The State Forest Department has urged the National Green Tribunal (NGT) to close the proceedings in the case related to the removal of sand from Triveni at Pampa River in the foothills of Sabarimala in May last year.
The counsel for the department informed the court that the Government-owned Kerala Clays and Ceramics Products Ltd. had moved only a negligible quantity of sand and silt out of the forest area and it was done in good faith to facilitate the Sabarimala pilgrim season.
The Southern Bench of the tribunal had taken suo motu notice of The Hindu report titled ‘Forest dept. told to permit sand removal from Pampa’ published on May 30, 2020. The court had asked the State respondents 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.
The controversy
The controversy over the removal of sand had escalated after the Forest Department issued an order countermanding the one issued by the Pathanamthitta District Collector authorising the removal of sand.
The Opposition had accused the Government of having used flood preparedness as a cover to bypass the Forest Conservation Act and to accord financial advantage to a public sector entity headed by a functionary of the Communist Party of India (Marxist).
The Forest Department had said in a report filed by the tribunal in March, 2021 that “such removals will definitely attract the relevant portions of the Forest (Conservation) Act”.
Dept. stand
The statement filed by the counsel of the Forest Department said that only 49.5 cubic metre of sand mixed with silt and debris was transported out of the forest area, apprehending the issues that had emerged following the flash floods in August, 2018 and 2019. The remaining sand still remains in the forest, it said.
The Ministry of Environment, Forest and Climate Change had sought the opinion of the Ministry of Law on whether the National Disaster Management Act, 2005 had an overriding effect over the Forest Conservation Act, 1980 in the case related to the sand removal from the Pampa.
