A Division Bench of the Kerala High Court on Wednesday directed the Principal Chief Conservator of Forests to ensure that all activities in the forests in the State are undertaken only in accordance with the forest management plan and the Forest Conservation Act.
The Bench comprising Chief Justice Ashok Bhushan and Justice P.R. Ramachandra Menon issued the directive while disposing of a public interest writ petition filed by Niyamavedi of Kochi seeking the protection of natural forests.
Petitioner’s charge
According to the petitioner, a large extent of forest was being destroyed in the guise of the World Bank-aided Kerala Forest Tree Project.
13 advocates
The court had appointed a team of 13 advocates of the High Court to inspect the project areas.
Though weeding was restrained by the interim order, the court later had modified its order and allowed planting of trees and weeding.
The advocate commissioners led by P.B. Sahasranaman had filed as many as six reports in 2001.
The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, was enacted following the recommendation of the commissioners that the ownership of all ecologically fragile forestlands be vested with the government, irrespective of any right or other interest held by any person by virtue of any judgment, decree or order of any court or other authorities, any documents or assignments, including title deeds.
Plan preparation
The Government Pleader submitted that every year the forest management plan would be prepared and submitted to the Central government.
The court also observed that the expert’s suggestion on weeding and usage of pesticides could be done under expert opinion of the Chief Conservator of Forests.
Directive to Principal Chief Conservator on forest-related activities