IMPORTANT POINTS
Ext.P1 Government order clearly mandates that the exemption in respect of the land under Section 81(3) of the Act is to enure only for a period of three years from the date of the Ext.P1 order, one can safely assume that the hot mix plant, which comes up in the area is only a temporary installation since, on the expiry of the three year period of exemption granted by the Government, the plant itself would have to be dismantled so as to comply with the requirements of the KLR Act and the ceiling provisions thereunder.

JUDGMENT :

The petitioners, who are stated to be residents of Kuttikanam, are aggrieved by Ext.P1 order passed by the 1st respondent State Government, granting exemption under Section 81 of the Kerala Land Reforms Act (hereinafter referred to as 'the Act'), to 188 cents of land comprised in a tea plantation in Sy.No.64/1 of Elappara Village, for the establishment of a hot mix plant by the 6th respondent. In the Writ Petition, it is their case that Ext.P1 order, which ought to have reflected an exercise of discretion by the State Government in public interest, completely ignored the possibility of the neighbouring areas being polluted on account of the operation of the hot mix plant. In particular, it is stated that in the immediate proximity of the site where the hot mix plant is proposed to be installed, there are numerous educational institutions, hostels, hospitals and residential houses, apart from tourists resorts and other buildings housing entertainment facilities, and the pollution that could result from the operation of the hot mix plant could have a deleterious effect on the people of the locality since a hot mix plant is included in the category of hazardous industries by the Expert Committee of the Pollution Control Board. It is also contended that emissions from such plants comprise mainly of gasses, which are proven carcinogens. Reference is made to the decision of the Supreme Court in M.C. Metha Vs. Union of India [(1997) 3 SCC 715] to contend that in New Delhi, the functioning of similar hot mix plants was held impermissible in residential areas. The contention, in other words, is that the non-application of mind by the State Government, to the relevant factors that ought to have informed their decision with regard to grant of exemption under Section 81 of the Act, is apparent from a reading of Ext.P1 order.

2. Referring to the licence granted by the 5th respondent Panchayath, to the Hot Mix Plant installed by the 6th respondent, it is contended that the said licence/permit was issued solely on the basis of Ext.P1 exemption that was granted in respect of the land in question. The provisions of the Panchayat Raj Act are referred, to suggest that the procedure contemplated under Sections 232 and 233 of the Act were not followed by the Panchayat authorities while granting permission to the 6th respondent for setting up the hot mix plant or, for that matter, while granting the Dangerous and Offensive (D & O) licence for the operation of the said plant. Ext.P1 order of the State Government granting the exemption under the KLR Act, as well as Ext.P4 resolution of the Panchayat granting permission to the 6th respondent for operating the hot mix plant, are impugned in this Writ Petition.

3. A counter affidavit has been filed on behalf of the 6th respondent, wherein details are given of the correspondence entered into between the said respondent and the State Government, in connection with the request for providing suitable land for setting up the hot mix plant. The averments in the affidavit reveal that the 6th respondent had been awarded a contract for strengthening of the National Highway for the stretch from KM 185/500 to KM 215/480 including KM 205/180 to KM 210/900 of NH 183 (Old NH 220) in the State of Kerala. The award of contract was by the Public Works Department and it was pursuant to an invitation for National Competitive Bidding at the instance of the National Highway authorities. Consequent to the award of the contract, the 6th respondent took steps to order the machinery required for setting up the hot mix plant. A perusal of Ext.R6(2) indicates that the machinery ordered was such as would ensure that there was minimum pollution resulting from the operation of the plant, inasmuch as the machinery itself came equipped with a pollution control unit that would ensure that the emissions, if any, adhered to international standards. Ext.R6(3) flow chart is produced to show that the air that is let out through the