Kerala High Court
M/S. Quarry Of Manjeri Blue Metals vs The District Geologist on 30 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 35563/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 35563 OF 2022
PETITIONER:
M/S. QUARRY OF MANJERI BLUE METALS,
AMAYUR, MANJERI, MALAPPURAM
REPRESENTED BY MANAGING PARTNER ABDUL MAJEED P,
AGED 50 YEARS, S/O. UMMER HAJI,
GAZAL HOUSE, KOTTALA, THIRUVALI PO,
MANJERI, MALAPPURAM - 676123.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
MALAPPURAM DISTRICT, MINING AND GEOLOGY DEPARTMENT,
OFFICE OF THE DISTRICT GEOLOGIST,
MINI CIVIL STATION, MANJERI, MALAPPURAM - 676121.
2 THE DIRECTOR MINING AND GEOLOGY DIRECTORATE,
KESAVADASAPURAM, PATTOM PALACE PO,
THIRUVANANTHAPURAM - 695004.
3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM 695001.
4 MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE,
PARYAVARAN BHAVAN, NEW DELHI,
REPRESENTED BY ITS DIRECT 110014.
BY ADV STINNIE JOHN, CGC
SMT.VIDYA KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35563/2022
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JUDGMENT
Read order dated 22.10.2024. As per the directions of this
Court in the above mentioned order, the Geologist conducted
inspection of the petitioner's quarry and submitted a report. The
Geologist submitted that the petitioner had extracted total quantity
of 41,132 MT of Granite Building Stone after the approval of the
scheme of mining and the balance reserve available for mining is
77668 MT.
2. I have heard both sides.
3. The learned Counsel for the petitioner submitted that
since balance minor minerals are available, he is entitled for the
benefit of Government Order G.O.(Rt) No.203/2021/ID dated
12.02.2021. Per-contra, the learned Government Pleader Smt.Vidya
Kuriakose submitted that, even though the petitioner was entitled
to extract Granite (Building Stone) from the area covered under the
grant @ 50,000 MT per year, the petitioner has extracted in excess
and therefore he is not entitled for the benefit of the Government
Order dated 12.02.2021.
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4. It is true that the petitioner has extracted excess
quantity. However, it has been compounded and he has paid
penalty. Since the excess extraction was compounded and penalty
has been paid, that cannot be a ground to deny the benefit of the
Government Order dated 12.02.2021. That apart, the Geologist in
his report has submitted that sufficient reserve is available for
mining. In a similar situation, this Court has extended the quarrying
lease (See W.P.(C) No. 35065/2023 dated 12.12.2023). Hence, it is
declared that the petitioner would be entitled for extension of the
validity of the period of quarrying lease by one year as stipulated in
the Government Order dated 12.02.2021 w.e.f. 22.10.2024. It is
made clear that during the said period, the petitioner shall confine
the quarrying operations only to the balance quantity of minerals
that is permitted to quarry as per the quarrying lease. The
respondent No.1 is directed to issue necessary transit passes/
movement permit to the petitioner, in accordance with law.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 35563/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING
LEASE IN FORM H EXECUTED ON 23/10/2017 WHICH IS
VALID TILL 22/10/24 UNDER THE TERMS OF RULE 43 OF
THE KERALA MINOR MINERAL CONCESSIONS RULES, 2015
AND IN COMPLIANCE OF ARTICLE 299 OF THE
CONSTITUTION OF INDIA.
EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY
THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
KERALA HAVING EC NO. 50/2016 DATED 27/4/2016.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 30/1/2019.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE DATED 13/7/2020.
EXHIBIT P5 TRUE COPY OF THE LICENSE ISSUED UNDER 232 OF THE
PANCHAYAT RAJ ACT, 1994 BY THE THEIKKALANGODE GRAMA
PANCHAYAT DATED 14/9/2021.
EXHIBIT P6 TRUE COPY OF THE E-PAYMENT TRANSACTION SLIP
SUBMITTED BEFORE THE DEPARTMENT OF MINING AND
GEOLOGY, DISTRICT OFFICE, MALAPPURAM DATED
16/4/2022.
EXHIBIT P7 TRUE COPY OF THE SO NO. 1807(E) DATED 12/4/2022.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN
ON 14/12/18.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 3/6/2022
PASSED IN W.P.(C). NO. 14264/2022.
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED 19/9/2022
PASSED BY THIS HON'BLE COURT IN W.P.(C). NO.
29294/2022.
EXHIBIT P11 TRUE COPY OF NOTIFICATION NO. S.O. 221 (E) DATED
18.01.2021 ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE
EXHIBIT P12 TRUE COPY OF G.O.(RT.) NO. 1257/2023/ID DATED
14.12.2023 ISSUED BY THE DEPARTMENT OF INDUSTRIES,
GOVERNMENT OF KERALA
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EXHIBIT P13 TRUE COPY OF THE PAY IN SLIP DATED 22.03.2024
ISSUED BY THE DEPARTMENT OF TREASURIES
EXHIBIT P14 TRUE COPY OF THE CHALAN ISSUED BY THE MINING AND
GEOLOGY DEPARTMENT FOR THE PAYMENT DATED NIL.
EXHIBIT P15 TRUE COPY OF CHEQUE NO. 216844 DATED 23.03.2024
DRAWN AT THE DHANLAXMI BANK LTD., MANJERI BRANCH.
EXHIBIT P16 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF
MINING WITH FINAL QUARRY CLOSURE PLAN.
