NGT Southern Zone Constitutes Joint Committee To Inspect Kochi Metro Water Project Construction

The Southern Zone of the National Green Tribunal (NGT), Chennai, has constituted a Joint Committee to inspect the constructions carried out by the Kochi Metro Rail Ltd in furtherance of its Metro Water Project near the Vembanadu Lake.

A Bench of Justice K.Ramakrishnan ( judicial member) and Dr Satyagopal Korlapati (expert member) asked the Joint Committee to submit a  factual and action taken report in case any violation is unearthed by April 21. 

The Kochi Metro Water Project is the country's first water metro project connecting ten small islands surrounding the port city Kochi and it includes the construction of 38 terminals. On the strength of its Environmental Clearance, they started the construction of the High Court Terminal which is on the seaward side of Cochin Marine Drive walkway over backwaters.

The primary contention in the application was that Kochi Metro Rail Ltd. while executing its Metro Water Project reclaimed the Vembanad backwaters for some constructions which are prohibited under the CRZ notification without getting proper clearance. He asserted that the construction will curtail the free flow of natural water.

Advocates P.B. Sahasranaman and S. Sai Sathya Jith appeared for the applicants and argued that even in the CRZ clearance and the Environmental Clearance they obtained, the nature of construction they propose to make in the said area has not been disclosed. The applicant contended that it was a violation of the CRZ notification since it cannot be treated as a foreshore facility. 

According to him, they are only authorised to make constructions on the land and not on the backwater side. However, they were proceeding to construct bridges over a part of the backwaters that lie on the seaward side of the Cochin Marine Drive, which will have a detrimental effect on the entire marine ecology. 

Concerned by this, the applicant moved the Tribunal praying for a direction to remove all such construction to restore the coastal ecology and to appoint an authority to assess the damage caused to ecology due to such instructions. 

The Tribunal admitted the application finding force in the contentions raised by the applicant and issued notice to the respondents involved. 

To examine the authenticity of the applicant's allegations, a Joint Committee was also constituted to inspect the area in dispute and to submit a factual and action taken report in case any violation is unearthed.

The Joint Committee was to compose of the following members: 

1. a Senior Officer from Chennai Office of Ministry of Environment, Forest and Climate Change
2. a Senior Officer from Kerala Coastal Zone Management Authority
3. an Officer from National Centre for Earth Science Studies, Marine Division

The applicant was directed to serve copies of his application to all these members of the Committee within a week. 

It was also decided that the Kerala Coastal Zone Management Authority shall be the nodal agency to coordinate and provide all necessary logistics in the matter. The Committee was given the task of ascertaining the following: 

• Whether there was any violation in the Coastal Zone clearance and the Environmental Clearance granted to Kochi Metro Rail Ltd
• Whether the Kochi Metro Rail Ltd suppressed any material facts while explaining the project to obtain the clearance
• If any violation or impermissible activity carried out by Kochi Metro Rail Ltd had an impact on the environment
• If yes, assess the damage caused to the environment, environmental compensation for the violations and the cost required for restoration of damage caused to the environment 

Taking into consideration the urgency raised by the applicant, the Committee was directed to inspect the area expeditiously and submit a report by April 21. It was concluded that if the Committee failed to finalise the report by the next hearing date, it has been directed to produce at least an interim report showing the nature of the violation by the respondents, if any. 

The Tribunal also clarified that any construction or activities of the Kochi Metro Rail Ltd in the disputed area will be subject to the final outcome of this application. 

The matter will be taken up again on April 21. 

Case Title: K.G. Prathapa Simhan v. Union of India 

Click Here To Read/Download The Interim Order