The Court quashed a notice restraining mining operations on assigned land, directing the Department of Industries to consider if mining can continue and examine violations under Metaliferous Regulation, 1961.
Quashment of the notice (Ext.P9) and direction to the Department of Industries to consider mining continuation and investigate violations.
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 MR. JUSTICE AMIT RAWAL
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
WP(C).No.641 OF 2020(E)
PETITIONER/S:
EDATHADAN GRANITES
A FIRM REPRESENTED BY ITS MANAGING PARTNER, ANANTHAKRISHAN SHAJAN, MATTATHUR P. O., OMBATHUNGAL, KODAKARA, THRISSUR DISTRICT, PIN - 680 684.
BY ADVS. SRI.P.K.SURESH KUMAR (SR.) SRI.K.P.SUDHEER SMT.ANJALI MENON
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE P. O., THIRUVANANTHAPURAM - 695 004.
3 THE DISTRICT GEOLOGIST THRISSUR DISTRICT, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, 1ST FLOOR, CHEMPOOKAVU, THRISSUR - 680 020.
R1-4 BY GOVERNMENT PLEADER SRI.KANNAN S. R5 BY ADV. GEORGEKUTTY MATHEW
OTHER PRESENT:
GP SRI KANNAN S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The challenge in the present writ petition is Ext.P9 notice issued by the 4th respondent, whereby the Divisional Forest Officer suo motu restrained from carrying out the minining/quarrying activity purportedly on a land belonging to forest stating that a No Objection Certificate has to be obtained from the Forest Department, where mining is done in a land lying close to forest area.
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land and that Rule has been amended. So it is only in cases where the mining is near a National Park or a Wild Life Sanctuary a permission is required. Immediately on receipt of Ext.P9, another stop memo was issued by the Geologist on account of an enquiry ordered by him. Challenging the same, petitioner submitted a representation before the Minister for Forests, as per Ext.P10. Along with Ext.P10 the petitioner submitted a reply obtained under the Right to Information Act of another Divisional Officer stating that there was no need of any NOC from the forest authorities. The land in question is already assigned in the year 1980 as evident from Annexure R3 (b) and R3(c) accompanied by an affidavit of 3rd respondent.
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Officer is required for continue the mining activity in an assigned land in view of Exts.R3 (b) and R3(c).
Accordingly, I quash Ext.P9 and there will be a further direction to the 1st respondent, ie. Department of Industries, to consider the position as to whether petitioner can be permitted to carry out the mining activity in an assigned land and also consider any violation thereof under Regulation 164 of Metalferous Regulation,1961 or not.
The writ petition is disposed of accordingly.
Sd/
AMIT RAWAL
JUDGE
Jm/
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APPENDIX OF WP(C) 641/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.91/201516/4669/M3/2015 DATED 7.5.2015 ISSUED BY THE 2ND RESPONDENT BY WHICH THE LEASE WAS GRANTED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF QUARRYING LEASE DEED DATED 20.5.2015 EXECUTED BY AND BETWEEN THE PETITIONER AND THE GOVERNMENT OF KERALA BASED ON EXT. P1 ORDER. EXHIBIT P3 TRUE COPY OF ENVIRONMENTAL CLEARANCE NO.J11015/477/2014-IA.II(M) DATED 12.3.2015 ISSUED BY THE MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE, GOVERNMENT OF INDIA TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF INTEGRATED CONSENT TO OPERATE RENEWAL DATED 21.3.2019 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P5 TRUE COPY OF LETTER DATED 13.12.2011 ISSUED BY DIRECTOR OF MINES SAFETY TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF COMMUNICATION DATED 18.8.2015 ISSUED BY THE CONTROLLER OF EXPLOSIVES TO THE PETITIONER GRANTING LICENCE. EXHIBIT P7 TRUE COPY OF RENEWED LICENCE ISSUED BY CONTROLLER OF EXPLOSIVES DATED 27.3.2019. EXHIBIT P8 TRUE COPY OF LICENCE DATED 1.4.2019 ISSUED BY MATTATHUR GRAMA PANCHAYAT TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF NOTICE NO.C.A2-5978/19 DATED 29.10.2019 ISSUED BY THE 4TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 20.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR FORESTS, GOVERNMENT OF KERALA. EXHIBIT P11 TRUE COPY OF REPLY DATED 7.11.2019 ISSUED BY DIVISIONAL FOREST OFFICER PALAKKAD
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DIVISION UNDER RIGHT TO INFORMATION ACT AND APPLICATION ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P12 TRUE COPY OF ORDER DATED 30.12.2019 ISSUED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P13 TRUE COPY OF INFORMATION ISSUED UNDER RIGHT TO INFORMATION ACT BY THE VILLAGE OFFICER, KODASSERY DATED 18.11.2019 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P14 TRUE COPY OF LATEST LAND TAX RECEIPTS (5 NOS.) ISSUED IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND IN QUESTION.
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RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE RESERVE NOTIFICATION DATED 9.10.1909 OF THE COCHIN GOVERNMENT – RELEVANT PAGES EXHIBIT R4 B TRUE COPY OF THE PATTA BEARING NO. LA (P) NO.1789/KDY DATED 7.1.1980 ISSUED TO THE PREDECESSOR IN INTEREST OF THE PETITIONER. EXHIBIT R4 C TRUE COPY OF THE PATTA BEARING NO.1921/KDY DATED 15.2.1980 ISSUED TO THE PREDECESSOR IN INTEREST OF THE PETITIONER.
EDATHADAN GRANITES
THE STATE OF KERALA
THE DIRECTOR OF MINING AND GEOLOGY
THE DISTRICT GEOLOGIST THRISSUR DISTRICT
THE DIVISIONAL FOREST OFFICER
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
