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C. JAYACHANDRAN
Rajesh K – Appellant
Versus
District Geologist, Department Of Mining And Geology – Respondent
JUDGMENT :
Petitioner is the owner in possession of landed property having an extent of 51.19 Ares. The petitioner stands in need of digging a pond therein for agricultural activities. The same involves extraction of granite. According to the petitioner, the granite is intended to be used for constructing the boundary walls of the pond. At any rate, the same is not required to be transported outside the premises. According to the petitioner, his activity will fall under Rule 106 of the Kerala Minor Mineral Concession Rules, 2015, which only speaks of an intimation to the competent authority. However, a stop memo has been issued, vide Ext.P4 treating the activity as one coming within Rule 104 of the Rules afore referred. The short issue, which falls for consideration is whether Rule 104 or 106 applies to the fact situation herein.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of the respondents.
3. Learned Counsel for the petitioner would submit that, the purpose specified for extraction of granite is the construction of a pond. The specific case espoused by the petitioner is that the granite to be excavated will be used for cons
Rule 106 of the Kerala Minor Mineral Concession Rules exempts the need for obtaining quarrying permit/lease for extraction of minor minerals for special purposes, and only requires intimation to the ....
The court upheld the Geologist's order limiting excavation to a specified area, emphasizing compliance with safety regulations and the need to prevent unauthorized blasting operations.
It is also clear from Rule 104 of Rules, 2015 that the NOC can be granted by RDO only if it is It is also clear from Rule 104 of Rules, 2015 that the NOC can be granted by RDO only if it is for a le....
The exemption under Rule 14(2) of the Kerala Minor Mineral Concession Rules applies solely to the landowner, dismissing any extraction by a non-owner.
The court mandates timely consideration of No Objection Certificate applications as per the provisions of the Kerala Minor Mineral Concession Rules.
The court ruled that excavation of earth beyond permitted areas incurs penalties under Rule 14(4) of the Kerala Minor Mineral Concession Rules, affirming strict adherence to approved building plans.
The court emphasized that Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, contemplates construction of buildings and is not confined to construction and digging of foundations for buil....
The non-obstante clause in Rule 106(5) of the KMMC Rules prevails over the requirement for NOC under Rule 104, allowing for the transportation of clay without the need for NOC, provided identity card....
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