The Division Bench dismissed an appeal against a single judge order requiring environmental clearance for extracting earth from a building foundation exceeding 3000 sq.m but under 5000 sq.m, relying on a prior coordinate bench decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941
WA.No.232 OF 2018
AGAINST JUDGMENT IN WPC NO.30034/2017 DATED 20-12-2017 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENTS:
THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN-676121.
BY GOVERNMENT PLEADER
RESPONDENT/PETITIONER:
SAJJAD SAMEER S/O.C.C.KUNHIMUHAMMED, AGED 55 YEARS, DARIYA MANZIL, NEAR A.L.P.SCHOOL, EZHUVATHURUTHY, PONNANI, MALAPPURAM DISTRICT.
BY ADV.SRI.BABU S. NAIR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.NO.232/2018
2
JUDGMENT
Dated this the 8th day of January, 2020
S.Manikumar, CJ
Instant writ appeal is filed against the judgment in W.P.(C) No.30034 of 2017 dated 20.12.2017.
W.A.NO.232/2018
3
Minor Mineral Concession Rules, 2015. The Kerala Mines and Minerals (Development and Regulation) Act, 1957 was enacted by the State under the power of Section 15 of the Kerala Mines and Minerals (Development and Regulation) Act, 1957, which is Central legislation. Rule 9 of the Kerala Minor Mineral Concession Rule 2015, states that the applicant has to submit an approved plan along with Environmental Clearance for the precise of area to be mined while disposing the application for quarrying permit. The only exemption is given under Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, where the construction is below 300 Sq.M.
W.A.NO.232/2018
4
single Judge while disposing the writ petition. Thus, the appellant sought for setting aside the impugned judgment.
Following the abovesaid decision, instant writ appeal is dismissed.
Sd/S.MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P.CHALY JUDGE
Krj.8/1
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether exemption from Environmental Clearance for buildings under 5000 M2 under Ministry notification overrides Rule 9 of Kerala Minor Mineral Concession Rules, 2015
Whether mining or commercial exploitation of excavated earth requires Environmental Clearance even if construction does not
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT
SAJJAD SAMEER S/O.C.C.KUNHIMUHAMMED
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
