THOMAS LAWRENCE versus THE STATE OF KERALA & ORS.

Citation: [2020] 9 S.C.R. 325 · Decided: 29-10-2020 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Disposed off
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Judgment (excerpt)

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THOMAS LAWRENCE
v.
THE STATE OF KERALA & ORS.
(Civil Appeal No. 2535 of 2020)
OCTOBER 29, 2020
[R. F. NARIMAN, NAVIN SINHA AND
INDIRA BANERJEE, JJ.]
Kerala Conservation of Paddy Land and Wetland Act, 2008
– Original application filed before National Green Tribunal (NGT)
– Destruction of Wetlands and 10 acre Pond inside Technopark
Region, Thiruvananthapuram, Kerala alleged – Order was passed
directing District Collector, Thiruvananthapuram to take action –
Present execution application filed – Dismissed – On appeal,
held:Collector has passed an order pursuant to NGT’s order – Thus,
the execution application filed before NGT became infructuous –
Open to the appellant-petitioner to challenge the order of the
Collector in accordance with law – Wetlands (Conservation and
Management) Rules, 2010 – r.4 – Environmental Law.
Disposing of the matters, the Court
HELD: Given the fact that the Collector has passed an order
pursuant to the NGT’s order dated 19.12.2018, it is clear that
the execution application filed before the NGT has become
infructuous. It is open to the petitioner to challenge the order of
the Collector dated 30.04.2019 in accordance with law. If such
challenge is made within a period of 8 weeks from today, the
petitioner’s challenge will not be dismissed solely on the ground
of delay. [Para 5][329-B]
M. K. Balakrishnan v. Union of India (2017) 7 SCC
810 (2) – referred to.
Case Law Reference
(2017) 7 SCC 810 (2)
referred to
Para 2
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2535
of 2020.
[2020] 9 S.C.R. 325
325
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SUPREME COURT REPORTS
[2020] 9 S.C.R.
From the Judgment and Order dated 06.11.2019 of the National
Green Tribunal, New Delhi in Execution Application No. 39 of 2019 in
Original Application no. 875 of 2018.
Ms. Anitha Shenoy, Vikas Singh, Pinaki Mishra, Sr. Advs.,
Ms. Srishti Agnihotri, Ms. Meera Gopal, Ms. Sanjana Grace Thomas,
Jishnu M L, Ms. Priyanka Prakash, Ms. Beena Prakash, G. Prakash,
Ms. Anindita Roy Chowdhary, Pradyumna Sharma, Paresh B. Lal,
Ms. Anannya Ghosh, Sajith. P, Advs. for the appearing parties.
The Judgment of the Court was delivered by
R. F. NARIMAN, J.
1. The present appeal arises out of an order of the National Green
Tribunal, Principal Bench, New Delhi, dated 06.11.2019, in which the
NGT states:
“In view of order dated 14.10.2019 in O.A. No. 71 of 2019,
Sanjeev SJ, President, Environmental Protection and
Research Council v. State of Kerala, no separate order is
necessary in this matter as the issue raised can be gone into in the
course of EIA study in the said matter.
The application is disposed of.”
2. Mrs. Anitha Shenoy, learned senior advocate, appearing on
behalf of the appellant/PIL-Petitioner states that the order dated
14.10.2010 dealt with a completely different matter, namely, Original
Application No.71 of 2019, which was concerned with a challenge to
the environmental clearance granted to one Dragon Stone Reality Private
Limited. This clearance was in respect of an area of 9.75 acres of the
Veli-AkkulamWetland. As against this, the present Execution Application
No.39 of 2019 arises out of an Original Application No.875 of 2018,
which is in respect of violations with regard to 19.73 acres of the Veli-
AkkulamWetland. Thus, the present case concerns itself with an order
dated 19.12.2018 of the NGT which reads as follows:
“Allegation in this letter, which has been treated as an application,
is that there is mass destruction of Wetlands and 10 acre Pond
inside the Technopark Region, Thiruvananthapuram, Kerala.
Let the District Collector, Trivandrum look into the matter and
take appropriate action in accordance with law within one month.
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Copy of this order along with complaint be sent to the District
Collector, Trivandrum by e-mail for compliance.
Needless to say that order of National Green Tribunal is binding
as a decree of Court and non-compliance is actionable by way of
punitive action including prosecution, in terms of the National Green
Tribunal Act, 2010.
The application is disposed of.”
Learned counsel for the appellant through her written submissions
placed reliance on reports of local authorities including the Agricultural
Officer, Attipura and Village Officer, Attipura to argue that the land over
which the construction was taking place was a wetland and that in view
of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the
construction would be illegal. She further placed reliance on several
or
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