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2015 Supreme(Ker) 176

HIGH COURT OF KERALA
ASHOK BHUSHAN & A.M. SHAFFIQUE, JJ.
All Kerala River Protection Council, Represented by its General Secretary Prof. S. Seetharaman – Appellant
Versus
State of Kerala Represented by its Principal Secretary, Secretariat Industries (A) Department Thiruvananthapuram & Others – Respondents
W.P. (C) Nos. 19663 & 11488 of 2013, W.P. (C) Nos. 31148, 20601, 6338, 6361, 33413, 4434, 34989, 7632, 12076, 7109, 15442, 4783, 10738, 26453, 27827, 27532, 28557, 33984, 34940, 30857, 34754, 23843, 4662 & 1566 of 2014 & 1046, 4471, 3731, 1055, 4821 & 2636 of 2015
Decided On : 23-03-2015

Advocates Appeared:
P.B. Sahasranaman, T.S. Harikumar, K. Jagadeesh, K.P. Dandapani, Advocate General, C.S. Manilal, Senior Government Pleader, S. Sreekumar, P. Ravindran, K. Ramakumar, Sr, Advocates, P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, Babu Joseph Kuruvathazha, B. Premnath (E), George Poonthottam, Saritha Thomas, Jobi Jose Kondody, P. Haridas, S. Sikky, P.C. Shijin, Sreedhar Ravindran, S.M. Prasanth, C. Dinesh, Asha Babu, G. Renjith, Ammu Charles, Jinnu Sara George, Bechu Kurian Thomas, Advocates.

Headnote:" Kerala Minor Mineral Concession Rules, 1967, Rules 4 and 29 - Mines And Minerals (Development And Regulation) Act, 1957 Section 15 Environmental Impact Assessment Notification dated 14.9.2006- No need of clearance by the ministry of environment and forest is needed when the area is less than 5 hectares -It is important to get environmental clearance for the grant of mining lease if the area is less than 5 hectares.

Judgment

Ashok Bhushan, J.

1. This bunch of Writ Petitions raises important issues relating to mining/quarrying in the State of Kerala. The issues have assumed more importance due to competing claim between the development by over exploitation of natural resources and protection of natural resources. Saving the environment and ecology is not only the fundamental duty of every citizen but it is also the obligation of every State. Writ Petitions listed before us consist of Writ Petitions filed as Public Interest Litigations, Police Protection Cases and Writ Petitions filed by and against quarry owners. Learned Single Judges while hearing a few of these Writ Petitions have also made reference to Division Bench for authoritative pronouncement on different environmental issues.

2. All the Writ Petitions and one Writ Appeal can be divided into the following five groups:

(I) Writ Petitions filed as Public Interest Litigations raising issues of unauthorized functioning of quarries in violation of the decision in Deepak Kumar and Others v. State of Haryana and Others, (2012) 4 SCC 629 and in violation of the Notifications issued by the Government of India, Ministry of Environment and Forests under the Environment (Protection) Act, 1986.

(II) Different Writ Petitions questioning the quarrying operations being conducted by the respondents to the Writ Petitions in violation of the decision in Deepak Kumar's case (supra) and in violation of the Notifications issued by the Government of India, Ministry of Environment and Forests.

(III) Writ petitions filed by different quarry owners/permit owners who have been granted mining/quarrying lease/permit challenging different actions of individuals and State due to which they are unable to smoothly conduct the quarrying/mining operations.

(IV) Writ Petitions which have been filed seeking police protection to conduct quarrying/mining.

(V) Two miscellaneous Writ Petitions and one Writ Appeal.

3. The first group of Writ Petitions consists of 3 Public Interest Litigations, being W.P(C) Nos.31148 of 2014, 20601 of 2014 and 4471 of 2015. Writ Petition No.31148 of 2014 (All Kerala River Protection Council, Aluva vs. State of Kerala and Others) is being treated as the leading Writ Petition among this group. It is necessary to note the pleadings and reliefs in the leading Writ Petition for considering and deciding the various issues raised in this bunch of Writ Petitions. Petitioner is an organisation registered with the main purpose of saving the environment of the State including all natural resources. This Public Interest Litigation claims to have been filed to protect the resources of the State from excessive mining operations being carried out in violation of the statutory provisions. It is pleaded that the excessive mining operations cause serious threat to the ecology. Reference to the judgment of Apex Court in Deepak Kumar's case (supra) has been made wherein the Apex Court had laid down that for grant of mining lease of minor minerals, environmental clearance is essential which is a pre-condition for grant or renewal of the mining lease. It is stated that the Government of India, Ministry of Environment and Forests has issued various directions under the Environment Protection Act, 1986 (hereinafter after referred to as “the 1986 Act”) making it mandatory to obtain environmental clearance for all mining operations. Reference has been made to order dated 18.05.2012. It is pleaded that mining of minor minerals is being carried out from lands and 44 rivers in the State. Referring to Section 4 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as “the 1957 Act) it is pleaded that no mining operation can be carried out except in accordance with the mining lease under Section 4 of the 1957 Act. It is pleaded that issuance of mining permit for mining operations is not permissibl


























































































































































































































































































































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