Kerala High Court

Suo Motu vs State Of Kerala on 29 February, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                    THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                         &
                        THE HONOURABLE MR. JUSTICE G.GIRISH
          Thursday, the 29th day of February 2024 / 10th Phalguna, 1945

                                SSCR NO. 6 OF 2023


IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
REPORT - SM.NO.6/2023 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA
AS DIRECTED BY HON'BLE HIGH COURT OF KERALA VIDE ORDER DATED 23/01/2023 IN SSCR
NO.9 OF 2022 REGARDING TOILET FACILITIES, BIO - TOILETS AND STP AT SANNIDHANAM
AND NILAKKAL - SUO MOTU PROCEEDINGS INITIATED - REG:


  PETITIONER:


         SUO MOTU


  RESPONDENTS:


   1.    STATE OF KERALA

         REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIATE,

         THIRUVANANTHAPURAM -695001

   2.    THE TRAVANCORE DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,

         THIRUVANANTHAPURAM-695 003

   3.    THE EXECUTIVE OFFICER,

         SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,

         THIRUVANANTHAPURAM-695 003

   4.    DEVASWOM COMMISSIONER,

         THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,

         THIRUVANANTHAPURAM-695 003

   5.    EXECUTIVE DIRECTOR

         SUCHITWA MISSION, SWARAJ BHAVAN, BASE FLOOR (-1), NANTHENCODE,

         KOWDIAR POST, THIRUVANANTHAPURAM-695 003.

   6.    PRINCIPAL CHIEF CONSERVATOR OF FORESTS,

         THIRUVANANTHAPURAM-695 014
 7.    DEPUTY DIRECTOR

      PERIYAR WEST DIVISION, PEERUMEDU, IDUKKI-685531

8.    ASSISTANT ENGINEER

      ENVIRONMENT WING OF TRAVANCORE DEVASWOM BOARD, NANTHANCODE,

      KAWDIAR POST, THIRUVANANTHAPURAM-695 003

9.    CHIEF VIGILANCE SECURITY OFFICER

      (SUPERINTENDENT OF POLICE- VIGILANCE),

      TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST,

      THIRUVANANTHAPURAM-695 003

10.   INDIAN CENTRIFUGE ENGINEERING SOLUTIONS PVT.LTD., (*DELETED)

      C4, SIDCO INDUSTRIAL ESTATE, ETTUMANNOOR,

      KOTTAYAM-686631, KERALA, INDIA,

      REPRESENTED BY ITS GENERAL MANAGER (MR RAVI JAISWAL)

      *10TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER

      DATED 21/02/2023 IN SSCR NO.6/2023.

11.   THE STATE OF KERALA (**CORRECTED)

      REPRESENTED BY THE SECRETARY TO GOVERNMENT,

      REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,

      THIRUVANANTHAPURAM-695 001

      **11TH RESPONDENT IS CORRECTED BY DELETING THE WORDS

      THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT

      AS PER ORDER DATED 21/02/2023 IN SSCR NO.6/2023.

12.   THE JOINT DIRECTOR

      KERALA STATE AUDIT DEPARTMENT,TRAVANCORE DEVASWOM BOARD AUDIT,

      NANTHANCODE, THIRUVANANTHAPURAM-695 003.

      ***ADDITIONAL R13 IMPLEADED

13.   THE EXECUTIVE DIRECTOR,

      SUCHITWA MISSION, LOCAL SELF GOVERNMENT DEPARTMENT,

      GOVERNMENT OF KERALA, REVENUE COMPLEX, 4TH FLOOR,

      PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM- 695 033

      ***IS SUO MOTU IMPLEADED AS ADDITIONAL 13TH RESPONDENT VIDE ORDER

      DATED 02/06/2023 IN SSCR.NO.6/2023
       ***ADDL.R14 & R15 IMPLEADED

14.   THE CHIEF ENGINEER,

      TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,

      THIRUVANANTHAPURAM - 695 003

15.   THE EXECUTIVE ENGINEER,

      SABARIMALA DEVELOPMENT PROJECT, TRAVANCORE DEVASWOM BOARD

      BUILDING, KUMBAZHA ROAD, PATHANAMTHITTA - 689 645

      ***ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 14 AND 15

      VIDE ORDER DATED 06/10/2023 IN SSCR.NO.6/2023

      ***ADDL.R16 & R17 IMPLEADED

16.   THE EXECUTIVE MAGISTRATE,

      PAMBA, PATHANAMTHITTA-689 662

17.   THE EXECUTIVE MAGISTRATE,

      SANNIDHANAM, SABARIMALA, PATHANAMTHITTA-689 713

      ***ARE SUO MOTU IMPLEADED AS ADDITIONAL 16TH AND 17TH RESPONDENT

      VIDE ORDER DATED 30/11/2023 IN SSCR.NO.6/2023.

      ***ADDL.R18 IMPLEADED

18.   UNION OF INDIA,

      REPRESENTED BY THE SECRETARY TO GOVERNMENT,

      MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,

      INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD,

      NEW DELHI-110003

      ***IS SUO MOTU IMPLEADED AS ADDITIONAL 18TH RESPONDENT VIDE ORDER

      DATED 25/01/2024 IN SSCR.NO.6/2023

      ***ADDL.R19 IMPLEADED

19.   HIGH POWER COMMITTEE FOR IMPLEMENTATION OF SABARIMALA

      MASTER PLAN,REPRESENTED BY THE MEMBER SECRETARY


      ***IS SUO MOTU IMPLEADED AS ADDITIONAL 19TH RESPONDENT VIDE

      ORDER DATED 29/02/2024 IN SSCR.NO.6/2023
       BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER FOR R1, R5, R6, R7,

      R9, R11, R12 and ADDL.R13

      BY SRI.G.SANTHOSHKUMAR, SC, TRAVANCORE DEVASWOM BOARD FOR R2 TO

      R4, R8, R14 and R15

      BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPECIAL

      COMMISSIONER

      BY SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA

      BY STANDING COUNSEL FOR HIGH POER COMMITTEE FOR IMPLEMENTATION

      OF SABARIMALA MASTER PLAN


      THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR

ORDERS AGAIN ON 29/02/2024, UPON PERUSING THE REPORT AND THIS COURT'S

ORDER DATED 25/01/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                  ANIL K. NARENDRAN & G. GIRISH, JJ.
               ------------------------------------------------
                            SSCR No.6 of 2023
             ---------------------------------------------------
              Dated this the 29th day of February, 2024

                                 ORDER

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed this report

pursuant to the direction contained in the order of this Court dated

23.01.2023 in SSCR No.9 of 2022. Paragraphs 4 and 5 of the said

order read thus;

"4. Having considered the materials on record and also the submissions made at the bar, we deem it appropriate to direct the Special Commissioner, Sabarimala to file a detailed report on the toilet facilities, including container toilets and biotoilets at Nilakkal, Pampa and Sannidhanam, with specific reference to the provisions in the Sabarimala Master Plan, since the Travancore Devaswom Board is spending huge amount for the maintenance of container toilets and biotoilets at Sabarimala, during every Mandala-Makaravilakku season. In the said report, the Special Commissioner shall also deal with the functioning of Sewage Treatment Plants at Sannidhanam and Nilakkal and also the viability of a Sewage Treatment Plant at Nilakkal.

5. The report of the Special Commissioner shall be placed on record within three weeks, which shall be numbered as SSCR."

2. The 5th respondent Executive Director, Suchitwa

Mission has filed a detailed report based on the site inspection

conducted in the toilet complexes and sewage treatment plant

functioning at Nilakkal Base Camp, Pamba Manappuram, trekking

path via Neelimala and Swami Ayyappan Road, Sannidhanam and

Queue Complex. The said report contains site details, pointing out

the maintenance required, which has to be undertaken well in

advance before the commencement of Mandala-Makaravilakku

festival season of 1199 ME (2023-24).

3. By the order dated 25.01.2024, the learned Deputy

Solicitor General of India was directed to get necessary

instructions on the suggestion made by the Special Commissioner,

Sabarimala in his report dated 17.02.2023 at page No.23, which

reads thus;

"iii. The Travancore Devaswom Board may be directed to explore the possibility and feasibility of drawing sewer net- work along both the trek routes and connect it to the STP at Pampa, Cheriyanavattom in consultation with the High Power Committee and Kerala Forest Department. If neces- sary, steps may be taken for diversion of forest land for this purpose."

4. Today, when this matter is taken up for consideration

the learned Deputy Solicitor General of India has made available

for the perusal of this Court, a copy of the communication

No.F(C)A/12.7/709/HC/KER/494 dated 23.02.2024 of the Assis-

tant Inspector General of Forest (Central), Ministry of Environ-

ment, Forest and Climate Change, wherein it is stated that the

State Government have the primary responsibility to determine

status of any parcel of land, giving due regards to gazette notifi-

cations, provisions under State and Central Acts and concerned

judgments and directions of the Hon'ble Supreme Court. Prior ap-

proval of the Central Government under Section 2(1) of the Forest

(Conservation) Act, 1980 is required for carrying out any non-for-