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C. JAYACHANDRAN
Satheesh Joseph, S/o. K. V. Joseph – Appellant
Versus
State of Kerala, Represented by the Secretary, Department of Industries, Secretariat – Respondent
JUDGMENT :
Petitioner approached this Court aggrieved by Ext.P11 order of the 2nd respondent/Geologist, which rejected petitioner's application for issuance of movement permit and transit passes. The rejection was premised on an interpretation to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 (for short 'K.M.M.C. Rules') to the effect that the exemption granted therein applies only to digging of foundation of buildings; and not for construction of building, as such. On such interpretation, the petitioner was required to produce environmental clearance, vide Ext.P11.
2. Heard the learned counsel for the petitioner and the learned Government Pleader on behalf of the respondents.
3. Learned counsel for the petitioner would submit that, the petitioner wants to construct six residential villas in the subject property having an extent of one hectare. Harping upon Rule 14(2) of the K.M.M.C. Rules, petitioner applied for movement permit and transit passes, on the premise that, no quarrying permit is required. Learned counsel would submit that, the language employed in Rule 14(2) is “extraction of ordinary earth in connection with the construction and digging of foundation for b
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 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 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.
Point of Law : Application for development/building permits - No person shall develop or redevelop any parcel of land by subdividing into plots or cause to be done without first obtaining a permit fo....
The Geologist must adhere to the provisions of Rule 14 of the Kerala Minor Mineral Concession Rules and cannot impose additional restrictions beyond what is specified in the rule.
Point of law: Though R.14(1) of the Kerala Minor Minerals Concessions Rules, 2015 require a quarrying permit for extraction of ordinary earth, R.14(2) provides that, a quarrying permit is not require....
Minor Mineral Concession Rules do not seem to explicitly provide for the documents to be submitted for issuance of transit passes in cases where the Building Rules do not provide for issuance of a De....
Transit passes cannot be denied based on mere apprehensions regarding construction compliance; appropriate actions can be taken for violations post-issuance.
The main legal point established in the judgment is that the executive instruction requiring the submission of an environmental clearance certificate for a quarry permit was contrary to the provision....
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