IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 19982 of 1995(S)
1. BAKEL SAMRAKSHANA SAMITHY KASARGOD
... Petitioner
Vs
1. GOVERNMENT OF INDIA
... Respondent
For Petitioner :SRI.A.X.VARGHESE
For Respondent :SRI.GEORGE C.P.THARAKAN
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :09/09/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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O.P.No. 19982 OF 1995
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Dated this the 9th day of September, 2009
JUDGMENT
Basheer, J.
Petitioner organisation viz, Bakel Samrakshana Samity,
Kasaragode, claims that it has been constituted for the
purpose of upholding the cause of local people who are
against “lop-sided decision making process”. The
organisation further claims that it wants to preserve the
historically important areas and prevent ecological and
environmental degradation.
2. Petitioner has filed this Original Petition way back in
the year 1995 as a Public Interest Litigation alleging that the
proposed project envisaged by the Union of India and the
State Government to implement a thousand Crore tourism
project in Kasaragode District would result in destruction of
ecology and also historical importance of the Bakel area. The
prayers in the Original Petition are extracted hereunder:
“i. issue a writ certiorari to quash Exhibit P6, P7,
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P8, P9, P11, P12, P16 and P20.
ii. issue a writ of mandamus directing the
respondents to forbear from the implementing the 1000
crore Bakel Tourism Project at Bakel, Kanhangad, Kasargod
District except after conducting the Environment Impact
Assessment, carrying capacity study and coastal
Management Study.
iii. issue a writ of mandamus directing the 1st and 2nd
respondents constitute an Expert Committee constituting
veteran environmentalists, expert, scientists and
technicians and humanists to look into the viability and
feasibility of the Bakel Tourism Project.”
3. As mentioned by us earlier this Original Petition has
been pending before this Court since 1995. Much water has
flowed under the bridge thereafter.
4. When this Original Petition came up for consideration
today, Smt.K.Meera, learned Senior Government Pleader has
placed before us a communication received by her from the
Government. The Government of India had declared Bakel as
Special Tourism Area in 1992 and Bakel Tourism Authority was
formed for the purpose of implementation of the above project.
Later, Bakel Resort Development Corporation was established.
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After preparing a master plan, the Company had proceeded to
implement the scheme. As part of the scheme in the area the
Company had acquired 220 acres of land for developing beach
resorts of international standards. These resort sites have been
developed by the Company. The communication will further
reveal that while implementing the project, special care has been
taken not to disturb the ecology or historical importance of the
area in question. Adequate safeguards have been taken to
preserve these vital components at appropriate places.
5. We do not propose to deal with each and every item of
the several projects indicated under the Scheme at this stage, for
the obvious reason that the Government appears to have made a
major headway in implementation of the project in question since
1995.
We have carefully perused the averments contained in the
Original Petition and we have also perused the materials available
on record. At this distance of time we do not find any reason to
keep this Original Petition pending on the files of this Court, since
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the project in question has taken shape to a considerable extent.
More importantly, many of the apprehensions projected by the
petitioner seem to be misconceived and baseless. Therefore, the
Original Petition is closed.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb