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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Nitin Jamdar, CJ, S. Manu, J
Malayalapuzha Grama Panchayat – Appellant
Versus
Ajikumar N. S/o Sukumaran – Respondent
| Table of Content |
|---|
| 1. this case involves ongoing litigation regarding quarry permissions. (Para 1 , 2) |
| 2. the necessity of applying under section 233 of the act for quarry operations. (Para 3 , 4) |
| 3. the respondent is willing to apply for permission under section 233. (Para 5 , 6) |
| 4. legal considerations and definitions concerning permit requirements. (Para 7 , 8) |
| 5. timetable for application processing and judgment disposal. (Para 9 , 10) |
JUDGMENT :
NITIN JAMDAR, C.J.
1. Heard Mr.K.shaj, learned counsel for the Appellants - Panchayat and Mr.S.Sreekumar, learned Senior Advocate for Respondent No.1 – Original Petitioner.
2. A perusal of the record proceedings would show that this is around the fourth round of litigation surrounding the permissions to be granted by the Appellant – Panchayat to the Respondent – Original Petitioner for conducting quarrying operations. In each successive round, grounds taken by the Appellant–Panchayat have either been negatived, or the matter has been remanded for reconsideration. Ultimately, the last round has resulted in Ext.P16 document, where three grounds have been taken for rejection, which reads thus:
(i) Petitioner has not obtained an establishment permit u
Statutory compliance under Section 233 of the Kerala Panchayat Raj Act is essential for quarrying applications, notwithstanding any claimed exemption for portable drilling machines.
The Village Panchayat cannot deny permit applications after the statutory period; any rejection must follow due process under the Kerala Panchayat Raj Act.
The Panchayat cannot deny permits when all necessary licenses are obtained, as established by previous judgments.
A license application is deemed granted if not decided within the statutory period, ensuring compliance with the Kerala Panchayat Raj Act, 1994.
The main legal point established in the judgment is the obligation of Panchayats to grant permissions and licenses in accordance with relevant legal provisions, and the requirement for expert opinion....
Panchayats cannot override clearances from specialised statutory bodies like SEIAA and Pollution Control Board on quarrying permits.
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.
Court upheld the petitioner's right to a quarrying license under specific provisions of the Kerala Panchayat Raj Act, rejecting prior objections.
Environmental law requires a balance between local industrial operations and the protection of community health and safety, mandating strict compliance with regulatory standards.
The court upheld the Secretary's authority to grant building permits under the Kerala Panchayat Raj Act, emphasizing that government intervention and expert assessments are crucial for ensuring compl....
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