High Court of Kerala
ASHOK BHUSHAN & A.M. SHAFFIQUE, JJ.
Suresh Kunnath & Others
Versus
Commissioner of Police & Others
W.P. (C) Nos. 8672, 11729, 14206 & 13617 of 2014
Decided on: 22-08-2014
Mining Operation - Environmental Clearance - Environment (Protection) Act, 1986 - [Mining Operation] - [Environment (Protection) Act, 1986, Section 3, Rule 5] - The court discussed the issue of carrying on mining operation in the Mookkunnimala hills and the requirement of obtaining environmental clearance as per the provisions of the Environment (Protection) Act, 1986. The judgment highlighted the impact of quarrying on the environment and the need for a scientific method of quarrying to minimize ecological damage. The court also emphasized the duty to develop and conserve natural resources for the benefit of future generations. The judgment referred to the Apex Court's decision in Deepak Kumar's case, which mandated environmental clearance for mining leases, and noted that even leases granted prior to the judgment required environmental clearance. The court directed the District Collector to examine whether the quarry owners had obtained or were liable to obtain environmental clearance before permitting the plying of lorries carrying quarried materials.
Fact of the Case:
The writ petitions involved a dispute over police protection for the transportation of quarried materials from the Mookkunnimala hills. The petitioners, including lorry owners and quarry owners, sought police protection due to objections and protests from local residents. The District Magistrate had issued an order prohibiting the plying of vehicles for quarrying purposes, citing environmental concerns and the need for a scientific method of quarrying to minimize ecological damage. The main issue was the dispute over carrying on mining operation in the Mookkunnimala hills.
Finding of the Court:
The court found that the main issue was the dispute over carrying on mining operation in the Mookkunnimala hills. It noted the impact of quarrying on the environment and the requirement of obtaining environmental clearance as per the provisions of the Environment (Protection) Act, 1986. The court also emphasized the duty to develop and conserve natural resources for the benefit of future generations. It directed the District Collector to examine whether the quarry owners had obtained or were liable to obtain environmental clearance before permitting the plying of lorries carrying quarried materials.
Issues: The main issue was the dispute over carrying on mining operation in the Mookkunnimala hills. The court also considered the requirement of obtaining environmental clearance for mining leases as mandated by the Environment (Protection) Act, 1986.
Ratio Decidendi: The court's decision was based on the need to protect the environment and conserve natural resources for the benefit of future generations. It emphasized the requirement of obtaining environmental clearance for mining leases, even those granted prior to the judgment in Deepak Kumar's case. The court directed the District Collector to examine the environmental impact of quarrying and the need for environmental clearance before permitting the transportation of quarried materials.
Final Decision: The court disposed of the writ petitions by directing the District Collector to examine whether the quarry owners had obtained or were liable to obtain environmental clearance before permitting the plying of lorries carrying quarried materials. It also held that the petitioners would be entitled to request police protection for the transportation of quarried materials only after a decision was taken by the Collector permitting the respective quarry owners to carry on the mining operations.
Ashok Bhushan, J.
1. The above four writ petitions praying for police protection had been heard together and are being decided by this common judgment.
2. First two writ petitions have been filed by petitioners who are owners of lorries which are hired by quarry owners for the purpose of transportation of rocks and other materials from the quarry site. Third and fourth writ petitions have been filed by the petitioners who themselves are quarry owners quarrying rocks and other materials which are being transported by lorries. The facts of W.P.(C) No.8672 of 2014 are noted in detail, which shall be sufficient for deciding all these writ petitions.
3. W.P.(C) No.8672 of 2014 has been filed by three petitioners who claimed to be members of All Kerala Lorry Owners Association. Second petitioner claims to be the President of the Association. The Association owns several lorries which have been hired by various people including the quarry owners situated in Mookkunnimala, Thiruvananthapuram. There are only two access roads to reach Mookkunnimala; they are Edakode - Mookkunnimala and Malayam-Mookkunnimala. Objections were raised, by the people residing nearby the quarries, against the operation of quarries as well as transportation of quarried materials by lorries. Respondents 4 to 6 in W.P.(C) No.8672 of 2014 have raised protest with regard to the movement of lorries through the public road. Protest of respondents were both against the operation of quarries as well as plying of lorries on the two roads leading to quarries at Mookkunnimala. Petitioners submitted a compliant on 15.01.2014 to Sub Inspector of Nemom Police Station, Thiruvananthapuram alleging that lorries are not permitted to enter the quarry site, as the people has obstructed the path of the lorries. Effective police protection for lorries, for transporting through the above roads, was sought for in the complaint. Another complaint was submitted on 17.03.2014 before the Circle Inspector of Police. Petitioners, thereafter, filed W.P.(C) No.8672 of 2014 praying for the following reliefs:
"i. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to afford adequate and effective police protection to the plying of all lorries of the petitioners carrying goods through the Edakode-Mookkuunimala-Malayam road without any obstruction or any other illegal acts from respondents 4 to 6 or anybody acting under or through them.
ii. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to afford adequate and effective police protection to the life of the drivers of petitioners' lorries.
iii. Issue such other appropriate writ, order or direction that may be deemed to be just and equitable in the facts and circumstances of the case."
4. W.P.(C) No.11729 of 2014 has been filed by the sole petitioner, Sri. N. Satheesh Kumar, who claims to be the owner of several lorries plying for quarries at Mookkunnimala through the above mentioned two roads. Alleging obstruction by respondents 4 to 7 in the said writ petition, a petition was submitted on 15.04.2014 to the Sub Inspector of Police. Petitioner thereafter filed the writ petition seeking a direction to respondents 1 to 3 to afford adequate and effective police protection for the plying of all the lorries of the petitioner carrying goods through the aforesaid roads.
5. W.P.(C) No.14206 of 2014 has been filed by Southern Granite Industries, alleging that petitioners have been granted quarry lease dated 30.04.2010 consent to operate the unit by Pollution Control Board has also been referred to including the Panchayat license dated 04.04.2014. Petitioner company claims that they have engaged various lorries for transporting the materials quarried from the site. It is alleged that objectors including respondents 4 to 9 in the said writ petition have blocked the roads and stopped the vehicular movement. A Petition was also submitted by petitioner befor
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