IMPORTANT POINT
Legality of the Village Panchayat passing a resolution and taking a blanket decision not to grant a fresh licence for conducting quarries on account of objection by the people in the locality was considered and it is held that no such general decision can be taken and the decisions will have to be taken by the Grama Panchayat taking into account individual applications, and the same shall be considered in accordance with the provisions of the Act, 1994 and the Rules, 1996.

JUDGMENT :

SHAJI P. CHALY, J.

The captioned writ appeals are materially connected in respect of the installation of a tar mixing plant by a Contracting company namely M/s. Cheeran Structurals, who is awarded with a contract by the Public Works Department of the State Government for improvement of a road in Idukki District as per the work order dated 06.06.2019 and a contract agreement dated 27.09.2019, evident from Ext.P1 and P1(a) in W.A. No. 170 of 2021. Therefore, we have heard them together and propose to pass this common judgment.

2. W.A. Nos. 124 and 160 of 2021 arises from W.P.(C) Nos. 774 and 22609 of 2020 filed by third persons against the installation of the tar mixing plant alleging that necessary permits/licences are not secured by the Contractor as per the provisions of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short) and Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules and the Kerala Panchayat Building Rules, 2019 (‘Rules 2019’ for short). Whereas, W.A. No. 170 of 2021 arises from W.P.(C) No. 3846 of 2020 filed by the Contractor seeking a direction to quash a stop memo dated 03.01.2020 issued by the Kavalangad Grama Panchayat directing the Contractor to stop the construction work of tar mixing plant forthwith, to consider Ext. P8 application for building permit, to quash Ext P11 decision No. 20(1) of the General meeting of Kavalangad Grama Panchayat held on 31.01.2020 to stop functioning of the plant and not to grant permission for the installation of the plant, and also seeking further directions directing the Panchayat and the Secretary to accord permission to the petitioner to establish a portable hot mix plant and a shed in the subject site as is sought for in the building permit application.

3. The learned single Judge, after taking into consideration the rival submissions made across the Bar and appreciating the provisions of the Kerala Panchayat Raj Act, 1994, has issued the following directions:

“10. In the result, W.P.(C).No.3846/2020 is allowed. The Secretary of the Panchayat is directed to follow the procedure under Section 233(4). If the Secretary obtains necessary report, as referred to under sub section 4, the Village Panchayat is directed to grant permission as referred to under Section 233(3). The entrepreneur's application for regularisation and approval of layout shall also be taken up for necessary action without any delay. The entire proceedings for granting permission shall be concluded within 30 days. W.P. (C).Nos.774/2020 and 22609/2009 are accordingly dismissed.”

It is, thus, challenging the legality and correctness of the judgment of the learned single Judge, the appeals are preferred.

4. The basic point raised by the appellants is that the Contractor has not submitted any application seeking issuance of any establishment permit under Section 233 of the Act, 1994 and the Rules prescribed thereto which stood amended time and again. It is also the case of the appellants that the tar mixing plant was erected by the Contractor without securing a building permit in contemplation of the provisions of Act, 1994 and the Rules, 2019.

5. It is also the case of the appellants that as per Rules, 2019 in order to install a hot mix plant, the Contractor has to secure a permission as is provided in Rule 68 even if assuming that it is a portable hot mix plant, and so also, the construction of a hot mix plant comes under Group I— hazardous building and therefore, without the permission of the Municipality, no construction can be carried out by the Contractor. However, in utter violation of the provisions of the Rules, 2019, the Contractor has constructed the hot mix plant and attempted to start functioning of the same without securing necessary establishment permit and trade licence in contemplation of Sections 233 and 232 of the Act, 1994 respectively.

6. On the other hand, the learned counsel for the Contractor fairly concedes that by virtue of the provisio