“Every Authority Is Bound To Assist CEC”: SC Summons Officials Of State Of Kerala For Withholding Files Showing Area Under Cardamom Hill Reserve
The Supreme Court has observed that every authority is bound to assist the Central Empowered Committee (‘CEC’) and when it conducts an enquiry and that any attempt to withhold an important file undermines the authority of the Court.
The Bench was hearing one of the writ petitions filed by T.N. Godavarman Thirumulpad who was an environmentalist and conservationist. The Court summoned the Commissioner, Land Revenue and Additional Secretary, Government of Kerala, to show cause as to why contempt proceedings must not be initiated against them.
The Bench of Justice B.R. Gavai, Justice P.K. Mishra and Justice K.V. Viswanathan observed, “The CEC, originally constituted under the order of this Court, has now received a statutory recognition vide notification dated 05th September, 2023. The said statutory status was also granted in pursuance to the directions issued by this Court. The CEC is, therefore, discharging its duties in order to assist the Court in hearing the matters assigned to the Bench hearing T.N. Godavarman Thirumulpad matter. Every authority is, therefore, bound to assist the CEC when the CEC conducts an enquiry. An attempt to withhold an important file, in our view, undermines the authority of this Court. It prevents the CEC in discharging its duties of assisting the Court.”
Advocate K Parameshwar was Amicus Curiae whereas Senior Advocate P.V. Dinesh appeared for the State of Kerala.
In April 2024, the Amicus had brought to the Court’s notice that various documents showing the area under Cardamom Hill Reserve vary from one document to another. In response to this, the State of Kerala had submitted that the area shown in the Gazette Notification would prevail over all the other documents. The Court asked the State to come up with a specific stand to iron out the discrepancies in varying documents/affidavits filed in collateral proceedings.
During the hearing, the State of Kerala submitted that on account of elections and vast records, the State could not move in the matter and sought four months to file its affidavit.
The Court said, “We are not inclined to grant such a long period. We find that two months period would be sufficient for collecting the data and taking a firm decision with regard to the exact area for the Cardamon Hill Reserve.”
The Court also noted that the CEC has also been conducting an enquiry and vide communication dated July 18, 2024, the Secretary of CEC had requested the State of Kerala to give a true copy of the file. Further, the CEC also informed the Court that two communications by the Commissioner, Land Revenue (representing the Principal Secretary, Government of Kerala) and the other by the Additional Secretary, Government of Kerala were sent saying the Government’s inability to furnish a true copy of the aforesaid file as the said file is under consideration of the Government.
The Court, hence, directed, “We, therefore, issue notice to Dr. A. Kowsigan, IAS, Commissioner Land Revenue and Shri T.R. Jayapal, Additional Secretary, Government of Kerala and direct them to remain present in this Court on 21st August, 2024 and show cause as to why an action for committing contempt of the Court may not be initiated against them by this Court.”
In another application related to the felling of trees in the Delhi Ridge Area, the Court observed that parallel proceedings before another Bench presided by Justice Abhay S Oka are already going on and various orders, including initiation of contempt proceedings against DDA authorities, have been passed.
“We are of the considered view that the continuation of two contempt proceedings for the same cause of action would not be in consonance with the judicial propriety and interest of justice. We, therefore, direct that the contempt proceedings initiated by the Bench presided over by one of us (B.R.Gavai, J.), vide order dated 24th April, 2024, are kept in abeyance… We find that various proceedings pertaining to Delhi Ridge area are pending before two Benches of this Court…We are of the considered view that, in order to avoid the possibility of conflicting order(s) being passed by two different Benches, it will be appropriate that all the matters pertaining to the Delhi Ridge Area are heard by one Bench…The Registrar(Judl.) is, therefore, directed to place the matter before Hon’ble the Chief Justice of India seeking appropriate order.”, the Court ordered.
Accordingly, the matter was listed for a further date.
Cause Title: In Re: T.N. Godavarman Thirumulpad v. Union Of India & Ors.
Appearances:
Amicus Curiae: Advocate K Parameshwar
State of Kerala: Senior Advocate P.V. Dinesh with AOR Nishe Rajen Shonker, Advocates Anu K Joy, Alim Anvar, Anna Oommen and Urvashi Chauhan.