Kerala - Kochi   

Ponmudi land deal: court issues notice

Kochi: A Division Bench of the Kerala High Court on Thursday issued notice to the State Government, Custodian of the Ecologically Fragile Land and Chief Conservator of Forests and the owner of Merchiston Estate at Ponmudi on a public interest litigation challenging the order of the Custodian declaring that the estate land was not an ecologically fragile land.

The Bench comprising Chief Justice H.L. Dattu and Justice K. T. Sankaran asked the respondents to file their objections within two weeks.

When the petition filed by the Friends of Environment, a Kochi-based organisation, challenging the Government Order de-notifying the Merchiston Estate at Ponmudi, a part of which was sought to be sold to the Indian Space Research Organisation (ISRO) for setting up the Indian Institute of Space Science and Technology (IIST), came up, Special Government Pleader (Forests) Ranjith Thampan took notice on behalf of the Government. Counsel for the petitioner P.K. Ibrahim submitted that the challenge would be confined to the Custodian’s order.

The petitioner had sought to declare void Sections 17 to 20 of the Kerala Forests (Vesting and Management of Ecologically Fragile Land) Rules. These sections empowered the Custodian with the power to review an order on declaration of an ecologically fragile land.

The petitioner pointed out that when the Act and Rules contemplated a tribunal for settling disputes, the Government could not de-notify an ecologically fragile land.

The petitioner pointed out that when the 640 hectares of forest land was declared ecologically fragile land, the estate owner had not challenged the Government Order before the tribunal.

The petitioner pointed out that the State Government had promulgated the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Ordinance in 2000 with a view to vest the ecologically fragile land in the Government for maintaining the ecological balance and conserving the bio-diversity.

As per section 3 of the Ordinance, all ecologically fragile land held by any person had stood vested in the Government.

Accordingly, the Government by notification in October 20, 2000, notified details of the ecologically fragile land vested in the Government under Section 3 (1) of the Ordinance which later became an Act. The Ponmudi estate had also been included in the notification on fragile land.

The petitioner alleged that Xavi Mano Mathew of the Merchiston Estate in collusion with the Thennur Village Officer had created documents claiming ownership and possession of the reserve forest. He owed his allegiance to the Kerala Congress (J) and had exerted his political influence on the Custodian of the Ecologically Fragile Land for obtaining the order, the petitioner alleged.

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