Kodaikanal has a saviour in High Court

As Kodaikanal has become a concrete jungle, the situation has to be remedied by recognising and adopting best practices followed by other nations, the court said.

The Madurai Bench of the Madras High Court in 2019 expressed its concern and the need to preserve Kodaikanal. The court said that Kodaikanal had a unique natural heritage and steps must be taken by the government to preserve it. Though the hill station was already polluted and damaged enough, what was left must be preserved, the court said.

“We are concerned ... It is a part of the Palani hills and an extension of western ghats. It is known for its rich flora and fauna. There are shola forests, streams, grasslands and waterfalls,” the court said. It made the observation while disposing of the petition filed by Kodaikanal Hotel and Resort Owners Association seeking a direction to modify and approve the master plan for the municipality. The court observed that Kodaikanal was not one more piece of land but a unique ecosystem by itself.

The court said that the government has to plan for preservation of the unique natural heritage of Kodaikanal. “We must preserve at least what is left,” it said.

“Article 48 A of the Constitution of India mandates that the State shall endeavour to protect and improve the environment and to safeguard forests and wildlife. Article 51 A states that it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife,” the court said.

Kodaikanal has already become a concrete jungle. Before it becomes an eyesore, the situation has to be remedied. Otherwise, it will cease to be what it is. It is time to recognise and adopt best practices followed by other nations, the court said.

Air quality

For instance, on account of intense movement of motor vehicles, there is heavy emission of smoke vitiating the air quality of Kodaikanal. If need be, the vehicles can be stopped at the foothills and the tourists be taken in solar/electric public transport system. This will also prevent traffic congestion during peak seasons. The district administration must come out with innovative measures and creative solutions. The solid waste from households and hotels cannot be dumped just like that. The cost of disposal and transportation will have to be borne by the waste generator. In other words, pollution of every kind will have to be put an end to. The violators will have to be dealt with an iron hand.

If a new construction is illegally coming up, action should be taken and deviation nipped in the bud. Whenever an application for putting up a construction is submitted, it must be vetted with utmost care and the process of scrutiny will have to be strict. The authorities at the regulatory, supervisory and field level will have to ensure that every norm laid down in the laws relating to planning and environment are scrupulously adhered to. Time has come to fix personal liability on officials and make them accountable, the court said.

Following the crackdown on the buildings built in violation of plan approvals, the court had directed the municipality to ‘lock and seal’ such buildings. The court in an interim order exempted educational institutions, residential buildings, government buildings, hospitals, banks, small shops like bakeries, groceries and small eateries from this procedure. However, with respect to other buildings, including religious establishments, the procedure had to be followed, the court said.