Kerala High Court
Ammini vs State Of Kerala on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.26919 OF 2019(L)
PETITIONERS:
1 AMMINI,
AGED 65 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
2 VALLIYAMMA,
AGED 73 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
3 REMANI,
AGED 51 YEARS,
D/O. RAMASWAMI,
PRIYA NIVAS, CHINDAKKI P.O.,
ATTAPPADY.
4 MALLIKA,
AGED 49 YEARS,
D/O. RAMASWAMI, PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
BY ADV. SRI.T.M.ABDUL LATIFF
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
W.P.(C) Nos.26919 & 28696 of 2019
:2:
2 THE WILD LIFE WARDEN,
SILENT VALLEY,
PALAKKAD - 678 582.
3 ASSISTANT WILD LIFE WARDEN,
BHAVANI FOREST RANGE,
MUKKALI P.O.,
MANNARKKAD,
PALAKKAD - 678 582.
SPL. GOVERNMENT PLEADER FOR FORESTS
SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22-03-2021, ALONG WITH WP(C).28696/2019(J), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26919 & 28696 of 2019
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.28696 OF 2019(J)
PETITIONERS:
1 RANKAN,
AGED 59 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
2 RAGHAVAN,
AGED 53 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
3 KAKKI,
AGED 43 YEARS,
S/O RAMASWAMI,
PRIYA NIVAS,
CHINDAKKI P.O.,
ATTAPPADY.
BY ADV. SRI.T.M.ABDUL LATIFF
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE WILD LIFE WARDEN,
SILENT VALLEY,
PALAKKAD-678 582.
W.P.(C) Nos.26919 & 28696 of 2019
:4:
3 ASSISTANT WILD LIFE WARDEN,
BHAVANI FOREST RANGE,
MUKKALI P.O.,
MANNARKKAD,
PALAKKAD-678 582.
R1-3 BY SRI.SANDESH RAJA.K.,
SPL. GOVERNMENT PLEADER (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22-03-2021, ALONG WITH WP(C).26919/2019(L), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26919 & 28696 of 2019
:5:
[CR]
N. NAGARESH, J.
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W.P.(C) Nos.26919 and 28696 of 2019
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Dated this the 22nd day of March, 2021
JUDGMENT
~~~~~~~~~
These writ petitions are filed seeking to permit the
petitioners to remove trees cut by them from their own land.
The petitioners are residents of Attappadi and state that they
need to cut trees and sell some of the woods to raise money
to construct their pucca houses. The respondents resist
transportation of woods on the ground that the land from
which trees are sought to be cut and removed, is forming
part of the proposed Buffer Zone around the Silent Valley
National Park and it is an Ecologically Sensitive Zone.
2. The petitioners in W.P.(C) No.26919/2019 are
legal heirs of late Rami who obtained Patta in respect of 6.98
W.P.(C) Nos.26919 & 28696 of 2019
Ares of land in Survey No.25/3 and 55.10 Ares of land in
Survey No.26/3 of Kallamala Village. The petitioners are
now in joint position of the land and are paying land tax. The
petitioners are cultivating pepper vine, etc. in the said
property. The petitioners are residing in thatched houses
and wanted to construct Pucca houses. As the petitioners
decided to construct Pucca houses, due to scarcity of funds,
the petitioners cut certain trees standing in their private land
with an intention to sell. Applications submitted by the
petitioners for permission to transport the trees were not
entertained.
3. By Ext.P6 communication dated 17.08.2017 of the
Assistant Wildlife Warden, the petitioners were informed that
since the land is situated in the Ecologically Sensitive Buffer
Zone of Silent Valley National Park, permission cannot be
granted to cut and remove trees from even private land. By
Ext.P7 letter dated 31.03.2018, the Range Forest Officer,
Attapadi Range returned the applications on the same
ground. The Assistant Wildlife Warden, Bhavani Forest
W.P.(C) Nos.26919 & 28696 of 2019
Range issued Ext.P9 letter dated 08.09.2018 stating that as
it would affect rare bio species in Silent Valley National Park,
the petitioners cannot cut and remove trees from the Buffer
Zone.
4. The petitioners earlier approached this Court filing
W.P.(C) No.32188/2018 and this Court gave liberty to the
petitioners to approach the Wildlife Warden and the Wildlife
Warden was directed to finalise the issue in a time frame.
Pursuant thereto, the petitioners filed appeals under Section
6 of the Kerala Promotion of Tree Growth in Non-Forest
Areas Act, 2005 challenging Ext.P9 order dated 08.09.2018
of the Assistant Wildlife Warden. The said appeals were
dismissed as per Ext.P15 order of the Wildlife Warden. It
was stated in Ext.P15 that since the property/land of the
petitioners is situated in the Buffer Zone of Silent Valley
National Park which is going to be notified as Ecologically
Sensitive land, the applications of the petitioners cannot be
allowed. The petitioners are before this Court challenging
Exts.P6, P9 and P15 orders.
W.P.(C) Nos.26919 & 28696 of 2019
5. The petitioners in W.P.(C) No.28696/2019 state
that they are legal heirs of late Ramaswami who obtained
Patta in respect of 62.80 Ares of property in Survey No.25/2
of Kallamala Village. On the demise of Ramaswami, the
petitioners are in possession of the land and are paying land
tax. The petitioners proposed to construct pucca houses in
the said property and due to financial constraints, they cut
trees standing in their property. The trees were intended to
be utilised, partly for house construction and partly for sale to
raise funds for construction. The petitioners submitted
applications for permission to transport the trees cut by them.
By Ext.P4 letter dated 10.08.2017, the Assistant Wildlife
Warden, Bhavani Forest Range declined the request of the
petitioners. The petitioners were further informed as per
Ext.P6 letter dated 08.09.2018 of the Assistant Wildlife
Warden that their applications cannot be allowed since the
land falls within the Buffer Zone of Silent Valley National Park
and is ecologically sensitive.
W.P.(C) Nos.26919 & 28696 of 2019
6. The petitioners thereupon filed W.P.(C)
No.32483/2018 and this Court directed the Wildlife Warden
to consider the issue raised by the petitioners. Exts.P10 and
P11 appeals filed by the petitioners were rejected by the
Wildlife Warden as per Ext.P12 order, holding that since the
land from which the trees are sought to be cut and
transported falls within the Buffer Zone of the Silent Valley
National Park and since the said area is a ecologically
sensitive zone, no permission can be granted.
7. The learned counsel for the petitioners would
argue that there are a number of legislations in Kerala
regulating cutting of trees. Those regulations apply only to
specified trees. The Kallamala Village where the land of the
petitioners is situated, is not a notified Village under the
Kerala Promotion of Tree Growth in Non-Forest Areas Act,
2005. And the 2nd respondent is legally bound to consider the
applications of the petitioners in accordance with law. The
learned counsel further argued that though a Buffer Zone is
proposed to be established by naming it as Bhavani Forest
W.P.(C) Nos.26919 & 28696 of 2019
Range, such Buffer Zone does not form part of Silent Valley
National Park. Therefore, regulation applicable to Silent
Valley National Park cannot be made applicable to Buffer
Zone.
8. The learned counsel for the petitioners further
argued that under Section 6(1) of the Kerala Promotion of
Tree Growth in Non-Forest Areas Act, 2005, the petitioners
have absolute right to cut and transport trees. Section 6
starts with non-obstante clause. Hence, Ext.P12 order of the
2nd respondent is illegal and unsustainable. The observations
in Ext.12 that trees have been cut due to pressure from
outsiders and is not due to the personal use of the petitioners
etc., are findings not based on facts. In the circumstances,
the writ petition is only to be allowed, contended the learned
counsel for the petitioners.
9. The 2nd respondent-Wildlife Warden filed
statement and contested the writ petitions. The 2 nd
respondent stated that the land from where the trees are
felled is adjacent to reserve forest, which was added as
W.P.(C) Nos.26919 & 28696 of 2019
Buffer Zone to Silent Valley National Park. Though Silent
Valley National Park is accorded good protection, the
adjacent areas were subjected to severe disturbances which
posed a constant threat to the integrity of the National Park.
Therefore, it was decided that a total area of 148 Km² around
the Silent Valley National Park should be declared as a
Buffer Zone.
10. The learned Special Government Pleader
(Forests) submitted that Buffer Zone is required to be
protected so as to ensure that there is no ecological damage
to the areas surrounding the National Park. By
Annexure-R2(a) Government Order dated 11.06.2007, the
Government accorded sanction for creation of a Buffer Zone
of 148 Km². Sanction was given to create a separate
'Bhavani Forest Range' for this area. Necessary
infrastructure support was also granted. The petitioners
have cut the trees not for their personal use, contended the
learned Special Government Pleader. The trees were cut
with an intention to trade timber.
W.P.(C) Nos.26919 & 28696 of 2019
11. The learned Special Government Pleader pointed
out that national parks, sanctuaries and conservation
reserves are notified under the Wildlife Protection Act, 1972.
Such protected areas are important to conserve biodiversity,
to have a regulation of such activities. It is envisaged that
lands falling within 10 Km. of the boundaries of national
parks and sanctuaries should be notified as eco-fragile
zones under Section 3(v) of the Environment (Protection)
Act, 1986. The learned Government Pleader pointed out that
the Hon'ble Apex Court in Writ Petition Civil No.460/2004 has
ordered that in case no ESZ proposal is sent by States, then
ESZ of 10 Km. shall apply to National Parks.
12. As per Annexure-R2(d) letter dated 29.09.2016,
the Ministry of Environment, Forest and Climate Change has
ordered that there shall be no felling of trees within
Eco-Sensitive Zone of protected areas without prior
permission of competent authority duly notified by the State
Government. For that reason also, the applications of the
petitioners were liable to be rejected. The writ petitions are
W.P.(C) Nos.26919 & 28696 of 2019
devoid of any merit and they are liable to be dismissed,
contended the Special Government Pleader (Forests).
13. I have heard the learned counsel for the
petitioners and the learned Special Government Pleader
(Forests) representing respondents 1 to 3.
14. The question to be considered is whether the
petitioners have a right to cut and remove trees from their
land and whether the respondents are empowered to restrain
the petitioners from doing so. There are a number of
legislations in Kerala which predominantly or inter alia
regulate cutting and removal of trees. The Kerala Grants
and Leases (Modification of Rights) Act, 1980 imposes
liability to pay current segniorage rates for cutting and
removing trees. However, the Act, 1980 applies to only
those landed properties which are held in pursuance of any
grant or lease given by the former State of Travancore or
Cochin, for cultivation. The property of the petitioners herein
are not grants but properties held in pursuance of a purchase
certificate issued by Land Tribunal. Therefore, the Kerala
W.P.(C) Nos.26919 & 28696 of 2019
Grants and Leases (Modification of Rights) Act, 1980 will not
apply to the land of the petitioners.
15. Section 4 of the Kerala Preservation of Trees Act,
1986 provides for restriction of cutting, uprooting or burning
of specified trees as defined under Section 2(e) of the Act.
There is no restriction on cutting and removing of
non-specified trees, under the Act. As regards specified
trees, previous permission of the authorised officer is
required to be obtained. Of course, there is absolute
prohibition in cutting any kind of trees under Section 5 of the
Act. However, Section 5 will apply only to private forests,
Cardamom Hill Reserve or areas cultivated with cardamom
which is notified by the Government. The petitioners' land is
not notified under the Act. Therefore, if the petitioners want
to cut and remove the trees specified under the Act, previous
permission of the authorised officer is necessary. If the trees
sought to be cut and removed by the petitioners are not
those specified under the Act, then no permission of the
authorities is required.
W.P.(C) Nos.26919 & 28696 of 2019
16. The petitioners have sought permission of the
authorities to transport trees under the Kerala Promotion of
Tree growth in Non-Forest Areas Act, 2005. Section 3 of the
Act, 2005 provides that every owner of non-forest land shall
be free to plant trees in his land. Section 6 provides that
notwithstanding anything contained in any other law for the
time being in force, every owner of non-forest land shall have
the right to cut and transport any tree other than sandalwood
tree, standing on his land. However, if a person wants to
transport timber of a specified tree, the owner shall file
before the Forest Range Officer a declaration containing
details such as the Survey number of the land, number of
trees, species, quantity of timber and the place to which it is
transported. Therefore, to transport any non-specified tree
or timber, the petitioners have absolute right and for
transportation of specified tree, the petitioners need to file a
declaration before the Forest Range Officer.
17. The defence of the respondents is that permission
to transport trees is declined as the land is situated in an
W.P.(C) Nos.26919 & 28696 of 2019
Ecologically Sensitive Zone/Buffer Zone created for the
protection of Silent Valley National Park. The question is
whether creation of such a Buffer Zone could affect the right
of the citizens holding non-forest private land to cut and
transport trees grown in their property.
18. Ext.P7 is a Government Order dated 11.06.2007
giving sanction to create a Buffer Zone to the Silent Valley
National Park and formation of Bhavani Forest Range.
Ext.P7 Government Order does not provide for regulation of
felling of trees within the newly created Bhavani Forest
Range.
19. The learned Special Government Pleader placed
reliance on Annexure-R2(d) Circular dated 29.09.2016
issued by the Ministry of Environment, Forest and Climate
Change. The said Circular states that in order to regulate the
felling of trees in the Eco-Sensitive Zone of protected areas,
it has been decided that there shall be no felling of trees on
the forest, non-forest land or government or revenue or
private lands falling within the Eco Sensitive Zone of
W.P.(C) Nos.26919 & 28696 of 2019
protected areas without prior permission of the competent
authority duly notified by the State Government. The Circular
also provides that the competent authority will grant
permission for tree felling on the recommendation of the
Divisional Forest Officer in whose jurisdiction the ESZ falls,
who will recommend in accordance with the existing
provisions of Central or State Act and Rules made
thereunder by the State Government for protection of trees in
the State. A reading of the Circular dated 29.09.2016 of the
Ministry of Environment, Forest and Climate Change would
show that even in a case where an area is declared as an
Ecologically Sensitive Zone, felling of trees is permitted with
the prior permission of the competent authority.
20. The crucial question is whether the land of the
petitioners fall within an Ecologically Sensitive Zone and
whether the State of Kerala has declared the Buffer Zone
around Silent Valley National Park within which the land of
the petitioners allegedly falls, as Ecological Sensitive Zone.
By order dated 04.12.2006 in W.P.(C) No.460/2004 (Goa
W.P.(C) Nos.26919 & 28696 of 2019
Foundation v. Union of India), the Hon'ble Apex Court
observed that if proposals of States/Union Territories on
creation of eco-sensitive areas are not received, the Hon'ble
Apex Court may have to consider passing orders for
implementation of the decision that was taken on 21 st
January, 2002, namely, notification of the areas within 10 sq.
km. of the boundaries of the sanctuaries and national parks
as eco-sensitive areas with a view to conserve the forest,
wildlife and environment, and having regard to the
precautionary principle.
21. Ext.P7 Government Order dated 11.06.2007 is
one sanctioning creation of Buffer Zone to the Silent Valley
National Park and formation of Bhavani Forest Range.
Ext.P6 though sanctions creation of a Buffer Zone, does not
declare the same as Eco-Sensitive Zone.
22. Ext.P15 is a Draft Notification dated 06.01.2016 of
the Ministry of Environment, Forest and Climate Change. The
Notification, in exercise of the powers conferred by
sub-section (1) and Clauses (v) and (xiv) of sub-section (2)
W.P.(C) Nos.26919 & 28696 of 2019
and sub-section (3) of Section 3 of the Environment
(Protection) Act, 1986 read with sub-rule (3) of Rule 5 of the
Environment (Protection) Rules, 1986, notifies an area to an
extent up to 9 Km. from the boundary of Silent Valley
National Park in the State of Kerala as the Silent Valley
National Park Eco-Sensitive Zone, excluding the portion
sharing boundary with the State of Tamil Nadu. The said
Notification dated 06.01.2016 enlists prohibited activities.
Ext.P15 states that there shall be no felling of trees on the
forest or government or revenue or private lands without prior
permission of the competent authority in the State
Government. It also states that the felling of trees shall be
regulated in accordance with the provisions of the concerned
Central or State Act and the Rules made thereunder.
Therefore, it is evident that Ext.P15 does not contemplate an
absolute ban on felling of trees. Furthermore, Ext.P15 is only
a draft notification. Therefore, based on Ext.P15, it being a
draft notification, the rights of the petitioners cannot be
deprived of.
W.P.(C) Nos.26919 & 28696 of 2019
23. Ext.P16 Notification dated 27.10.2020 supersedes
Ext.P15 and publishes yet another draft notification. Ext.P16
also provides for a similar provision in the matter of felling of
trees and mandates that the felling of trees shall be
regulated in accordance with the provisions of the concerned
Central or State Act and the Rules made thereunder.
Ext.P16 also is only a draft notification. In fact, paragraph 4
of the additional counter affidavit filed by the Special
Government Pleader (Forests) explicitly states that
Eco-Sensitive Zone was not notified for Silent Valley National
Park and hence 10 Km. shall be the buffer area as per the
orders of the Apex Court.
24. Therefore, the right of the petitioners cannot be
affected by Exts.P7, P15 or P16. According to the learned
Special Government Pleader, in the absence of a Notification
of Eco-Sensitive Zones around the Silent Valley National
Park, the judgment of the Apex Court should govern the field
and an area of 10 Km. around the Silent Valley National Park
should be treated as Eco-Sensitive Zone. It may be noted
W.P.(C) Nos.26919 & 28696 of 2019
that the judgment of the Apex Court dated 04.12.2006 does
not bar felling of trees in an Eco Sensitive Area. The orders
of the Apex Court in Goa Foundation case, primarily dealt
with issues arising from mining activities and was mainly
intended to review and regulate environmental clearances
already granted in Eco-Sensitive Zones. No orders of the
Hon'ble Apex Court dealing with felling of trees in
eco-sensitive areas are brought to the notice of this Court, by
the parties.
25. Therefore, this Court is of the opinion that when
specific statutes are governing the issue of felling of trees in
the State of Kerala and when the Apex Court has not
imposed a ban on felling of trees in Eco-Sensitive Zones, in
the orders in Goa Foundation case, the right of the
petitioners to cut and remove trees from their land, in
accordance with the State legislations cannot be deprived of.
26. The learned Special Government Pleader brought
to the attention of this Court the fact that the petitioners in the
writ petitions are not sufficiently literate. The Wildlife Warden
W.P.(C) Nos.26919 & 28696 of 2019
during the hearing of the matter noted that the petitioners are
insisting for transportation of trees, at the instance of forest
mafia and on making enquiries with the petitioners, the
Wildlife Warden found that they are not aware as to why the
trees cut by them are sought to be transported to
Thrissur/Kozhikode areas. It is due to this reason that the
Wildlife Warden has concluded that the trees are sought to
be transported at the instance of forest mafia. The Wildlife
Warden bona fide believed that if transportation of trees is
allowed in the case of the petitioners, more and more private
landowners from this Eco Sensitive Area would come forward
to transport large quantities of trees at the instance of forest
mafia, which would cause irreparable damage to the
Eco-Sensitive Zone and in turn, to the Silent Valley National
Park.
27. May be the concern of the Wildlife Warden is
genuine. But, that cannot be a reason to deprive citizens the
constitutional right to property guaranteed under Article
300-A of the Constitution of India. The constitutional right of
W.P.(C) Nos.26919 & 28696 of 2019
the petitioners to hold and enjoy property would indeed
include the right to cut and transport trees standing on their
private property, subject to any statutory restrictions. That
right of the petitioners cannot be taken away except with the
authority of law.
28. The State legislations regulating cutting and
removal of trees do not impose an absolute bar/prohibition
on the petitioners from selling the trees standing on their
private property. Had the respondents notified the
Eco-Sensitive Zone around the Silent Valley National Park,
the respondents would have been perhaps justified in not
permitting the petitioners to transport trees belonging to
them, provided there are provisions in the Notification
prohibiting tree felling and transportation. The requisite
Notification is yet to be gazettified. The respondents have not
brought to the notice of this Court any order of the Apex
Court in the Goa foundation case, which imposes any
prohibition on felling trees in private lands in Eco-Sensitive
Zones.
W.P.(C) Nos.26919 & 28696 of 2019
29. In the circumstances, the petitioners are entitled to
reliefs. It is declared that the petitioners' application for
transportation of trees cannot be rejected on the basis of the
proposal to create Eco-Sensitive Zones in the buffer zone of
Silent Valley National Park. Exts.P6, P9 and P15 orders in
W.P.(C) No.26919/2019 and Exts.P4, P6 and P12 orders in
W.P.(C) No.28696/2019, are therefore set aside. The 2 nd
respondent-Wildlife Warden is directed to reconsider
Exts.P13 and P14 appeals in W.P.(C) No.26919/2019 and
Exts.P10 and P11 appeals in W.P.(C) No.28696/2019 afresh
in the light of the findings and observations made
hereinabove and pass orders thereon, within a period of one
month.
Writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/15.03.2021
W.P.(C) Nos.26919 & 28696 of 2019
APPENDIX OF WP(C) 26919/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 COPY OF THE LAND TAX RECEIPT DATED
25.11.2016.
EXHIBIT P2 PHOTOGRAPH SHOWING THE NEGLECTED
CONSTRUCTION CARRIED OUT BY ONE AMONG
THE PETITIONERS.
EXHIBIT P3 PHOTOGRAPH SHOWING THE THATCHED HUT
AND NEIGHBORING HOUSES.
EXHIBIT P4 COPY OF THE RELEVANT PAGES OF THE A
AND B REGISTER SHOWING THE NATURE OF
THE PROPERTY OF THE PETITIONERS.
EXHIBIT P5 COPY OF THE PURCHASE CERTIFICATE
DATED 19-11-1985
EXHIBIT P6 COPY OF THE REPLY GIVEN BY THE 3RD
RESPONDENT DATED 17.08.2017.
EXHIBIT P7 COPY OF THE REPLY SUBMITTED BY THE
ATTAPPADY RANGE OFFICERS OFFICE DATED
31-03-2018
EXHIBIT P8 COPY OF THE APPLICATION FILED BEFORE
THE 3RD RESPONDENT DATED 31-03-2018
EXHIBIT P9 COPY OF THE LETTER DATED BR 33/2017
08.09.2018 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P10 COPY OF THE ORDER
No.GO(MS)No.36/07/F&WLD DATED 11-06-
2007.
EXHIBIT P11 COPY OF THE NOTIFICATION EXCLUDING
PRIVATE PROPERTY IN RESPECT OF BUFFER
ZONE.
W.P.(C) Nos.26919 & 28696 of 2019
EXHIBIT P12 COPY OF THE JUDGMENT IN W.P.(C)
32188/2018 DATED 10-04-2019
EXHIBIT P13 COPIES OF THE APPEAL MEMORANDUM FILED
BEFORE THE 2ND RESPONDENT DATED 04-
07-2019
EXHIBIT P14 COPIES OF THE APPEAL MEMORANDUM FILED
BEFORE THE 2ND RESPONDENT DATED 04-
07-2019
EXHIBIT P15 COPY OF THE ORDER No.SV 1-5097/18
DATED 05-08-2019 PASSED BY THE 2ND
RESPONDENT
EXHIBIT P16 TRUE COPY OF THE LETTER DATED
16/12/2019 ISSUED BY THE PUBLIC
INFORMATION OFFICER WILD LIFE WARDEN
SILENT VALLEY DIVISION AND THE ORDER
PASSED BY THE GOVERNMENT FOREST
DEPARTMENT DATED 31/10/2019.
EXHIBIT P17 TRUE COPY OF THE LETTER DATED
09/02/2011 OF THE DEPARTMENT OF
INSPECTOR GENERAL (WL) GOVERNMENT OF
INDIA WITH THE GUIDELINES FOR
DECLARATION OF ECHO SENSITIVE ZONES
AROUND NATIONAL PARKS AND WILD LIFE
SANCTUARIES.
EXHIBIT P18 TRUE COPY OF THE CHAPTER OF THE
MANAGEMENT PLAN SHOWING THE LOCATION
CONSTITUTION AND EXTENT OF
NOTIFICATION OF SILENT VALLEY
NATIONAL PARK MINISTRY OF ENVIRONMENT
AND FOREST NOTIFICATION DATED
27/01/2010.
EXHIBIT P19 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE DATED
6.1.2016
W.P.(C) Nos.26919 & 28696 of 2019
EXHIBIT P20 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE MINISTRY OF ENVIRONEMENT,
FOREST AND CLIMATE CHANGE DATED
27.10.2020
EXHIBIT P21 TRUE COPY OF THE GOVERNMENT OF KERALA
ISSUED GOVERNMENT ORDER NO 261/2020
DTAED 24.10.2020
RESPONDENTS' EXHIBITS:
ANNEXURE-R2(A) TRUE COPY OF THE GOVERNMENT ORDER
No.GO (MS) 36/07/F&WLD DATED
11.06.2007
ANNEXURE-R2(B) TRUE COPY OF THE MAP OF THE PROPOSED
ECO SENSITIVE ZONE
ANNEXURE-R2(C) TRUE COPY OF THE GOOGLE DISTANCE MAP
SHOWING THE DISPUTED LAND FALLS WELL
WITHIN THE 10KM BOUNDARY OF THE
SILENT VALLEY NATIONAL PARK
ANNEXURE-R2(D) TRUE COPY OF THE LETTER NO.F.No.11-
63/2012-FC(Pt.) DATED 29.09.2016.
W.P.(C) Nos.26919 & 28696 of 2019
APPENDIX OF WP(C) 28696/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 COPY OF THE LAND TAX RECEIPT DATED
4.7.2018
EXHIBIT P2 COPY OF THE RELEVANT PAGES OF THE A &
B REGISTER SHOWING THE NATURE OF THE
PROPERTY OF THE PETITIONERS
EXHIBIT P3 COPY OF THE PURCHASE CERTIFICATE
DATED 30.3.1971.
EXHIBIT P4 COPY OF THE REPLY LETTER DATED
10.8.2017 SEND BY THE 2ND RESPONDENT
EXHIBIT P5 COPY OF THE APPLICATION FOR
TRANSPORTATION BEFORE THE 3RD
RESPONDENT DATED 31.7.2018
EXHIBIT P6 COPY OF THE LETTER DATED 08.09.2018
EXHIBIT P7 COPY OF THE ORDER GO(MS)
NO.36/07/F&WLD DATED 11.6.2007
EXHIBIT P8 COPY OF THE NOTIFICATION
EXHIBIT P9 COPY OF THE JUDGMENT IN WP(C) NO.
32483/18 DATED 10.4.2019
EXHIBIT P10 COPIES OF THE APPEAL MEMORANDUM DATED
4.7.2019
EXHIBIT P11 COPIES OF THE APPEAL MEMORANDUM DATED
4.7.2019
EXHIBIT P12 COPY OF THE ORDER NO SVI-5162/18
DATED 5.8.2019
EXHIBIT P8(A) TRUE COPY OF THE NOTIFICATION NO. GO
(MS) NO.36/07/F& WLD DATED 11.06.2007
W.P.(C) Nos.26919 & 28696 of 2019
EXHIBIT P-15 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE MINISTRY OF ENVORONMENT,
FOREST AND CLIMATE CHANGE DATED
6/01/2016
EXHIBIT P-16 TRUE COPY OF THE NOTIFICATION ISSUED
BYTHE MINISTRY OF ENVIORNMENT, FOREST
AND CLIMATE CHANGE DATED 27/10/2020
EXHIBIT P-17 TRUE COPY OF THE GOVERNMENT OF KERALA
ISSUED GOVERNMENT ORDER NO.261/2020
DATED 24/10/2020
RESPONDENTS' EXHIBITS:
ANNEXURE-R2(a) TRUE COPY OF THE GOVERNMENT ORDER
No.GO (MS) 36/07/F&WLD DATED
11.06.2007
ANNEXURE-R2(b) TRUE COPY OF THE MAP OF THE PROPOSED
ECO SENSITIVE ZONE
ANNEXURE-R2(c) TRUE COPY OF THE GOOGLE MAP SHOWING
THE DISPUTED LAND FALLS WELL WITHIN
THE 10KM BOUNDARY OF THE SILENT
VALLEY NATIONAL PARK.
ANNEXURE-R2(d) TRUE COPY OF THE LETTER No.F.No.11-
63/2012-FC(Pt.) DATED 29.09.2016
SR
