Kerala High Court Directs Removal Of Ashtamudi Lake Encroachments Within Six Months, Appends List Of Encroachers To Its Order

An Advocate of the Kollam Bar had petitioned the Court, highlighting the alarming levels of pollution and illegal encroachments in Ashtamudi Lake. He pointed out indiscriminate dumping of sewage, biomedical waste, and solid waste from nearby establishments. Paul sought the Court's intervention to clean up the lake, implement sewage treatment facilities, and dismantle illegal constructions along its shores.

In response, the Court has instructed the Sub Collector at Kollam to initiate proceedings under the Land Conservancy Act for the eviction of encroachers within the stipulated time frame. The Court further mandated that monthly progress reports be submitted in this regard.

Additionally, the District Police Chief has been tasked with deploying necessary police personnel to assist in the removal of encroachments.

A Bench of Acting Chief Justice A Muhamed Mushtaque and Justice S Manu said, "We, therefore, direct the Secretary of the Kollam Corporation as well as the Secretaries of other local authorities to place before this Court as to what action have been taken to prevent the passing of waste to the lake. Strict action shall be taken by the Secretary to prevent passing of waste and other effluents to the lake, in the light of the Government Orders dated 2/3/2024 for dumping waste in public places. Necessary orders shall be passed by the Secretary and place the same before this Court by next posting”.

The Court expressed concern over the severe pollution and encroachments that have adversely affected the water quality of Ashtamudi Lake.

" It is astonished to know that it is not a small parcel of land but a large extent of land that have been encroached. It is high time that we need to secure this kayal puramboke for future generation and also ensure free flow of water in the Ashtamudi lake," the Court remarked, following its review of the list of encroachers provided by the State's government pleader.

The Court added, “We also direct the Sub Collector, Kollam to initiate proceedings to remove encroachers within a period of six months after duly following the procedure under the Land Conservancy Act.”

The High Court directed the Secretaries of Kollam Corporation and other local authorities to submit reports detailing actions taken to prevent waste from entering the lake.

The case is scheduled for further hearing on August 6, 2024.

Cause Title: Adv. Boris Paul v Union of India & Ors.

Appearance:

Petitioner: Advocates Ajmal A, Dhanush CA, Priyanka Sharma MR, and Ananya MG.