Ban on construction activities near Mangalavanam

The principal bench of the National Green Tribunal (NGT), New Delhi, has banned all construction activities in areas near Mangalavanam, a bird sanctuary popularly known as the ‘green lung of Kochi’.

The order dated January 30 said: “Having regard to the fact that the area is forest land and a bird sanctuary, we hold that it is not permissible to carry out any construction activity in view of statutory provisions of the Wildlife Protection Act, 1972 as well as Environmental Protection Act, 1986.”

According to the order, the plea to ban construction activities in areas close to the bird sanctuary was filed before the Kerala High Court in 2009. The areas include the Old Railway Station (formerly Ernakulam Railway goods yard), the renovation of which is being demanded by a section of the public. The case was transferred to the tribunal in November 2013. “The grievance in the application is that the forest land which is part of protected forest, adjacent to Mangalavanam Bird Sanctuary, should not be used for construction activities,” the order said.

The area was notified under Section 18 of the Wildlife Protection Act 1972 on August 31, 2004. According to the order, it is a wetland with natural forest, greenery, and a bird sanctuary, and the Railway authorities had started using bulldozers and mechanical devices which is not permissible and is against the Forest Management Plan.

The NGT had noted that the area being a bird sanctuary, the State wanted it to be protected. “The tribunal directed the State of Kerala to file an affidavit whether it is proposed to be declared as eco-sensitive area.” It was also noted by the tribunal in October 2016 that the proposal was forwarded to the Ministry of Environment and Forests (MoEF) in February 2013 by the State, which proposed the area to be declared as eco-sensitive zone.

The counsel for MoEF said in August 2017 that the draft notification had been approved, and that it would be notified within two weeks. However, even a year later the notification had not been finalised.

Subhash Chand, former president of Lawyers’ Environmental Awareness Forum, welcomed the NGT order. He said the plea before the tribunal was to ban construction activities in the Mangalavanam buffer zone so as to protect the bird sanctuary from further degradation.