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by Admin
07 May 2024 2:49 AM
Possession: Kerala High Court Upholds Eviction for Ensuring Free Flow of River Nobody has the right to interfere with the free flow of rivers and water channels - On April 2, 2025, the Kerala High Court delivered a significant judgment dismissing two writ petitions (WP© No.17702 of 2024 and WP© No.20022 of 2024) filed by long-term occupants of river and puramboke lands in Pooppara, Idukki district. The Court, speaking through Justices Anil K. Narendran and Muralee Krishna S., categorically held that “no one has the right to interfere with the free flow of rivers and water channels because the river flowing in its natural way is entitled to be protected and preserved for the welfare and well-being of the people and future generations.”
The Court refused to stall the eviction drive, emphasizing that the constructions by the petitioners obstructed the free flow of Panniyar river and posed a risk to the environment, public safety, and the rights of downstream users.
“The Government is the trustee of public lands and has a duty to act for the common good”
The lead petitioner in WP© No.17702 of 2024, Aji Joseph, claimed entitlement to regularisation of occupation under the Kerala Land Assignment (Regularisation of Occupation of Forest Lands Prior to 1.1.1977) Special Rules, 1993, asserting possession since the pre-1977 period and citing licenses issued by the Panchayat for commercial use of the land. The other petitioners in WP© No.20022 of 2024 similarly claimed long-term possession and sought protection from eviction until rehabilitation schemes are framed.
The Court, however, found that “none of the parcels of land are recorded to have been occupied and converted for non-cardamom cultivation prior to 1.1.1977,” which is a mandatory requirement for claiming regularisation under the 1993 Special Rules. The Court observed that “the Rock Puramboke land in unauthorized possession of the petitioner is only a meagre 56 square metres in extent,” and rejected the plea for assignment.
Referring to established principles, the Court highlighted that rivers, being vital ecological assets, cannot be subjected to encroachments. Quoting from Susetha v. State of Tamil Nadu, the Bench observed, “the water bodies are required to be retained… the right to water as also quality life are envisaged under Article 21 of the Constitution of India.”
Court notes dangers of obstruction to river and dismisses reliance on interim protection
The petitioners heavily relied on an earlier interim order of the Supreme Court passed in SLP ©
No.17060 of 2024 granting status quo. However, the High Court pointed out that the said Special Leave Petition was dismissed by the Apex Court on January 28, 2025, thereby rendering the interim protection void.
The Bench further recorded, “the Joint Inspection Team has concluded that all the constructions in River Puramboke are causing obstruction to free flow of water. As such, all the constructions are to be demolished in order to ensure free flow of water through Panniyar river and to avoid contamination.” The District Disaster Management Authority also found that the encroachments increased the risk of disasters, especially during the monsoon and upon release of water from the Anayirankal reservoir.
Final Decision: Eviction Justified, Regularisation Rejected
Dismissing the petitions, the Court unequivocally held that the petitioners failed to establish any legal right for regularisation or rehabilitation. The judgment concluded:
“Nobody has the right to interfere with the free flow of rivers and water channels… carrying out constructions by encroaching river bed is an act interfering with the right of citizenry to enjoy the free flow of river through its natural bed and thereby to live peacefully without any danger or destruction caused by the calamities occurring due to such human intervention.”
The eviction of the petitioners was declared legally valid, and the Court refused to grant any further relief.
Date of Decision: April 2, 2025
