The Hindu : Kerala News : Single judge order on tea estates set aside

Online edition of India's National Newspaper
Wednesday, Jan 12, 2005

Kerala

Kerala

Single judge order on tea estates set aside

By Our Staff Reporter

KOCHI, JAN. 11. A Division Bench of the Kerala High Court today set aside a directive issued by a single judge to the Central Government to take over the nine tea estates of Ram Bahadur Thakur at Peerumedu and Vandiperiyar in Idukki district.

The Bench comprising the Chief Justice, B. Subhashan Reddy, and Justice A.K. Basheer passed the judgement on appeals filed by the Central Government and the estate owner. According to the Central Government, the two sub-committees appointed by it concluded that it was not at all financially viable or feasible to take over the nine estates.

The court said that the High Range Labour Union (AITUC) could file a representation before the Central Government expressing its willingness to take over the estates. It was for the Central Government to decide whether the union should be entrusted with the running of the estates. The union submitted that the closure of the estates had affected 5,000 labourers.

Notices to Government

The bench today admitted a writ petition seeking a directive to the State and Central Governments not to allow any constructions in the `No-Development Zones' of 200 metres from the High Tide Line (HTL) as stipulated in the Coastal Regulation Zone (CRZ) notification, under the guise of rehabilitation of tsunami victims.

The bench issued notices to the State and Central Governments. The petition was filed by S. Seetharaman, secretary, Association for Environment Protection, Aluva. As per the CRZ-III norms, the area up to 200 metres from the HTL should be earmarked as `No Development Zone.'

The petitioner pointed out that as per the norms, no construction activities should be permitted within this zone except for repairs of existing authorised structures. However, the following activities and use are permissible in this zone: agriculture, horticulture, gardening, pastures, parks, play fields, forestry, projects relating to the Department of Atomic Energy, mining of rare minerals, salt manufacture from sea water and facilities for receipt and storage of petroleum products and liquefied natural gas.

The petitioner said that many people living along the coastal areas had lost their houses in the tsunami onslaught.

Now the State Government under the guise of rehabilitation of tsunami victims proposed to construct houses on the `No-Development Zone.'

He said that the State Government was of the opinion that it was impracticable to implement the norms in the thickly populated coastal areas of the State.

The Government had reportedly urged the Centre to bring down the 200-metre limit to 50 metres.

The petition also sought a directive to the Central Government to constitute a permanent Kerala Coastal Zone Management Authority.

Provident Fund

Justice M. Ramachandran of the Kerala High Court today observed that there was no justification for retaining the provident fund dues of retired KSRTC employees on the ground of lack of funds.

The court said that the provident fund amount should be paid on the date of retirement. The court made the observation while issuing a directive for payment of provident fund and gratuity amount due to five retired employees.

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