Petitioner sought writ to remove excess soil for house construction on assigned forest land. Court dismissed quashing order, directing petitioner to deposit soil at place suggested by DFO and refund royalty.
Petitioner directed to deposit soil at place suggested by DFO; Mining and Geology Department directed to refund royalty amount.
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
MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944
WP(C) NO. 9463 OF 2022
PETITIONER:
SMT. MARIA FAGI AGED 42 YEARS W/O SHAJI, AT ELAVUMTHARAPPIL HOUSE, CHENNAIPARA P.O., THRISSUR 680 653.
BY ADVS. P.R.VENKATESH G.KEERTHIVAS
RESPONDENTS:
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA SHRI.SANTHOSH P. PODUVAL, STANDING COUNSEL FOR R3, PANANCHERY GRAMA PANCHAYATH SHRI.T.P.SAJAN, SPL. GOVERNMENT PLEADER (FOREST) FOR R1 AND R2.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 7th day of November, 2022
The petitioner who wanted to construct a house, is before this Court seeking to quash Ext.P11 and to direct the 1st respondent to issue appropriate orders permitting the petitioner to remove excess soil lying in the property.
3.64 Ares of land in Survey No.609/5 in Ollukkara. The petitioner wanted to construct a building and obtained a Development Permit for construction of a building of total built up area of 111.17 square metres.
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approached the Department of Mining and Geology. The petitioner was granted permission to remove 396 cubic metres of earth. The petitioner was required to pay a royalty amount of Rs.11,840/-, which was promptly deposited by the petitioner in the District Treasury.
submitted Ext.P9 application dated 04.10.2021 before the Divisional Forest Officer (DFO).
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assigned land, no permission can be granted. It is aggrieved by the said stand that the petitioner is before this Court.
of facilitating building construction. She does not want the soil to be sold and make profit out of it. The petitioner is willing to deposit the soil wherever the respondents ask the petitioner.
In view of the facts as stated above and taking into consideration the willingness expressed by the petitioner, the writ petition is disposed of directing the petitioner to deposit the soil at a place suggested by the DFO. As the petitioner has paid royalty
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in respect of the soil as directed by the Department of Mining and
Geology, it is needless to say that the petitioner will be entitled for refund of the royalty amount deposited. Therefore, there will be a direction to the 2nd respondent-Mining and Geology Department to refund the royalty amount paid by the petitioner, once the petitioner deposits the excess soil in the land suggested by the DFO.
Sd/N. NAGARESH
sss
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APPENDIX OF WP(C) 9463/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ASSIGNMENT DEED NO. 1063/2020 AT THE SRO, OLLUKKARA. Exhibit P2 TRUE COPY OF PATTAYAM DATED 17.2.2001 ISSUED TO VARKEY. Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 31.10.2012 OF THE SPECIAL TAHSILDAR. Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 3.6.2021. Exhibit P5 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 20.2.2021 ISSUED BY THE PANANCHERY GRAMA PANCHAYAT. Exhibit P6 TRUE COPY OF BUILDING PERMIT ISSUED BY THE PANANCHERY GRAMA PANCHAYATH. Exhibit P7 TRUE COPY OF ORDER DATED 28.9.2021 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT, THRISSUR. Exhibit P8 TRUE COPY OF CHALLAN FOR PAYMENT OF ROYALTY. Exhibit P9 TRUE COPY OF APPLICATION DATED 4.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE DFO, THRISSUR. Exhibit P10 TRUE COPY OF THE REPORT DATED 9.11.2021 FROM THE RANGE OFFICER, PATTIKKAD RANGE. Exhibit P11 TRUE COPY OF THE ORDER DATED 22.11.2021 OF THE DFO. Exhibit P12 PHOTOGRAPHS OF THE HEAP OF SOIL LYING IN THE PROPERTY.
1 issue framed by the court
Whether the petitioner can remove excess soil from assigned forest land to facilitate house construction.
Smt. Maria Fagi
Divisional Forest Officer, Thrissur
Mining and Geology Department, Thrissur
Pananchery Grama Panchayat
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
