Kerala High Court Halts Construction Of New 'Bhasmakkulam' Pond In Sabarimala Citing Lack Of Structural Assessment

The Kerala High Court on Thursday (August 7) directed the Travancore Devaswom Board to halt the construction of a newly proposed pond 'Bhasmakkulam' in the light of the fact that no structural assessment or geotechnical study was undertaken regarding the same.

Though the Court had permitted the relocation of the pond in March, the construction has not commended but it was assured that the same would be completed before the onset of the next season, viz., mid-November. Moreover, it was submitted by the Assistant Engineer that the Department has adopted the steel specifications from a recently constructed water tank of a comparatively larger dimension.

Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that no structural drawings have been prepared prior to the commencement of the work and directed the Board to refrain from proceeding with the construction of the proposed pond until further orders.

It observed:

"It is well recognised that in mountainous and forested regions, subsurface conditions may vary considerably owing to factors such as loose fill, rocky substrata, or weak soil layers, each of which can significantly impact foundation design and long-term structural stability. Given that lakhs of pilgrims are expected to use the pond over time, and a substantial number may do so concurrently, the resulting live load, dynamic water displacement, and lateral earth pressure on retaining walls must be adequately accounted for. In the absence of a proper structural assessment, there exists a substantial risk of structural failure, including collapse, cracking, or seepage...if the construction of a new bathing pond is deemed essential, it must not proceed without a comprehensive design prepared by a duly licensed Structural Engineer."

The Court also made it clear that if construction is deemed necessary, it shall be done only with its permission and after placing before it: (i) the structural drawing of the pond prepared and certified by a licensed Structural Engineer, and (ii) evidence of all pre-construction investigations detailed in the order.

The case is posted on August 20 for further consideration.

Case No: SSCR No. 19/2025

Case Title: Suo Motu v. State of Kerala and Ors.

Click to Read/Download Order

Click to Read/Download Order dated 06.08.2025