The Supreme Court of India recently criticized the Kerala government for not providing a requested file to the Central Empowered Committee (CEC), which is tasked with overseeing environmental compliance and recommending measures to the State and Central governments. The CEC was established under the Environment Protection Act to support the Court’s directives on ecological issues.
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NEW DELHI: The Supreme Court of India recently admonished the Kerala government for its failure to provide a requested file to the Central Empowered Committee (CEC). The CEC is a statutorily recognized body established under the Environment Protection Act, responsible for ensuring compliance with judicial orders concerning ecological matters and recommending implementation measures to both State and Central governments.
A bench of Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan emphasized the significance of the CEC’s role, stating-
“The Central Empowered Committee (CEC), originally established by this Court’s order, has been granted statutory recognition through a notification dated September 5, 2023, in accordance with this Court’s directives. As a result, the CEC now performs its functions to aid the Court in matters assigned to the Bench handling the TN Godavarman Thirumulpad case. It is imperative that all authorities cooperate with the CEC during its inquiries. Withholding a crucial file, in our view, undermines the Court’s authority and obstructs the CEC’s role in assisting the Court.”
In April, the Supreme Court directed the Kerala government to submit an affidavit detailing the exact area of the Cardamom Hill Reserve in Munnar. However, on July 21, Senior Advocate PV Dinesh, representing the Kerala government, informed the Court that due to elections and the extensive records to review, the State needed an additional four months to comply with the order. Despite this request, the Court expressed its disinclination to grant the extension.
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The Court took note of communications from Land Revenue Commissioner Dr. A Kowsigan and Additional Secretary TR Jayapal to the CEC, indicating the State Government’s inability to provide the requested file. This prompted the Court to direct the two officials to appear personally on August 21 to explain why contempt of court proceedings should not be initiated against them.
The Court’s order came in response to pleas where the CEC had been updating the Bench on efforts to address issues such as encroachment removal, implementation of working plans, compensatory afforestation, plantation, and other conservation initiatives related to forest resource protection.
Additionally, the Court acknowledged similar issues in the Delhi Ridge area, where two Benches are addressing land allotment in protected zones. To prevent conflicting orders, the Court instructed the Registry to refer all Delhi Ridge-related matters to the Chief Justice of India for consolidation under one bench.
Furthermore, the Court granted the High Powered Technical Committee, established by previous Court orders, six months to identify areas outside the Delhi Ridge with similar morphological features as the notified ridge area.
The matter is scheduled for the next hearing on August 21.
Senior Advocate PV Dinesh and advocate Nishe Rajan Shonker represented the State of Kerala. Senior Advocate Raghenth Basant and advocate A Karthik appeared for the applicant One Earth One Life, while Advocate K Parameshwar served as Amicus Curiae.
