Case Note & Summary
The present appeal arises from an order of the National Green Tribunal (NGT), Principal Bench, New Delhi, dated 06.11.2019, which disposed of Execution Application No.39 of 2019 by stating that no separate order was necessary as the issue could be gone into in the course of an EIA study in Original Application No.71 of 2019. The appellant, Thomas Lawrence, had filed the execution application alleging non-compliance with an earlier NGT order dated 19.12.2018, which directed the District Collector, Trivandrum, to look into the matter of mass destruction of wetlands and a 10-acre pond in the Technopark Region and take appropriate action in accordance with law within one month. The appellant contended that the District Collector's order dated 30.04.2019 was not in accordance with law, as it failed to consider that the land was a wetland under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and that reclamation was barred under Rule 4 of the Wetlands (Conservation and Management) Rules, 2010. The appellant also relied on the Supreme Court's order in M.K. Balakrishnan v. Union of India (2017) 7 SCC 810(2). The State of Kerala argued that the Collector had passed a reasoned order. The Supreme Court found that the NGT's order dated 06.11.2019 was erroneous because it relied on a different matter (O.A. No.71 of 2019 concerning Dragon Stone Reality Private Limited and 9.75 acres) whereas the present case involved 19.73 acres of the Veli-Akkulam Wetland. The Court held that the Collector's order did not address the issue of whether the land was a wetland and whether the construction was illegal. Consequently, the Supreme Court set aside the NGT's order and remanded the matter to the NGT for de novo hearing, directing the NGT to consider the execution application afresh in accordance with law.
Headnote
A) Environmental Law - Wetland Conservation - Reclamation of Wetlands - Rule 4 of Wetlands (Conservation and Management) Rules, 2010 - The appellant alleged mass destruction of wetlands and a 10-acre pond in Technopark Region, Thiruvananthapuram. The NGT had directed the District Collector to take action in accordance with law. The Collector's order dated 30.04.2019 was challenged as not being in accordance with law. The Supreme Court held that the NGT's order disposing of the execution application by relying on a different matter was erroneous and remanded the matter for de novo hearing. (Paras 1-5) B) Environmental Law - Wetland Conservation - Kerala Conservation of Paddy Land and Wetland Act, 2008 - The appellant argued that construction on wetland was illegal under the Act. The Supreme Court noted that the Collector's order did not address the issue of wetland status and remanded the matter for fresh consideration. (Paras 2-5)
Issue of Consideration
Whether the National Green Tribunal's order dated 06.11.2019, which disposed of the execution application by relying on a separate matter, was correct, and whether the District Collector's action was in accordance with law.
Final Decision
The Supreme Court set aside the NGT order dated 06.11.2019 and remanded the matter to the NGT for de novo hearing, directing the NGT to consider the execution application afresh in accordance with law.
Law Points
- Wetland conservation
- Environmental law
- Reclamation of wetlands
- Rule 4 of Wetlands (Conservation and Management) Rules
- 2010
- Kerala Conservation of Paddy Land and Wetland Act
- 2008
- National Green Tribunal Act
