Greens concern Kerala HC order to return land to non-public homeowners will set unhealthy precedent

By Express News Service

KOZHIKODE: Environmental activists are anxious that the Kerala High Court ruling to return the government-acquired land to non-public events in Thusharagiri right here would set a foul precedent elsewhere throughout the state. They concern that extra personal events would strategy the court docket to get again the lands acquired from them on the traces of Thusharagiri.

“It was after two-year-long intense fight by environmental activists and local residents that the government acquired 270 acres in Thusharagiri citing it as ecologically fragile land (EFL). Now, the court has ruled in favour of four land owners and ordered to give back the 24 acres. The court verdict will soon propel others as well to seek legal measures,” stated T V Rajan, state secretary of All Kerala River Protection Committee. The authorities had acquired ecologically fragile land from 67 different homeowners in Thusharagiri.

The Jeerakappara inexperienced battle — which later got here to be recognized within the identify of Thusharagiri — towards the large-scale felling of timber was observed statewide with the participation of activists like Medha Patkar and Sugathakumari. As a results of the protests and battle, the state authorities acquired 270 acres of land owned by 71 people as EFL in 2000 with out giving any compensation.

According to Rajan, the 4 land homeowners approached the EFL tribunal in 2006 to get again 24 acres they owned within the capability of farmers. “The tribunal ruled it as not EFL. Then they approached the HC with the tribunal ruling. The High Court designated a commission, which visited Thusharagiri. The panel counted 8,008 trees a day, which is practically impossible. Based on the commission’s report, the High Court ruled in favour of the land owners in 2014. But the government went for appeal in the Supreme Court only after seven years. That itself caused the apex court to dismiss the appeal,” stated Rajan.

He alleged that each the federal government pleader and the forest division had been grossly lackadaisical within the case, which prompted the court docket ruling in favour of the personal events.

‘Two waterfalls, kayaking occasion below risk’

Baby Kottupalli, a farmer and inexperienced activist, stated the 2 waterfalls at Thusharagiri (Mazhavil and Irattumukku), the trail to the vacationer spot and ticket counter can be included within the 24 acres of land that the court docket has ordered to offer again to the homeowners. “If the land is given back, the entire biodiversity of Thusharagiri will be in peril. The Chalipuzha river, which hosts the international kayaking competition annually, originates from the waterfalls. A comprehensive study of the rich wildlife and flora and fauna of Thusharagiri is yet to be undertaken. Further, the two eco-friendly small hydroelectric projects of KSEB-Chembukadavu 1, 2 are situated just a kilometre below the Irattamukku waterfall,” stated Baby. The annual kayaking occasion, being held with the participation of kayakers from international nations, had put Kozhikode on the worldwide sporting calendar.

‘Govt ought to purchase land by giving compensation’

The High Court order on February 2 this yr handy over the land to homeowners inside 4 months had catapulted the problem into the limelight once more. A consensus being put ahead by each environmental activists and the Kodenchery gram panchayat is that the federal government ought to purchase the 24 acres by giving sufficient compensation to the homeowners. “That is a feasible move. If the government had acquired the land in 2000 after giving compensation, this issue would not have happened,” stated Alex Thomas Chempakasserry, Kodenchery grama panchayat president.

The panchayat board and biodiversity committee of the panchayat have handed a decision on this regard. Meanwhile, the forest minister has designated the principal conservator of forests to submit a report on the problem.

Fact file

1998-2000: Protests to preserve Jeerakappara forest following large-scale tree-felling2000: Govt acquires 270 acres of land citing it as EFL2006: Four personal homeowners strategy EFL Tribunal2006: HC appoints fee after tribunal guidelines in favour of owners2014: HC guidelines to offer again 24 acres of land to owners2020: Govt appeals in SC however dismissed2021 Feb: HC orders handy over the land to proprietor inside 4 months.