Point of Law: Rule 67(2) provides that for review of Mining Plan, owner of a quarry shall submit a Scheme of Mining for next five years of lease, 120 days before expiry of first five year period.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner-Company, which holds a Quarrying Lease, seeks a declaration that the petitioner is liable to submit Scheme of Mining only 120 days before the expiry of five years reckoning from 26.07.2018 and to direct the respondents not to insist for submission of Scheme of Mining before the due date granted in terms of Ext.P9.

2. The petitioner was originally granted three Quarrying Leases for a total extent of 6.8869 Hectares of land in Erimayur-1 Village, Alathur Taluk in Palakkad District. The petitioner was issued with three approved Mining Plans on 07.06.2017, after the introduction of the Kerala Minor Mineral Concession Rules, 2015. The three plots were lying contiguously. The petitioner submitted application for amalgamation and the Director, Mining and Geology issued proceedings dated 30.04.2019 ordering amalgamation of the three leases. The petitioner thereupon submitted a composite Mining Plan.

3. The Environmental Clearance (EC) was issued to the petitioner on 05.12.2014 with validity up to 04.12.2019. Since the validity of EC was for a period less than the Project Life of the Mine which is 18 years, the petitioner approached this Court and this Court directed the SEIAA to revalidate the EC. While so, the Ministry of Environment, Forest and Climate Change, Government of India issued SO No. 1807(E) dated 12.04.2022 whereby the validity of EC of the petitioner stood extended up to the mine life/project life.

4. In spite of the extension of validity of the EC, the petitioner was not issued with Transit Passes/Movement Permits. The petitioner filed W.P. (C) No. 18517 of 2022 and this Court passed Ext.P6 interim order dated 13.06.2022 directing the Geologist to issue Transit Passes/Movement Permits to the petitioner pending disposal of the writ petition. Thereafter, the Geologist, as per Ext.P7 order, decided to issue Movement Permits/Transit Passes.

5. When the petitioner attempted to make online application for Movement Permit through the Departmental Portal KOMPAS, access was denied to the petitioner on the ground that no Scheme of Mining is found for the year 2022-2023. The petitioner states that he had submitted three separate Mining Plans in 2017 and after amalgamation of three Mines, the petitioner had submitted fresh composite Mining Plan which was approved on 28.02.2018.

6. As per Rule 67 of the Kerala Minor Mineral Concession Rules, 2015, the petitioner has to submit a Scheme of Mining only 120 days before the expiry of the first five year period for which the Mining Plan was approved on the last occasion. Therefore, the approved Mining Plan of the petitioner is due for review only by 27.02.2023. The petitioner is legally required to submit a review plan only by 27.10.2022, i.e. 120 days before the expiry of the period, contends the petitioner.

7. The Senior Government Pleader resisted the writ petition. On behalf of the 1st respondent, the Senior Government Pleader submitted that on perusal of the records, it was found that Mining Plan was approved in respect of the quarrying lease on 28.02.2018 and movement permits were issued during the financial year 2017-18. Financial year 2017-18 has to be considered as the first year. By 2021-22, the 5th year is completed. Since the period of five years is complete, a Scheme of Mining has to be submitted by the petitioner afresh.

8. The impugned direction is perfectly in tune with the provisions of the Minor and Minerals (Development and Regulation) Act, 1957 (hereinafter ‘the Act’) and the rules made thereunder, contended the Government Pleader. The term ‘year’ has not been defined in the Kerala Minor Mineral Concession Rules, 2015. As per Rule 2(2), words and expressions used but not defined in the rules and defined in the Act shall have the meanings respectively assigned to them in the Act and the rules made thereunder. The term ‘year’ is not defined in the Act. However, it is defined in Mineral Conservation and Development Rules, 2017. Rule 2(z