The Forest Department has justified its stance that prior approvals under the provisions of the Forest (Conservation) Act were required before transporting the huge quantity of debris that had accumulated in the Pampa following the devastating floods of 2018.
Though the Disaster Management Act has overriding effect on other statutes, the debris collected could be transported outside the forest area only after obtaining requisite permissions as envisaged under the relevant provisions of Forest (Conservation) Act, says a report filed by the Principal Chief Conservator of Forests and Head of Forest Force, Kerala, before the Southern Bench of the National Green Tribunal(NGT) on March 20.
“Such removals will definitely attract the relevant provisions of the Forest (Conservation) Act,” it says.
The Bench comprising Justice K. Ramakrishnan and expert member Saibal Dasgupta had taken suo motu notice of the news report ‘Kerala Forest Department told to permit sand removal from Pampa’ published in The Hindu on May 30, 2020.
The State respondents were directed to file their independent responses to the circumstances under which the National Disaster Management Act was invoked for de-silting without following the necessary procedures.
Controversy
The sand removal had snowballed into a controversy after the Forest Department revoked an order issued by the District Collector, Pathanamthitta, permitting Kerala Clays and Ceramic Products Ltd (KCCPL), a public sector entity based in Kannur headed by a functionary of the CPI(M), to transport costly river sand from Triveni at Pampa.
The report states that the KCCPL started transporting the accumulated sand/silt without the permission of the Forest Department instead of depositing it in the nearby forest site.
The balance quantity of sand, silt, and the debris that was deposited in the forests by Tata Projects Ltd, which was entrusted with the Pampa rebuilding mission, for about two years had by now compacted itself.
It had more or less merged with the forest ecosystem. It may not have to be removed any more and could be left for further stabilising at the site, according to the report.
