 2009, that Government of Kerala has established the Cardamom Hills Reserve Area by issuing necessary notifications in the Government Gazette dated 24th August 1897. It consists of approximately 15,720 acres of land which includes meadows and streams.
As per the said notification which was subsequently issued by way of gazette dated 14th May 1987, there is a ban imposed by the Forest Department fromr cutting or removing trees from the Cardamom Hills Reserve Area except the trees which are likely to endanger human existence and the notification also describes the villages which are within the notified area apart from their boundaries. It is seen that the Government of Kerala has issued a subsequent notification dated 30.7.2007 encouraging afforestation in the non-forest area by enacting the Kerala Promotion of Tree Growth in Non Forest Areas (Amendment) Act 2007.
It is the case of the applicant that based on the said enactment dated May 14, 1987, the wood merchants have started cutting and removing large number of trees as it has been widely published in the News papers. It was in those circumstances, the Kerala Forest Protective Staff Association, submitted a representation dated 14.9.2009 before the Ministry of Forest, State of Kerala. It was the case of the said organisation in the representation that the said act is not applicable in the area of Cardamom Hill Reserve Forest Area. It is with the connivance of the 3rd respondent namely the Chief Forest Conservator, Trivandrum, the wood mafia have been cutting and removing large number of trees from the Cardamom Hill Reserve Forest Area which is illegal.
On the grounds that such indiscriminate cutting of trees would result in environmental disaster and ecological imbalance, the W.P.No. 35078 of 2009 came to be filed before Hon'ble High Court of Kerala, which was subsequently transferred to this Tribunal numbered as Application No.373 of 2013.
It is the contention of Mr. Harish Vasudevan, the learned counsel appearing for the applicant that hitherto the wood mafia in the area have cut and removed large number of valuable trees and inspite of representations made, the 1st respondent has not taken any action for investigating into this affair. He would submit that atleast from now onwards such cutting and removal of trees should be put to an end in the interest of environment as green areas are slowly getting converted into dry patches. However, he is unable to explain to this Tribunal that in respect of the large number of illegal cutting of trees many criminal prosecutions have been launched. However a legal opinion was offered on perusal of the legal position that the cutting of trees was legal and within the purview of the existing law in the State of Kerala.
Further the learned counsel for the 1st respondent would submit that the prohibition on cutting trees is still on and appropriate action will be taken against the offenders. She has also given an undertaking on behalf of the State Government that from now onwards illegal cutting of trees in the Cardamom Hill Reserve Forest Area will be prevented as per the direction of the Tribunal. She has also submitted that a suitable direction may be given to the1st respondent for making proper investigation about the entire affairs and file a report before this Tribunal in respect of action taken in this regard.
Having heard the learned counsel for the both sides, one indisputable fact which emerges is that in the Cardamon Hill Forest Reserve Area in Idukki District, indiscriminating felling of trees is going on and in respect of it no preventive action has been taken by the Government. There may be a justification on the part of the Government that the activities are going on for a long time and survey was done long time ago and the extent of the prohibited areas are not identifiable. However the fact remains that under the Act, the schedule includes various villages and there will not be any problem for the government for identifying the extent and in any event that cannot be an excuse for allowing such mass illegal cutting of trees.
There is one other fact which has to be recognised, namely, there has not been any effective management in respect of handling all trees and also identifying the trees which have to be cut or trees which have to be preserved. Moreover, the Government has not identified the persons who have illegally cut and removed the trees so far. Therefore, it is not possible at this stage to find out the persons who are responsible for the action and decide on the rectification of the damages which have already been caused.
The schedule under the notification includes the following villages in the Idukki District.
As per the details published in page 1932 of the Travancore Government Gazette date 24.8.1897 within the limits of Kumali Range, included in Udumbanchola Taluk - Anavilasam, Chakkupallam, Vandanmedu, Kattappana Ayyappankovi, Pampadumpara, Kakkundal villages, within the limits of Ayyappankovil Range and included in Udumbanchola Taluk - Ayyappankovil, Kattappana, Thankamni, Vathikkudi villages, within the likits of Adimali rAnge and included in Udumbanchola Taluk - Konnathadi village, within the limit of Devikulam Range and included in Udumb anchola Talum - Sailentvally, Chinnakanal, Rajakkad, Rajakuri, Puppara, Gandhippara, Chaturangapara, Udumbanchola, Kalkuntal village.
Be that as it may, now that the matter has been brought to the notice of the Government, it has to take appropriate action in preventing all the illegal activities atleast from now.
A reading of the Kerala Promotion of Tree Growth in Non-Forest Areas (Management) Act 2007 shows that by necessary implications the areas which are notified have been excluded. This is strengthened by the provisions of amendment under Section 6 which reads as follows:-
"Mangrove areas or coffee plantation shall be deemed to be notified areas" Further under Section 6(6) proviso it is stated that "if the trees are to be cut and removed from a non-notified area" Therefore by necessary implications the notification issued on 14.5.87 which stands valid as on date, it means that in the notified area of Idukki district, the trees shall not be cut, uprooted, burnt or destroyed except in cases where the trees endanger the life or property or is wind fallen.
In such view of the matter we dispose the application with the following directions:-
i) The respondents shall not allow cutting, uprooting, burning or destroying of any trees in the above said notified areas unless the same is permitted as per the notification. This shall be given effect to forthwith and 1st respondent will ensure strict compliance of the same. ii) In respect of the trees which are already cut relating to which criminal prosecution have been launched, the 1st respondent shall proceed and continue the criminal prosecution effectively.
iii) The 1st respondent shall conduct a proper investigation on the cutting of trees ever since the same has occurred till today and frame a scheme for the future course of action and file the same in the Registry of this Tribunal within a period of 6 months from today.
iv) The notification is of the year 1987 and therefore there may be some difficulties in respect of identification of extents. We direct the respondents to make coordinated effort for the purpose of re surveying the entire district and identify the extent. This steps shall be taken expeditiously by the Government in any event within a period of one year and notify the same and file a copy to the Registry of this Tribunal.
With the above directions the application stands disposed of.
No cost.