Abdul Nazar vs The District Geologist, ...
2021 Latest Caselaw 22869 Ker

WP(C) NO.15480 OF 2021               1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
 TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 15480 OF 2021
PETITIONER:

          ABDUL NAZAR
          AGED 58 YEARS
          S/O ABDUL KAREEM, ALFIAH NIVAS,
          NAVADHARA JUNCTION, KORANI P.O,
          TRIVANDRUM.

          BY ADVS.
          SRI PHILIP J.VETTICKATTU
          SMT.SAJITHA GEORGE



RESPONDENTS:

    1     THE DISTRICT GEOLOGIST, TRIVANDRUM
          MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM,
          PATTOM PALACE P.O,
          TRIVANDRUM-695004.

    2     THE DIRECTOR
          MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
          PATTOM PALACE P.O, TRIVANDRUM-695004.

          BY ADV SRI.S.KANNAN, SPECIAL GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.15480 OF 2021                  2




                               T.R. RAVI, J.
                --------------------------------------------
                       W.P.(C)No.15480 of 2021
                --------------------------------------------
              Dated this the 23rd day of November, 2021

                               JUDGMENT

The prayer in the writ petition is for a direction to quash Ext.P12

order and to direct the 1 st respondent to issue quarrying permit to the

petitioner. The grievance of the petitioner is that the respondents have

rejected his application as per Ext.P12 stating that the petitioner did not

have any mining permit as on the date of passing of the order of this Court

on 06.08.2020 staying the order dated 21.7.2020 of the National Green

Tribunal (NGT for short).

2. Heard.

3. The petitioner relies on the judgment of this Court in

W.P.(C)No.21615/2020 and connected cases in which an order passed by

the NGT regarding the distance criteria was challenged. This Court allowed

the writ petitions and set aside the order of the NGT which stipulated a

minimum distance of 200 metres from residential buildings and directed the

NGT to dispose of the representations. It is submitted that the issue was

later considered by the Hon'ble Supreme Court in the decision in Municipal

Corporation of Gr. Mumbai v. Ankita Sinha & Ors. reported in [2021

(6) KLT 133 (SC)]. The Hon'ble Supreme Court has set aside the order of

the NGT and held that the NGT is obliged to hear the parties before issuing

any adverse directions. After the judgment of the Hon'ble Supreme Court,

a learned Single Judge of this Court has considered the issue and in the

judgment in Kokkallur Granites Pvt.Ltd. v. Director of Mining and

Geology reported in [2021 (6) KLT 347] this Court directed

consideration of the application submitted for quarrying permits,

Environmental Clearance, PCB consent, explosive licence, Local Body

licence, leases, etc. in terms of the judgment of the Hon'ble Supreme Court

referred above.

In the above circumstances, the writ petition is allowed. Ext.P12 is

quashed. Respondents 1 and 2 are directed to reconsider the application

submitted by the petitioner for quarrying permit in accordance with the

judgment of the Hon'ble Supreme Court in Municipal Corporation of Gr.

Mumbai v. Ankita Sinha & Ors. reported in [2021 (6) KLT 133 (SC)]

and that of this Court in Kokkallur Granites Pvt.Ltd. v. Director of

Mining and Geology reported in [2021 (6) KLT 347] within 6 weeks

from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE

dsn

APPENDIX OF WP(C) 15480/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF INTIMATION DATED 29/08/2016 ISUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF INTIMATION DATED 30.01.2017 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF ENVIRONMENTAL CLEARANCE ISSUED BY THE DEIAA, DATED 6.2.2018.

Exhibit P4 TRUE COPY OF RELEVANT PAGES OF CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 7/11/2015, WHICH IS VALID UP TO 4/3/2023.

Exhibit P5 TRUE COPY OF RELEVANT PAGES OF EXPLOSIVE LICENSE ISSUED BY THE EXPLOSIVE DEPARTMENT, DATED 13.02.2020.

Exhibit P6 TRUE COPY OF LICENSE ISSUED BY THE VENJARAMOODE GRAMA PANCHAYAT, DATED 7/12/2019.

Exhibit P7 TRUE COPY OF LICENSE RENEWED BY THE VENJARAMOODE PANCHAYAT, DATED 1/4/2020 UPTO 31.3.2023.

Exhibit P8 TRUE COPY OF COVERING LETTER DATED 24.2.2020 SENT ALONG WITH EXTS.P2 TO P6 TO THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF INTIMATION DATED 2.12.2020 ISSUED BY NELLANAD GRAMA PANCHAYAT.

Exhibit P10 TRUE COPY OF ORDER DATED 28/5/2019 PASSED BY THE BALAVAKASHA COMMISSION.

Exhibit P11 TRUE COPY OF INTERIM ORDER PASSED BY THIS COURT DATED 29/06/2021 IN WPC NO. 2857/2021 FILED BY THE PETITIONER.

Exhibit P12 TRUE COPY OF ORDER PASSED BY THE 1ST RESPONDENT DATED 12.07.2021.

Exhibit P13 TRUE COPY OF ORDER PASSED BY THE NATIONAL GREEN TRIBUNAL DATED 21.7.2020.

Exhibit P14 TRUE COPY OF THE REPORT DATED 5.5.2018 SUBMITTED BY THE MINING & GEOLOGY DIRECTOR TO THE BALVAKASA COMMISSION

RESPONDENT EXHIBITS

Exhibit R 1(a) TRUE COPY OF THE REPORT SUBMITTED BEFORE THE LEARNED COMMISSION BY THE 1ST RESPONDENT.