SC upholds demolition of illegal constructions

August 11, 2013 11:09 pm | Updated 11:09 pm IST - KOCHI:

The Supreme Court has upheld the Kerala High Court order asking Green Lagoon Resort in Vettila Thuruthu in Vembanad Lake near Eramalloor to demolish illegal constructions, in violation of Coastal Regulation Zone notifications, there.

Dismissing the Special Leave Petition filed by the resort group, the apex court order said the High Court directions regarding the demolition of illegal construction effected during the currency of CRZ Notifications 1991 and 2011 were perfectly in tune with its decision which held that “such notifications have been issued in the interest of protecting environment and ecology in the coastal area and the construction raised in violation of such regulations cannot be lightly condoned.”

The order issued by Justice K.S. Radhakrishnan and Justice A.K. Sikri noted that the High Court had, in the case, taken into “consideration the larger public interest and to save the Vembanad Lake which is an ecologically sensitive area, so proclaimed nationally and internationally”.

According to the apex court, “the Vembanad Lake is presently undergoing severe environmental degradation due to increased human intervention and recognizing the socio-economic importance of this water body, it has recently been scheduled under “vulnerable wetlands to be protected”.

Highlighting the ecological importance of the lake, the court held that it played an important role in the ecology and economy of the south-west coast of India.

Vembanad Lake was declared a Ramsar site in 2002. The “wetlands included in the list acquire a new status at the national and international level and the Convention mission is the conservation and wise use of such wetland, through local, regional and national actions and international cooperation as a contribution towards achieving sustainable development,” it said.

“Considering the fragile ecosystem of the wetland, deterioration of water quality and consequent damage to aquatic organisms and the shrinkage of Vembanad Lake, this wetland system was included in the National Lake Conservation Programme by the National River Conservation Authority under the Ministry of Environment and Forest,” the judgment said.

Kerala “had also decided to establish Vembanad Eco-Development Authority towards implementation of project for restoration and re-generation of Vembanad Lake. The shrinkage of Vembanad Lake as a result of land reclamation has been the most damaging environmental consequence of various human interventions. Vembanad Lake is undergoing severe environmental degradation due to increased human interventions which is of serious concern for the State of Kerala,” it said.

The court felt that the protection of several small islands in and around Vembanad Lake was of considerable importance. It suggested that a “proper legal framework for protecting and conserving the lake and its resources, regulation of tourism, construction of resorts on the banks, industrial, domestic, agriculture pollution etc calls for urgent attention”.

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