Disposed

Bharat Petroleum Corporation Limited v. the District Geologist

Kerala HC27 Dec 2016WP(C)/41247/2016

Case brief

AI extract

What is this about?

Court disposed of writ petition seeking declaration on environmental clearance for foundation digging. Petitioner allowed to dig subject to strict condition prohibiting removal of sand, mud or debris without prior clearance.

What did the court decide?

Allowed to dig property for construction permit purposes providing petitioner does not remove or transport sand, mud or debris from property without prior environmental clearance.

Bharat Petroleum Corporation Limited Vs the District Geologist — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 27TH DAY OF DECEMBER 2016/6TH POUSHA, 1938

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WP(C). NO.41247 OF 2016 (E)

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PETITIONER(S):

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BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI, ERNAKULAM DISTRICT, REPRESENTED BY ITS AUTHORIZED AGENT MR.LALA BINU, KOONIPARAMBIL HOUSE, ARIPALAM P.O., IRINJALAKUDA, THRISSUR-680688.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT(S):

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1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680001.

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2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.

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3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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4. PANACHERY GRAMA PANCHAYAT, PATTIKKAD P.O., THRISSUR DISTRICT-680652, REPRESENTED BY ITS SECRETARY.

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5. THE SECRETARY, PANACHERY GRAMA PANCHAYAT, PATTIKKAD P.O., THRISSUR DISTRICT-680652.

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7. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF MINISTRY OF FOREST, ENVIRONMENT AND CLIMATE CHANGE, CENTRAL SECRETARIAT, NEW DELHI.

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R7 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

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THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 27-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).41247/2016(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE AUTHORIZATION LETTER DATED 8.9.2016 ISSUED BY THE TERRITORY MANAGER (RETAIL).

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P2: COPY OF THE BUILDING PERMIT DATED 27.8.2016 ISSUED BY THE 5TH RESPONDENT ON BEHALF OF THE 4TH RESPONDENT.

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P3: COPY OF LETTER DATED 18.5.2015 ISSUED BY ASSISTANT ENGINEER, FOR REGIONAL OFFICER, GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.

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P4: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, PALAKKAD DATED 1.11.2013.

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P5: COPY OF THE NO OBJECTION CERTIFICATE DATED 17.9.2015 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR.

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P6: COPY OF THE NOTIFICATION OF MINISTRY FOR FOREST, ENVIRONMENTAL AND CLIMATE CHANGE DATED 15.01.2016.

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RESPONDENTS' EXHIBITS:-NIL

KRJ

/TRUE COPY/

P.A. TO JUDGE

DEVAN RAMACHANDRAN, J

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W.P(C) No.41247 of 2016

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- - - - Dated this the 27^th day of December, 2016

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JUDGMENT

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The petitioner has filed this writ petition seeking for a declaration that he does not require prior environmental clearance for the purpose of digging foundation for the construction of his building. He relies on Exhibit P6, specifically to clause (9) in Appendix XI thereof, wherein an exemption is granted for the purpose of digging foundation from having prior environmental clearance.

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In view of the specific exemption that I notice in Exhibit P6, it appears that the petitioner can be allowed to dig the property for the purpose of construction of the foundation. However, this will be subject to the specific and strictest condition that no sand, mud or debris shall be removed or transported from the said property and that the digging shall be done for the purpose of foundation only and not for other purposes.

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In the above circumstances, I dispose of the writ petition with a direction that the petitioner shall be allowed to dig the property for the purpose of construction in terms of a valid building

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-:2:-

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WP(C).41247/16

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permit and also on the further specific condition that he shall not, in any manner, remove or transport sand,, mud or other .debris From the property without prior environmental clearance as is mandated

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under the laws.

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Sd/Devan Ramachandran, Judge

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krj.27/12

Bharat Petroleum Corporation Limited v. the District Geologist

Case brief

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Bharat Petroleum Corporation Limited v. the District Geologist

Case brief

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