The Kerala High Court (Ernakulam Bench) called for an immediate prioritisation to ensure that all houseboats operating in Vembanad lake in Kerala, are pollution compliant before the main dispute regarding operational areas is adjudicated. The Court, therefore, held that it is mandatory for all inland vessels to comply with the requirements for preventing pollution and to obtain a certificate of compliance under the Inland Vessels Act, 2021, and the associated Inland Vessels (Prevention and Containment of Pollution) Rules, 2022.
The Court observed that the exponential increase in houseboats, along with other factors like reclamation and construction, has led to the environmental degradation of the Vembanad-Kol Wetland, while expressing that its immediate concern is the pollution generated by the houseboats.
Further, while mandating that sewage and garbage from mechanically propelled inland vessels must be discharged or disposed of only in the manner prescribed by the Central Government, the Court asked the Central Government to specify standards for construction and equipment to prevent pollution. The State Government is also obligated to appoint officers to ensure compliance and issue a “certificate of prevention of pollution”, which every mechanically propelled inland vessel must carry.
Therefore, while making it mandatory for all inland vessels to comply with pollution prevention requirements and obtain a certificate of compliance, a Single Judge Bench of Justice V.G. Arun directed the owners/operators of houseboats in Vembanad lake to present their boats for inspection to the Kerala Maritime Board and obtain a “certificate of prevention of pollution” as mandated by Section 53(2) of the 2021 Act within one month.
The Bench also directed the Kerala Maritime Board to conduct inspections and issue the certificate to houseboats that have the requisite pollution control equipment, systems, fittings, and arrangements. At the same time, the Kerala Maritime Board is authorized to collect the prescribed fee for conducting the inspection and issuing the certificate.
However, the Bench cautioned that the houseboats without the certificate of compliance for prevention and containment of pollution shall not be permitted to ply in the Vembanad lake after three months from the date of this order.
These directions are not applicable to Shikara boats, and the Kerala Maritime Board may grant registration to Shikara boats in accordance with the provisions of the Act and its Rules, concluded the Bench.
Briefly, the case concerns pollution in the Vembanad lake, the largest in Kerala and a designated Ramsar Site, which serves as a lifeline for local villages through activities like agriculture, fisheries, and backwater tourism. The growth of backwater tourism has led to an exponential increase in houseboats, far exceeding the carrying capacity of the lake. Page 3 This has caused large-scale pollution due to the unscientific disposal of septage, garbage, non-biodegradable waste, and oil spillage.
A 2015 report by the Centre for Water Resources Development and Management (CWRDM) indicated that 567 registered and numerous unregistered houseboats were plying in the lake, and this number has since increased. While the central dispute is whether houseboats registered at Kodungallur Port can operate in the Alappuzha and Kumarakom area, the court’s immediate focus is on the pollution generated by all houseboats.
Appearances:
Advocates Denizen Komath, Dean Denizen Komath, Megha Madhavan, Anusree K., Shimi Mol S., Anju K.A., and Ajeesh A., for the Petitioner
Government Pleader, for the Respondent
