Supreme Court slams Kerala for withholding files on Munnar; summons officials

The Supreme Court of India recently came down on the Kerala government for withholding a file from the Central Empowered Committee. [TN Godavarman Thirumulpad v. Union Of India & Ors.].The Central Empowered Committee or the CEC a body under the Environment Protection Act tasked with compliance of judicial orders concerning ecology and recommending measures to State and Central governments for better implementation of such orders..A bench of Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan stated that as the CEC is a statutorily recognised body that was constituted as per the order of the Court, withholding files from it amounts to undermining the authority of the Court. "The CEC, originally constituted under the order of this Court, has now received a statutory recognition vide notification dated 5th September, 2023. The said statutory status was also granted in pursuance to the directions issued by this Court. The CEC is, therefore, discharging its duties in order to assist the Court in hearing the matters assigned to the Bench hearing TN Godavarman Thirumulpad matter. Every authority is, therefore, bound to assist the CEC when the CEC conducts an enquiry. An attempt to withhold an important file, in our view, undermines the authority of this Court. It prevents the CEC in discharging its duties of assisting the Court," the Court said. .In April this year, the Supreme Court had directed the Kerala government to file an affidavit detailing the exact area of the Cardamon Hill Reserve in Munnar.However, on July 21, Senior Advocate PV Dinesh, appearing for the Kerala government, told the Court that on account of elections and the vast record to go through, the State was unable to do the needful and sought four more months to complete its task. The Court, however, made it clear that it was not inclined to grant the same. It also noted that Land Revenue Commissioner Dr. A Kowsigan and Additional Secretary TR Jayapal had issued communications to the CEC stating that the State Government would be unable to furnish a file requested by it on the same issue.Taking a dim view of the same, the Court directed the two officials to personally appear before the Court on August 21 and show cause as to why contempt of court proceedings should not be initiated against them. .The order was passed on pleas in which the CEC had been updating the Bench as to steps taken to remove encroachment, implementation of working plans, compensatory afforestation, plantation and other such conservation issues dealing with protection forest resources in the country.Apart from the case of Kerala, the Court noted that there are two Benches dealing with the issue of land allotment in the protected area in the Delhi Ridge. To avoid conflicting orders, the Court directed the Registry to place all Delhi Ridge related matters before the Chief Justice of India so that it can be allotted to one bench. The Court also granted six months time to the High Powered Technical Committee that was constituted pursuant to earlier orders of the Court, to identify the areas outside the Delhi Ridge having similar morphological features to that of the notified ridge area..The matter will be taken up next on August 21. Senior Advocate PV Dinesh and advocate Nishe Rajan Shonker appeared for the State. Senior Advocate Raghenth Basant and advocate A Karthik for applicant One Earth One Life.Advocate K Parameshwar served as Amicus Curiae. .[Read Order]