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Vembanad Lake Pollution: Kerala High Court Issues Directions To Curb Pollution From Non-Compliant Houseboats

Vembanad Lake Pollution: Kerala High Court Issues Directions To Curb Pollution From Non-Compliant Houseboats

Isabella Mariam

 

The High Court of Kerala Single Bench of Justice V.G. Arun has directed a compliance regime to curb pollution from houseboats plying in Vembanad lake, Kerala’s largest lake and a Ramsar-designated wetland, after noting concerns over unscientific disposal of sewage, garbage, non-biodegradable waste and oil spillage. The interim order arose from a batch of petitions questioning whether houseboats registered at Kodungallur Port can operate in the Alappuzha and Kumarakom areas, but the Court required pollution control to be addressed first. It directed houseboat owners/operators to present vessels for inspection and obtain a prevention-of-pollution certificate within one month, allowed the Kerala Maritime Board to inspect and collect prescribed fees, and barred uncertified houseboats from operating in the lake after three months; shikara boats were excluded.

 

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The Court was apprised that Vembanad Lake, designated as a Ramsar site, had witnessed significant environmental degradation due to unscientific disposal of sewage, garbage, non-biodegradable waste, and oil spillage from houseboats. Reference was made to an impact assessment conducted in 2015 indicating a large number of registered and unregistered houseboats operating in the lake, with the numbers having increased since then. The statutory framework governing prevention of pollution from mechanically propelled inland vessels, including requirements for inspection and certification, was placed before the Court for consideration.

 

The Court recorded that “of the 34 lakes in Kerala, the Vembanad lake is the largest, stretching more than 80 kms and covering an area of approximately 23500 hectares” and noted its importance as a navigational channel and source of livelihood. It observed that “the Vembanad-Kol Wetland is designated as a Ramsar Site requiring measures to maintain its ecological character.”

 

While acknowledging the growth of backwater tourism, the Court stated that “the exponential increase of house boats, way beyond the carrying capacity of the lake, also resulted in large scale pollution due to unscientific disposal of septage, garbage, non-biodegradable waste and oil spillage.” The Court further recorded that its immediate concern was pollution control and that “it should first be ensured that all houseboats plying in the Vembanad lake are pollution compliant.”

 

Referring to the Inland Vessels Act, 2021, the Court observed that “the provisions of the Act also mandate such compliance.” It noted that under the statutory scheme, sewage and garbage from mechanically propelled inland vessels could be discharged only in the prescribed manner and that vessels were required to carry valid certificates of prevention of pollution. The Court stated that “the provisions of the Act read along with Rules leaves no room for doubt that it is mandatory for all inland vessels to comply with the requirements for preventing pollution and obtain the certificate of compliance.”

 

The submission of the Maritime Board that it had sufficient surveyors and infrastructure to conduct inspections and issue certificates was also recorded, along with the fact that inspections and penal actions had already been undertaken against erring operators.

 

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The Court directed that “the owners/operators of the houseboats plying in Vembanad lake shall present their boats for inspection by the Kerala Maritime Board, and obtain certificate of prevention of pollution as mandated in Section 53(2) of the Act within one month.”

 

"The Kerala Maritime Board shall thereupon conduct inspection and issue the certificate to houseboats having the requisite equipment, systems, fittings and arrangements. The Kerala Maritime Board can collect the prescribed fee for carrying out the inspection and issuing the certificate.”

 

“Houseboats without the certificate of compliance of prevention and containment of pollution shall not be permitted to ply in the Vembanad lake after three months of this order.”

 

“The above directions are not applicable to Shikara boats and it will be open to the Kerala Maritime Board to grant registration to Shikara boats in accordance with the provisions of the Inland Vessels Act and the Rules thereunder.”

 

Advocates Representing the Parties

For the Petitioners: M/s. Denizen Komath, Dean Denizen Komath, Megha Madhavan, Anusree K., Shimi Mol S., Anju K.A., Ajeesh A., Advocates

 

Case Title: All Kerala House Boat Owners Association v. State of Kerala                  

Case Number: Con.Case(C) No.693 of 2025 with connected writ petitions

Bench: Justice V.G. Arun

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