CHR encroachers should be evacuated, state tells HC

The state government has submitted before the Kerala High Court that all the unauthorised occupants should be evacuated from the Cardamom Hill Reserve (CHR) area in Munnar and the flora and fauna of the area should be protected.

 The state made the submission based on the  Central Empowered Committee (CEC) report of 2005 and submitted that the Chief Secretary had filed an affidavit before the Supreme Court regarding the encroachment on the CHR area. The state further said that the report and the undertakings of the Chief Secretary are pending before the Supreme Court.

 The state has produced the CEC report before the High Court on 30 petitions regarding the illegal grant of leases and encroachments in the CHR area in Idukki district. The report pointed out that the leases granted in the CHR area under the Cardamom Lease Rules, 1961 after the enactment of the Forest (Conservation) Act, 1980, without the prior approval of the Central government are illegal and invalid.  

 The continued practice of leasing out and allowing the conversion of natural forest to non forest use in the CHR according to the provisions of the Cardamom Lease Rules, 1961 is contrary to the provisions of the Forest (Conservation) Act, 1980, the report pointed out. The transfer, lease and the change of land use or sale which have taken place after 1977 without the prior approval of the Centre should be cancelled and the lands should be restored to the state government. The CHR, being a reserve forest should be managed as per the working plan duly approved by the Central government under the forest conservation Act, 1980 and the orders of the court should be strictly enforced which the state has failed to do during the last many years, CEC report said. “In many cases title deed holders have sold the land to tourist resorts, hotels, builders and developers where the trees are completely cut down,” it said. 

 The original area of the CHR as per the notification is 334 sq miles and no effort has been made by the Revenue or Forest Departments to properly survey and demarcate the actual boundary of the CHR. Though the CHR is a reserved forest, it has been administered by the Revenue Department, the report said.