In a decisive move to protect vital water bodies, the Kerala High Court has issued a strict four-month ultimatum to the Kochi Corporation. The civic body must now, with police assistance, clear all illegal encroachments on the puramboke land of the Konthuruthy River.
Court Takes Stern View of Five-Year Delay
The order was passed by a bench comprising Justices A Muhamed Mustaque and S Manu. They were hearing a contempt of court petition filed by K J Tomy of Konthuruthy against the state government and the corporation. The petitioner highlighted the authorities' failure to comply with an earlier judicial directive.
The original judgment mandating the removal of encroachments was delivered on June 9, 2020. The court had then granted the corporation a period of one year to rehabilitate the encroachers and subsequently evict them. However, the bench noted with displeasure that the state government and the corporation had delayed compliance for over five years, showing a clear disregard for the court's authority.
Rehabilitation Deadlock and Court's Directive
The court observed that it had passed several follow-up orders directing the revenue department and the corporation to streamline a rehabilitation project for those living along the river. Despite these repeated instructions, no effective action was taken on the ground.
During the proceedings, the standing counsel for the corporation presented their defense. They argued that the corporation had cooperated with the rehabilitation process, but the encroachers were unwilling to accept the government's compensation package, deeming it inadequate.
Taking note of this submission, the bench was unequivocal. It reiterated the firm four-month deadline for the physical removal of the encroachments. The court stated that working out the modalities for rehabilitation, including the compensation issue, was the responsibility of the concerned department and the corporation.
Chief Secretary Asked to Intervene
To ensure immediate action, the High Court issued a specific directive to the state's top bureaucrat. The Chief Secretary has been ordered to convene a meeting within two weeks to initiate concrete measures for the rehabilitation of the affected encroachers. This step is intended to break the administrative logjam and expedite the process.
This ruling underscores the judiciary's growing impatience with prolonged bureaucratic inaction in environmental matters. It sets a clear precedent for the protection of puramboke (government-owned) land, especially ecologically sensitive areas like riverbanks, from illegal occupation.
