Residents challenged granite quarry permissions, environmental clearance and amended distance criteria. The court dismissed all petitions, upheld adoption of Pollution Control Board distance criteria, and declined interference with the clearance, licence and NOCs. It also declined adjudication of the expired explosives licence.
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 N.NAGARESH
THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942
WP(C).No.30938 OF 2016(N)
PETITIONER:
T.K. MANI, AGED 59, S/O. KOCHAPPUTTY, THANTHIPARAMBIL HOUSE, ELAMBAKAPPILLY P.O., ERNAKULAM DISTRICT, PIN-683544
BY ADVS. SRI.P.VIJAYAKUMAR SRI. BABY KURIAKOSE
RESPONDENTS:
1 THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD ERNAKULAM DIVISION II, PERUMBAVOOR P.O.
2 THE DISTRICT GEOLOGIST, MINING & GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANADU P.O., ERNAKULAM
R1 BY SRI. T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD, R4 BY ADV. SRI.BINU PAUL R2-3 BY GOVERNMENT PLEADER SRI S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).19908/2018(K), WP(C).29607/2018(A), WP(C).5839/2019(D), WP(C).18819/ 2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942
WP(C).No.19908 OF 2018
PETITIONERS:
1 BABY, KALABATTUKUDIYIL HOUSE, ELAMKAPPILLY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN 683542.
2 MANI T.K., THABIPARAMBIL HOUSE, ELAMKAPPILLY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN 683542.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENTS:
1 THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, (DEI AA) ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682030.
2 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682030.
3 THE GEOLOGIST, DISTRICT OFFICE OF MINING & GEOLOGY, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682030.
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4 THE KOOVAPPADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOOVAPPADY P.O., ERNAKULAM DISTRICT, PIN-683544.
5 JAISON VARGHESE, PARAPPURAM HOUSE, MAVALIPPADY, KOOVAPPADY P.O., ERNAKULAM DISTRICT, PIN-683544.
BY GOVERNMENT PLEADER SRI.S.KANNAN R4 BY ADV. SRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH R5 BY ADV. SRI.ANIL THOMAS(T),SC R5 BY ADV. SMT.K.V.RASHMI, SC R6 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).30938/2016(N), WP(C).29607/2018(A), WP(C).5839/2019(D), WP(C).18819/ 2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942
WP(C).No.29607 OF 2018(A)
PETITIONERS:
1 BABY, KALABATTUKUDIYIL HOUSE, ELAMKAPPILLY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683542
2 MANI.T.K, THABIPARAMBIL HOUSE, ELAMKAPPILLY.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683542.
BY ADV. GEORGEKUTTY MATHEW
RESPONDENTS:
1 THE STATE OF KERALA, REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-685001
3 THE GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD, KOCHI-682030.
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R1-5 BY GOVERNMENT PLEADER SRI.S. KANNAN R4 BY ADV. NAVEEN.T, SC R5 BY ADV. SRI.P.BENJAMIN PAUL, SC R7 BY ADV. SRI.VINEETH KURIAKOSE R7 BY ADV. SRI.ANIL THOMAS(T) R7 BY ADV. SMT.K.V.RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).30938/2016(N), WP(C).19908/2018(K), WP(C).5839/2019(D), WP(C).18819/ 2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942
WP(C).No.5839 OF 2019(D)
PETITIONERS:
1 BABY, AGED 40 YEARS, KALABATTUKUDIYIL HOUSE, ELAMKAPPILLY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683542.
2 MANI T.K., THABIPARAMBIL HOUSE, ELAMKAPPILLY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683542.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENTS:
1 DEPUTY CHIEF ENGINEER, KERALA WATER AUTHORITY, CENTRAL REGION ERNAKULAM, KOCHI-11.
2 THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALUVA, PIN-683101.
3 THE CENTRE FOR EARTH SCIENCE STUDIES, REP. BY ITS DIRECTOR, P.V. NO.7250, AKKULAM, THIRUVANANTHAPURAM, PIN-695031.
4 JAISON VARGHESE, PARAPPURAM HOUSE, MAVALIPPADY, KOOVAPPADY P.O., ERNAKULAM DISTRICT, PIN-683544.
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ADDL. 7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD - 682 030 IS IMPLEADED AS ADDL.R7 AS PER ORDER DATED 07/06/2019 IN I.A.1/2019.
R1-2 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY R3 BY SRI.TULASI PANICKER, CGC R4 BY ADV. SRI.ANIL THOMAS(T) R4 BY ADV. SMT.K.V.RASHMI R5-6 BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).30938/2016(N), WP(C).19908/2018(K), WP(C).29607/2018(A), WP(C).18819/ 2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942
WP(C).No.18819 OF 2019(B)
PETITIONER:
PRASAD.E.K, AGED 54 YEARS, S/O. KURUVILA, RESIDING AT ELAVAMKUDY HOUSE, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 544.
BY ADVS. SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE SMT.P.ANITHA
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CHAIRMAN, THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (DEIAA), ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682 030.
2 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI- 682 030.
3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE (PESO), A AND D WING, BLOCK 1-8, II FLOOR, SASTHRI BHAVAN, 26 HADDOUS ROAD, NUNGAMBAKKAM, CHENNAI - 600 006.
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9 SUB INSPECTOR OF POLICE, KODANAD POLICE STATION, KODANAD P.O., ERNAKULAM DISTRICT, PIN - 683 544. R1-2,R5,R8-9 BY GOVERNMENT PLEADER SRI.S.KANNAN R4 BY SRI.ROJO JOSEPH, CGC R6 BY ADV. SRI.ANIL THOMAS(T) R6 BY ADV. SMT.K.V.RASHMI R7 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).30938/2016(N), WP(C).19908/2018(K), WP(C).29607/2018(A), WP(C).5839/ 2019(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) Nos.30938 of 2016, 19908 & 29607 of 2018, 5839 and 18819 of 2019
Dated this the 4th day of March, 2021
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
These writ petitions are filed against quarrying operations in the land comprised in Survey Nos.397/4-1, 397/4-2, 397/7-2, 398/4, 398/5 and 397/6 in Koovappady Village of Kunnathunad Taluk. Hence, they are heard together and being disposed of by a common judgment.
resident of Koovappady Panchayat challenging Ext.P1 quarrying permit issued by the Department of Mining and Geology, Government of Kerala and Ext.P6 Consent to Operate issued by the Kerala State Pollution Control Board. The validity of Ext.P1 expired on 25.11.2016 and that of
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Ext.P6, on 31.03.2017. Hence, this writ petition has become infructuous.
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Health Division, KWA, Aluva and direct respondents 5 and 6 to ensure that registered rubber plantations exempted under the Kerala Land Reforms Act are not used for running granite quarry.
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Existence of irrigation canals, bridges, water reservoirs etc. were suppressed in the application for Environmental Clearance (EC). Existence of pending litigation was suppressed in EC application. Though the petitioners and others raised valid objections against grant of environmental clearance, the 1st respondent District Environmental Impact Assessment Authority (DEIAA), Ernakulam issued Ext.P2 EC. The Panchayat authorities granted licence to the unit, on an incomplete application. Hence, Ext.P2 EC and Ext.P9 D&O licence are liable to be set aside.
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running quarries near canals, water tanks, bridges etc. Originally, the Second proviso to Rule 10 of the Kerala Minor Mineral Concession Rules, 2015 required a minimum distance of 100 metres from residential houses, public roads etc. for running granite quarry. The rules were illegally amended as per Ext.P2 specifying the distance as “within the distance specified by the Kerala State Pollution Control Board from time to time”. The amendment is illegal. Therefore, Ext.P3 quarrying permit is liable to be set aside.
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the EC has been issued by the Chairman, DEIAA in violation of guidelines and statutory provisions. The DEIAA has failed to enquire into and satisfy whether data provided in the application for EC were correct. The DEIAA failed to obtain NOC from the Executive Engineer, KWA and Executive Engineer, PVIP before granting EC. The DEIAA failed to take note of the criminal case registered against the grantee of EC and his Blaster, which showed that serious physical injury was sustained by a student due to quarrying operation.
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is at a distance of 750 m. from the quarrying area. The nearest road is 107 m. far and the nearest residential building is at a distance of 109 m. Before issuing Ext.P2 EC, the 1st petitioner was heard. The DEIAA also conducted a site inspection on 22.06.2018. There are no residential or other structures within the prohibitory distance. Though Ext.P6 stop memo was issued, the 5th respondent obtained Ext.P2 EC. The petitioners have alternate statutory remedy.
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The allegation that there are six bridges over the canal, is denied. The existence of human habitations were properly shown in the sketch submitted to the authorities. The 1st respondent has considered the objections raised by local residents. A committee deputed by the DEIAA inspected the site before grant of EC. The writ petition is therefore liable to be dismissed.
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canal and a number of bridges near the quarry. Prior NOC of Kerala Water Authority was also not obtained. And later NOC was issued in violation of Section 40(2) of the Kerala Irrigation and Water Conservation Act, 2003.
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infringed. The 5th respondent had disclosed all facts and made available all relevant documents before the DEIAA for grant of EC. All the petitioners are residing beyond the statutory limits and they have no legal right to approach this court. The DEIAA has considered the issues raised by the petitioners.
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and modern methods of mining. The inspection team looked into the impacts of ecosystem, flora, fauna, soil, Landform and air quality which are likely to be altered on starting mining operations. The potential for natural hazards like landslides, surface shift, erosion, flooding or any adverse environmental conditions were ruled out.
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to grant Environmental Clearance. Ext.P2 would disclose that the DEIAA had caused a site inspection before issuance of EC and found that there are no residences within the statutory distance. Accordingly, the DEIAA issued EC on certain conditions, one of which was that all statutory clearances should be obtained as applicable, by the Project Proponent from the respective competent authorities including that for blasting and storage of explosives.
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after causing an inspection of the locality and considering the objections of the petitioners. The contention of the petitioners is that there are residences, bridges, canals and water reservoirs within prohibited distance. The argument of the petitioners is disputed by the official respondents as well as the 5th respondent. Though the petitioners relied on certain documents to establish their case in this regard, since the facts involved are disputed, this court in exercise of the jurisdiction under Article 226 cannot enter into a factual adjudication on those aspects.
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learned Single judge in W.P.(C) No.23565/2017, wherein it has been held that recommendations made by DEAC without considering the impact of quarrying operations within the prohibited distance would be illegal. Hence, Ext.P2 EC is to be declared as illegal.
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issued illegally.
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in case of damage due to quarrying operations. Respondents 1 to 6 have statutory mechanism to recover any damage in case it happens due to the functioning of the quarry. The argument of the petitioners is therefore liable to be rejected.
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There is no illegality in the action of the authorities in adopting the distance criteria laid down by the Pollution Control Board.
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as air blocks in the road. The old-age of pipes, pressure variation etc. are also contributing to the leaks. Therefore, leakages in pipelines are not as a result of quarrying operation. In fact, the Centre for Earth Science Studies has also ruled out the possibility of falling rock pieces beyond the buffer distance of hundred metres. Therefore, the structures do not face any danger. As the Executive Engineer, PH Division, Kerala Water Authority has issued the NOC after obtaining report of Centre for Earth Science Studies, this Court do not find any reason to interfere with the NOC.
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For the reasons stated hereinabove, the writ petitions are dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/01.03.2021
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APPENDIX OF WP(C) 30938/2016
PETITIONER'S EXHIBITS:
| EXHIBIT P1: | TRUE COPY OF ISSUED TO THE 2ND RESPONDENT |
THE QUARRYING PERMIT 4TH RESPONDENT BY THE |
|---|---|---|
| EXHIBIT P2: | TRUE COPY OF OBTAINED BY THE |
THE EXPLOSIVE LICENSE 4TH RESPONDENT |
| EXHIBIT P3: | TRUE COPY OF IN MATHRUBHUMI |
THE NEWS ITEM PUBLISHED DAILY DATED 24.08.2016 |
| EXHIBIT P4: | TRUE COPY OF | THE COMPLAINT SUBMITTED |
| BY THE LOCA DISTRICT COLLEC |
L PEOPLE BEFORE THE TOR |
|
| EXHIBIT P5: | TRUE COPY OF DISTANCES, I RESPONDENT |
THE SKETCH SHOWING THE SSUED BY THE 3RD |
| EXHIBIT P6: | TRUE COPY OF ISSUED TO THE 1ST RESPONDENT |
THE CONSENT OT OPERATE 5TH RESPONDENT BY THE |
| EXHIBIT P7: | TRUE COPY O SUBMITTED BY T DISTRICT COLLEC |
F THE REPRESENTATION HE PETITIONER BEFORE THE TOR |
| EXHIBIT P8: | PHOTOS SHOWING THE PETITIONER' |
THE DAMAGES CAUSED TO S HOUSE |
| EXHIBIT P8(A): | PHOTOS SHOWING THE NEARBY RES OPERATION OF 4T |
THE DAMAGES CAUSED TO IDENCE DUE TO THE QUARRY H RESPONDENT |
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APPENDIX OF WP(C) 19908/2018
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE DAMAGES CAUSED TO THE RESIDENTIAL BUILING OF THE1ST PETITIONER. EXHIBIT P1(A) TRUE COPY OF THE PHOTOGRAPH SHOWING THE DAMAGES CAUSED TO THE RESIDENTIAL BUILDING OF THE 2ND PETITIONER. EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CERTIFICATE DATED 19/3/2018. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 01/11/2017 IN WPC NO. 23565 FO 2017 EXHIBIT P4 TRUE COPY OF REPORT DATED 6/01/2018 OF REVENUE DIVISIONAL OFFICER MUVATTUPUZHA SUBMITTED BEFORE THE KERALA STATE HUMAN RIGHTS COMMISSION. EXHIBIT P5 TRUE COPY OF THE REPORT DATED 24/10/2017 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE KERALA STATE HUMAN RIGHTS COMMISSION. EXHIBIT P6 TRUE COPY OF THE STOP MEMO DATED 27/9/2016 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 12/7/2017 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 10/01/2018 EXHIBIT P9 TRUE COPU OF THE PANCHAYATH LICENCE DATED 3/5/2018 EXHIBIT P10 TRUE COPY OF APPLICATION FOR LICENCE. EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS FOR THE GRANT OF EXT. P9 LICENCE.
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EXHIBIT P12 TRUE COPY FO THE PARTITION DEED DATED 30.9.1988. EXHIBIT P13 TRUE COPY OF THE SETTLEMENT DEED DATED 14.11.1988. EXHIBIT P14 TRUE COPY OF THE SALE DEED DATED 15.7.2004. EXHIBIT P15 TRUE COPY OF THE BLASTERS CERTIFICATE DATED 28.3.2018. EXHIBIT P16 TRUE COPY OF THE CHARGE SHEET DATED 13.9.2014. EXHIBIT P17 TRUE COPY OF THE LOCATION SKETCH SUBMITTED BY THE 7TH RESPONDENT FOR OBTAINING EXT.P2 E.C. EXHIBIT P18 TRUE COPY OF THE RELEVANT EXTRACT OF THE METALLIFEROUS MINES REGULATIONS.
EXHIBIT P19 PHOTOGRAPHS.
RESPONDENTS' EXHIBITS:
EXHIBIT R3A A TRUE COPY OF THE REPORT SUBMITTED BY THE DISTYRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, ERNAKULAM, PURSUANT TO THE SITE INSPECTION CARRIED OUT ON 22/6/2018 EXHIBIT R5(A) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.3.2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY. EXHIBIT R5(B) TRUE COPY OF THE LICENSE DATED 30.9.2014 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI. EXHIBIT R5(C) TRUE COPY OF THE LICENSE DATED 5.4.2018 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI.
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EXHIBIT R5(D) TRUE COPY OF THE CONSENT TO OPERATE DATED 28.3.2018 FILE NO.PCB/EKM/DO2/ICO-QR-R3/129/2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT R5(E) TRUE COPY OF THE LICENSE NO.340/18-19 DATED 3.5.2018 ISSUED TO THE PETITIONER FROM THE KOOVAPPADY GRAMA PANCHAYATH. EXHIBIT R5(F) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER, P.V.I.P DIVISION NO.1 DATED 11.7.2018. EXHIBIT R5(G) TRUE COPY OF THE QUARRYING PERMIT FOR EXTRACTION OF GRANITE BUILDING STONE DATED 12.6.2018 ISSUED TO THE PETITIONER FROM THE DEPARTMENT OF MINING AND GEOLOGY. EXHIBIT R5(H) TRUE COPY OF THE REPORT DATED 25.6.2018 SUBMITTED BY THE 4 MEMBER COMMITTEE DEPUTED BY THE DEIAA. EXHIBIT R5(I) TRUE COPY OF NOC DATED 16.2.2019 ISSUED BY THE EXECUTIVE ENGINEER, PH DIVISION, ALUVA. EXHIBIT R5(J) TRUE COPY OF THE RECEIPT DATED 16.2.2019 ISSUED BY THE EXECUTIVE ENGINEER, PH DIVISION, ALUVA SHOWING REMITTANCE OF RS.50,000/-. EXHIBIT R5(K) TRUE COPY OF APPLICATION DATED 16.4.2019 SUBMITTED BY THIS RESPONDENT BEFORE THE KWA. EXHIBIT R5(L) TRUE COPY OF REPLY ISSUED BY THE CONTROLLER OF EXPOLISVES, ERNAKULAM TO THE KWA.
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APPENDIX OF WP(C) 29607/2018
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 11/07/2018 ISSUED BY THE HEALTH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 19/05/2015 PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE GEOLOGICAL PERMIT DATED 12.06.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 28/03/2018 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE METTALIFEROUS MINING REGULATIONS. EXHIBIT P6 TRUE COPY OF THE SCHEDULE OF THE NOISE POLLUTION (REGULATION AND CONTROL)RULES 2000.
RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) THE TRUE COPY OF THE AGREEMENT EXECUTED WITH THE EXECUTIVE ENGINEER OF WATER IRRIGATION DEPARTMENT DATED 11/07/2018.
EXHIBIT R7(B) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY.
EXHIBIT R7(C) TRUE COPY OF THE LICENSE DATED 30/09/2014 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI.
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| EXHIBIT R7(D) | TRUE COPY OF THE LICENSE DATED |
|---|---|
| 05/04/2018 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI. |
|
| EXHIBIT R7(E) | TRUE COPY OF THE CONSENT TO OPERATE DATED 28/03/2018 FILE NO. PCB/EKM/DO2/ICO-QR-R3/129/2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. |
| EXHIBIT R7(F) | TRUE COPY OF THE LICENSE NO.340/18-19 DATED 03/05/2018 ISSUED TO THE PETITIONER FROM THE KOOVAPPADY GRAMA PANCHAYATH. |
| EXHIBIT R7(G) | TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER P.V.I.P. DIVISION NO.1 DATED 11/07/2018. |
| EXHIBIT R7(H) | TRUE COPY OF THE QUARRYING PERMIT FOR EXTRACTION OF GRANITE BUILDING STONE DATED 12/06/2018 ISSUED TO THE PETITIONER FROM THE DEPARTMENT OF MINING AND GEOLOGY. |
| EXHIBIT R7(I) | TRUE COPY OF THE GAZETTE NO. GO NO.25/2017/ID DATED 22/06/2017. |
| EXHIBIT R7(J) | TRUE COPY OF THE ORDER IN WPC NO.19908/2018 DATED 14/08/2018. |
| EXHIBIT R7(K) | TRUE COPY OF THE REPORT DATED 02/11/2018 SUBMITTED BY THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY. |
| EXHIBIT R7(L) | TRUE COPY OF NOC DATED 16/02/2019 ISSUED BY THE EXECUTIVE ENGINEER, PH DIVISION, ALUVA. |
| EXHIBIT R7(M) | TRUE COPY OF THE RECEIPT DATED 16/02/2019 ISSUED BY THE EXECUTIVE ENGINEER, PH DIVISION, ALUVA SHOWING REMITTANCE OF RS. 50,000/-. |
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| EXHIBIT | R7(N) TRUE COPY OF INFO THE OFFICE OF TH PERUMBAVOOR REGA CULVERTS AND FOOT |
RMATION O E PVIP SU RDING EX BRIDGES. |
BTAINED FROM B DIVISION, ISTENCE OF |
|---|---|---|---|
| EXHIBIT | R3(A) A TRUE COPY OF TH |
E REPORT | SUBMITTED BY |
| THE DISTRICT ASSESSMENT AUT PURSUANT TO TH CARRIED OUT ON 22 |
ENVIRONME HORITY, E SITE /06/2018. |
NT IMPACT ERNAKULAM, INSPECTION |
|
| EXHIBIT | R3(B) A TRUE COPY OF SUBMITTED BY THE |
THE LOCA 7TH RESPON |
TION SKETCH DENT. |
| EXHIBIT | R5(A) A TRUE COPY OF 11.07.2018 ENTER 7TH RESPONDENT AN |
THE AGRE ED INTO D THE DEPA |
EMENT DATED BETWEEN THE RTMENT. |
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APPENDIX OF WP(C) 5839/2019
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CHARGE SHEET 13.9.2014 |
DATED |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE COUNTER AFF | IDAVIT |
| DATED 3.10.2018 FILED BY THE RESPONDENT IN WPC.29607/2018 |
1ST | |
| EXHIBIT P3 | TRUE COPY OF THE NOC DATED 16. ISSUED BY THE 2ND RESPONDENT |
2.2019 |
| EXHIBIT P4 | TRUE COPY OF THE LETTER | DATED |
| 16.11.2012 ISSUED BY THE RESPONDENT |
3RD | |
| EXHIBIT P5 | TRUE COPY OF THE SALE DEED 15.7.2004 |
DATED |
| EXHIBIT P6 | TRUE COPY OF THE SETTLEMENT DEED 14.11.1988 |
DATED |
| EXHIBIT P7 | TRUE COPY OF THE PARTITION DEED 30.9.1988 |
DATED |
| EXHIBIT P8 | TRUE COPY OF THE REPORT 06/01/2018 PRESENTED BY MOOVATTUPUZHA BEFORE THE STATE RIGHTS COMMISSION. |
DATED RDO, HUMAN |
| EXHIBIT P9 | TRUE COPY OF THE RELEVANT EXTRA THE PUBLIC LIABILITY (INSURANCE) 1991. |
CT OF ACT, |
| EXHIBIT P10 | TRUE COPY OF THE ORDER 13/09/2018 IN OA NO. 186/201 CONNECTED CASES BY NGT. |
DATED 6 AND |
| EXHIBIT P11 | TRUE COPY OF THE ORDER | DATED |
| 11/12/2018 IN OA NO. 520/201 CONNECTED CASES BY NGT. |
6 AND |
WP(C) No.30938/2016 & Connected cases
:41:
EXHIBIT P12 TRUE COPY OF THE SCHEDULE III UNDER THE NOISE POLLUTION (REGULATION AND CONTROL) RULES 2000. EXHIBIT P13 TRUE COPY OF THE SCHEDULE IV UNDER RULE 99 OF THE EXPLOSIVE RULES.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE REPORT ISSUED BY NOC. EXHIBIT R4(A) TRUE COPY OF ENVIRONMENTAL CLEARANCE ISSUED BY THE DEIAA, ERNAKULAM DATED 19/03/2018. EXHIBIT R4(B) TRUE COPY OF LICENSE TO POSSESS AND USE EXPLOSIVE TO THIS RESPONDENT DATED 30/09/2014. EXHIBIT R4(C) TRUE COPY OF INTEGRATED CONSENT TO OPERATE RENEWED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 28/03/2018, VALID UPTO 18/03/2021. EXHIBIT R4(D) TRUE COPY OF LICENSE ISSUED TO THIS RESPONDENT BY THE KOOVAPPADI GRAMA PANCHAYAT FOR THE PERIOD 2018-2019. EXHIBIT R4(E) TRUE COPY OF NOC NO.A2-1541/2018, DATED 11/07/2018 ISSUED BY THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT. EXHIBIT R4(F) TRUE COPY OF THE QUARRYING PERMIT DATED 12/06/2018, VALID UPTO 11/06/2019. EXHIBIT R4(G) TRUE COPY OF RECEIPT ISSUED BY THE VILLAGE OFFICE, SHOWING REMITTANCE OF TAX IN RESPECT OF THE PROPERTY OF THIS RESPONDENT. EXHIBIT R4(H) TRUE COPY OF RECEIPT ISSUED BY THE KOOVAPPADY VILLAGE, ACKNOWLEDGING THE REMITTANCE OF LAND TAX IN RESPECT OF THE PROPERTY OF SRI. ANIL VARGHESE.
WP(C) No.30938/2016 & Connected cases
:42:
EXHIBIT R4(I) TRUE COPY OF CONSENT ISSUED BY SRI. ANIL VARGHESE IN FAVOUR OF THIS RESPONDENT. EXHIBIT R4(J) TRUE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER CERTIFYING THAT THIS RESPONDENT DO NOT HAVE ANY LAND IN EXCESS OF CEILING LIMIT. EXHIBIT R4(K) TRUE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER CERTIFYING THAT MR. ANIL VARGHESE DO NOT HAVE ANY LAND IN EXCESS OF CEILING LIMIT.
WP(C) No.30938/2016 & Connected cases
:43:
APPENDIX OF WP(C) 18819/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY 2ND RESPONDENT DATED 12.06.2018. EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.22/2018 ISSUED BY DEIAA DATED 19.03.2018. EXHIBIT P3 THE TRUE COPY OF REPORT SUBMITTED BY 5TH RESPONDENT DATED 06.01.2018. EXHIBIT P4 TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JFCM COURT,KURUPPAMPADY BY 9TH RESPONDENT IN CRIME NO. 1312 DATED 13.09.2014. EXHIBIT P5 THE TRUE COPY OF THE REPORT SUBMITTED BY ASSISTANT EXECUTIVE ENGINEER, PVIP TO THE 8TH RESPONDENT DATED 09.07.2018. EXHIBIT P6 TRUE COPY OF THE EXPLOSIVES LICENSE ISSUED BY 3RD RESPONDENT DATED 30.09.2014.
EXHIBIT P7 TRUE COPY OF BLASTERS CERTIFICATE OF COMPETENCY DATED 05.04.2019.
RESPONDENTS' EXHIBITS:
EXHIBIT R6 A TRUE COPY OF SITE PLAN APPROVED BY THE VILLAGE OFFICER. EXHIBIT R6 B TRUE COPY OF THE PROCEEDINGS OF THE COMMITTEE DEPUTED BY THE DEIAA. EXHIBIT R2(A) A TRUE COPY OF THE REPORT SUBMITTED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, ERNAKULAM, PURSUANT TO THE SITE INSPECTION CARRIED OUT ON 22.6.2018
WP(C) No.30938/2016 & Connected cases
:44:
EXHIBIT R4(1) TRUE COPY OF THE SAID LETTER DATED 28.6.2019 DIRECTING THE 6TH RESPONDENT TO SUBMITE DATA FOR GENERATION OF MINE CODE
SR
3 issues framed by the court
Did the challenges to the quarry's environmental clearance warrant interference under Article 226 despite disputed facts and an alternate statutory remedy?
Did amendments adopting Pollution Control Board distance criteria under Rules 10 and 40 constitute excessive delegation?
Was the NOC condition requiring restoration of canal damage enforceable without a separate agreement?
Colour shows how this judgement treated each authority
Sobin P.K. v. District Geologist, Ernakulam and othersReferred¶149
[2020 (1) KHC 1]
Joseph v. State of KeralaReferred¶149
[2003 (3) KLT 296]
W.P.(C) No.23565/2017Referred¶173
5 provisions across 4 enactments
T.K. MANI
THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD ERNAKULAM DIVISION II
THE DISTRICT GEOLOGIST, MINING & GEOLOGY DEPARTMENT
THE VILLAGE OFFICER, KOOVAPPADY VILLAGE
JAISON VARGHESE
BABY
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
