The Supreme Court of India recently criticized the Kerala government for not providing a file to the Central Empowered Committee.

The Central Empowered Committee (CEC), established under the Environment Protection Act, is responsible for ensuring compliance with judicial orders related to ecology and recommending measures for their better implementation to both State and Central governments.

A bench consisting of Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan remarked that since the CEC is a statutorily recognized body formed by the Court's directive, withholding files from it is tantamount to undermining the Court's authority.

"The CEC, originally constituted under the order of this Court, has now received a statutory recognition vide notification dated 5th September, 2023. The said statutory status was also granted in pursuance to the directions issued by this Court. The CEC is, therefore, discharging its duties in order to assist the Court in hearing the matters assigned to the Bench hearing TN Godavarman Thirumulpad matter. Every authority is, therefore, bound to assist the CEC when the CEC conducts an enquiry. An attempt to withhold an important file, in our view, undermines the authority of this Court. It prevents the CEC in discharging its duties of assisting the Court," the Court said.

In April of this year, the Supreme Court instructed the Kerala government to submit an affidavit detailing the exact area of the Cardamom Hill Reserve in Munnar. 

However, on July 21, Senior Advocate PV Dinesh, representing the Kerala government, informed the Court that due to elections and the extensive records involved, the State needed an additional four months to complete the task. The Court, however, indicated that it was not inclined to grant this extension.

The Court also noted that Land Revenue Commissioner Dr. A. Kowsigan and Additional Secretary TR Jayapal had communicated to the CEC that the State Government would be unable to provide the requested file on the same issue. 

Viewing this situation unfavorably, the Court ordered both officials to personally appear before it on August 21 to explain why contempt of court proceedings should not be initiated against them.

This order arose from ongoing pleas where the CEC has been updating the Bench on actions related to encroachment removal, implementation of working plans, compensatory afforestation, and other conservation efforts concerning forest resources.

Additionally, the Court observed that there are two Benches dealing with land allotment issues in the Delhi Ridge. To prevent conflicting orders, it directed the Registry to submit all Delhi Ridge-related matters to the Chief Justice of India for assignment to a single Bench.

The Court also granted six months to the High Powered Technical Committee, formed by earlier Court orders, to identify areas outside the Delhi Ridge with similar morphological features to the notified ridge area. 

The matter will be reviewed again on August 21.

Senior Advocate PV Dinesh and advocate Nishe Rajan Shonker appeared for the State.

Senior Advocate Raghenth Basant and advocate A Karthik for applicant One Earth One Life.

Advocate K Parameshwar served as Amicus Curiae.

Case Title: TN Godavarman Thirumulpad v. Union Of India & Ors