Point of law: Fact that Rule 103(3)(b) of the Explosive Rules, 2008 has dispensed with public notice and hearing, would not oust the power of the authority to examine public complaints received against the grant of NOC.

JUDGMENT :

In this writ petition, the petitioner challenges Ext.P10 to the extent it denies Explosive Licence as prayed for in Ext.P4, seeks to quash Ext.P15 and to direct the respondents to consider and dispose of Ext.P4 application in accordance with law.

2. The Mining and Geology Department issued Ext.P1 Letter of Intent to the petitioner for conducting quarrying operations for extraction of granite stones from 0.7762 Hectares of land in Bheemanadi Village of Vellarikundy Taluk in Kasaragod District. Ext.P2 Environmental Clearance also has been issued to the petitioner. The Pollution Control Board has issued Ext.P3 Consent to Operate.

3. To operate quarry, the petitioner requires Explosive Licence and hence submitted Ext.P4 application for NOC from the District Magistrate under Rule 113 of the Explosive Rules, 2008. No public hearing is required for issuing NOC in view of Rule 103(3)(b). The 1st respondent-Additional District Magistrate sought reports from various authorities.

4. The Senior Geologist gave Ext.P6 Reply stating that the grant of NOC for issuing Explosive licence does not fall under his jurisdiction. The Regional Fire Officer gave Ext.P7 Report stating that NOC can be issued to the petitioner subject to conditions. The Secretary to Grama Panchayat sent Ext.P8 report stating that they have received a revised site plan and that one George Kuthukkallingal has filed complaint requesting not to issue NOC. After considering relevant aspects, the Sub Collector sent Ext.P9 letter to the District Collector recommending grant of NOC.

5. The District Police Chief, however, issued Ext.P10 letter to the effect that the proposed quarry may endanger the vehicles, travellers and pedestrians using the Cheemeni-Odakolly PWD Road. In the Site Inspection Report at Ext.P12, the Additional District Magistrate, Kasaragod observed that the District Police Chief has reported that the quarry will be a threat to vehicles/passengers/pedestrians using the PWD Road, that it may affect the environment adversely and that there is Maoist-Terrorist threat in Chittarikkal Police Station area.

6. The Additional District Magistrate finally passed Ext.P15 order rejecting the application for NOC for Explosive licence on the ground that the proposed quarry will affect an Anganwadi and the Ambedkar Colony, that the Cheemeni-Odakolly PWD Road is precariously near to the site and that there is Maoist-Terrorists threat in the area.

7. The 1st respondent filed a statement dated 26.02.2021 and resisted the writ petition. The 1st respondent stated as follows :

“It is further submitted that site inspection was conducted on 06.03.2020. During the site inspection it is observed that objection petitioner's house is 200 meters away from the proposed site and house of one Sri. Ravi is seen 100 meters away from the proposed quarry. Moreover one Anganwadi and Ambedkar colony consisting 50 families are situated 250 meters away from the proposed site. Cheemeni – Odakolli PWD road is passing south to the proposed quarry. Based on the observations made it the site inspection, a letter was sent to the State Environment Impact Assessment Authority, Thiruvananthapuram requesting to submit a detailed report on environmental impact. The State Environmental Impact Assessing Authority reported that they have no jurisdiction for issuing Environmental Clearance Certification. The District Magistrate the Additional Magistrate are the authority for issuing No Objection Certificate for Explosive Licence. It was requested with the State Environment Impact Assessment Authority, Thiruvananthapuram for reporting environmental impact for considering the application. NOC cannot be issued without proper enquiry. In case the NOC is issued without properly assessing the environment impact and the Law and Order situations it will effect the life and safety of public and the loss the Government may suffer might be far bigger. The first and foremost consideration is for the safety of the citizens bo