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1996 Supreme(Ker) 281

K.S.RADHAKRISHNAN
Manjapra Grama Panchayat – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.S. Radhakrishnan. J.

This Petition is filed by the Manjapra Grama Panchayat challenging orders dt. 15.6,1995 passed by the Deputy Director of Panchayats, Ernakulam, and of the Government confirming the same vide order dt. 26.3.1996, directing the Panchayat to issue licence to the fifth respondent to start a metal crusher unit.

2. Fifth respondent is the owner of 57.275 cents of wetland in Sy. No. 359/1/1 of Manjapra Village. She had earlier applied for permission for installing a hollow block manufacturing unit vide application dt. 11.3.1993. Panchayat Committee as per resolution No. 7 dt. 16.3.1993 resolved to grant permission for installation of hollow block making unit by using 10 HP electric motor.

3. Fifth respondent later attempted to instal a metal crusher unit along with hollow block unit in the same properly. A mass petition dt. 12.6.1993 signed by the people of the locality who are agriculturists was submitted to the Panchayat Their apprehension was that if permission is granted for starting a metal crusher unit, the same would adversely affect their paddy cultivation. It would create atmospheric and water pollution in that area. Justifying the apprehension of






















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