CPM-controlled bank's proposal rejected again in Kerala

T'PURAM: The revenue department has again rejected the proposal of CPM-controlled Munnar Service Co-operative Bank to construct a hydel park near Muthirappuzhayar river in Munnar town on the land acquired for Kerala State Electricity Board (KSEB). The proposal was rejected, citing that it violated the earlier court order pronounced on November 24, 2000, that no permanent constructions should be undertaken within 50 yards of the rivers flowing through Munnar, including the aforesaid river.
In the order by additional chief secretary (revenue) A Jayathilak on February 9 this year, issued after reconsidering its earlier order that rejected the proposal, based on the high court's instructions, the additional chief secretary said the bank's contentions that various rides were purchased at Rs 12 crore in the hope of getting permission for the construction work and therefore, construction permission should be given to ensure that the money is not lost, is also unacceptable. "The state cannot legalize an illegal action to compensate the bank for the loss it incurs due to its ignorance and violation of law," said the order.
In March last year, the revenue department declined to grant permission for the project, and the bank approached the high court against the rejection order. In an order on December 20 last year, the HC asked the state government to reconsider its decision, citing that the revenue department had not considered the order from the court that came in 2005 based on multiple appeals challenging the order banning the constructions within 50 yards of Muthirappuzhayar.
In its latest order, the revenue secretary also said the dictionary meaning of temporary structures is "trailers, movable houses or any building not on or permanently affixed to a permanent foundation", and the bank authorities do not intend to construct any portable constructions and such constructions cannot be considered "temporary"
Also, though several of the directions in the order that banned constructions within 50 yards were cancelled by the high court in its order issued in 2005, the specific instruction prohibiting constructions within 50 yards has been left untouched by the court, and it still prevails. Under these circumstances, there is no need to reconsider its earlier order that prohibited the bank from going ahead with the hydel park project, said the revenue department's order.