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The Supreme Court of India on July 24, 2024 reprimanded Kerala for withholding information from the Central Empowered Committee (CEC), hindering the panel’s duty to assist the court. During a hearing concerning the Cardamom Hill Reserve in Kerala, the SC emphasised that all authorities are bound to support the CEC during its inquiries.
Noting the conflicting affidavits submitted by Kerala, the SC on April 15, 2024 ordered that Kerala must clarify its position to resolve discrepancies in the documents submitted in various proceedings. The counsel for the state requested a four-month extension due to elections and the extensive records involved.
On July 24, 2024, the Supreme Court denied this request, granting only two months for Kerala to collect data and make a definitive decision regarding the Cardamom Hill Reserve’s boundaries.
Meanwhile, the CEC is conducting an enquiry to assist the court. In a communication dated July 18, 2024, the CEC secretary requested Kerala for a true copy of a file in the matter. However, A Kowsigan, commissioner of land revenue and TR Jayapal, additional secretary of Kerala, informed the CEC that they could not provide it as the file was under government review.
The CEC, originally established by the SC, gained statutory recognition on September 5, 2023 following court directives. The CEC is therefore discharging its duties in order to assist the court in hearing the matters assigned to the bench hearing the T N Godavarman Thirumulpad case, the apex court stated.
The SC July 24, 2024 directed notices be issued to Kowsigan and Jayapal to appear on August 21, 2024 to explain why contempt proceedings should not be initiated against them.
The Punjab government is actively considering expanding the eco-sensitive zone (ESZ) around the Sukhna Lake Wildlife Sanctuary, the Supreme Court (SC) was told on July 24, 2024. Advocate General Gurminder Singh stated the current proposal, which limits the ESZ to 100 metres, does not adequately address environmental and ecological concerns. The Punjab government is reconsidering this matter, with the next hearing scheduled for September 18, 2024.
Amicus Curiae pointed out that a Punjab High Court order dated March 2, 2020 directed the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) to notify an ESZ of at least one kilometre from the sanctuary’s boundary, covering areas in Punjab and Haryana.
While hearing a case about the encroachment and diversion of Ridge land, Additional Solicitor General Aishwarya Bhati and counsel Manika Tripathy asked the SC for four weeks to file responses on behalf of the central government, Delhi government and Delhi Development Authority. The court granted this request on July 24, 2024, listing the application for August 21, 2024.
A Supreme Court order on May 9, 2024 noted a CEC report highlighting alarming issues. Despite notifications on May 24, 1994 and March 19, 1996 indicating a total reserve forest area of 7,784 hectares, the final notification covered only 103.48 hectares, the Committee underlined.
Additionally, 5 per cent of the area is encroached upon and the diversion of Ridge land for non-forestry purposes is increasing, the CEC added.