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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
MANU M – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
JUDGMENT :
C. JAYACHANDRAN, J.
The writ petition first above referred is preferred by the petitioners, who are residing near to 90 cents of land which belongs to respondents 3 to 5. Respondents 3 and 4 are husband and wife and the 5th respondent, their son. Respondents 3 to 5 have obtained a building permit from the 2nd respondent - Panchayat for construction of an additional residence in the said 90 cents of land. As per Rule 106 of the Kerala Minor Mineral Concession Rules, 2015, respondents 3 to 5 are not in need of any specific permit, which fact is decipherable from the document issued by the Geologist, produced at Ext.P4 in the connected Writ Petition (Civil) No.13138 of 2024.
2. The grievance of the petitioners in the first writ petition is that under the guise of excavation of rock by using chemicals, respondents 3 to 5 are conducting blasting operations in the said 90 cents of land, which had caused damage to the residential building of the petitioners, which is located only 10 metres away from the place where blasting takes place. The petitioners preferred Ext.P2 complaint before the 1st respondent-Geologist. An inspection was conducted by the Village Officer concerned, who
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.
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 ....
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 court mandates timely consideration of No Objection Certificate applications as per the provisions of the Kerala Minor Mineral Concession Rules.
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.
Permissible extraction limits must be strictly adhered to as per mining laws; miscalculating these affects the validity of demand notices for illegal extraction of minerals.
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.
The purpose of excavation determines liability for royalty and penalty under Section 48(7) of the MLR Code, 1966, and excavation of ordinary earth for construction purposes does not attract royalty a....
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