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M. V. Joy – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Bechu Kurian Thomas, J.
1. The functioning of a metal crusher unit situated on the adjacent property of the petitioner is questioned in this writ petition. Petitioner challenges Ext.P33 order of the Tribunal for Local Self-Government Institutions, declining to interfere with the licence granted to conduct the aforesaid metal crusher and has also sought a declaration that the said establishment is not entitled to get a licence.
2. Petitioner resides adjacent to a metal crusher unit named 'M/s.Robust Granites' presently conducted by the seventh respondent. According to the petitioner, the said industry was started in 1993 by one Sri. Najeeb with a limited capacity of 40HP motor, that too as a secondary metal crusher unit. Petitioner alleges that after the establishment was sold to the eighth respondent, he applied for a building permit as per Ext.P2 dated 28-05-2008, for construction of a building for installing a primary crusher unit of 45 HP in Survey No. 439/5 of Kizhakkambalam Village. The said application was forwarded to the Chief Town Planner (for short 'CTP') who granted approval as per Ext.P9 on 15.10.2010 for the layout and usage with the condition to provide a 7-me
The absence of a valid layout approval and required access width renders the operation of a metal crusher unit illegal, necessitating the cancellation of its licence.
Building permits and licenses for operational units must be evaluated based on contemporary regulations, and allegations of unauthorized construction require substantial evidence to alter compliance ....
Validity of permits for operating a metal crusher unit under relevant local government laws.
Point of law : Environmental Clearance Certificates issued by DEIAA prior to judgment of National Green Tribunal order are valid as long as they are not subjected to successful challenge.
Community objections must be substantiated to challenge permissions for industrial establishments under local laws.
Licenses issued by authorities for operating a metal crusher unit are valid when necessary clearances are obtained, and claims of natural justice violations are unfounded if the petitioner was heard.
Regularization applications must be considered with due process to ensure compliance with local laws regarding building operations.
The court established that compliance with mining and environmental regulations is essential, and local grievances about noise and dust do not invalidate legal operations as long as relevant consents....
The court established the application of the deeming provision for license renewal and clarified the legal requirements for renewal, addressing the interference by the Panchayat Committee and the nec....
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