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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
Bhargavan Pillai S/o Krishna Kurup – Appellant
Versus
District Geologist, Department of Mining and Geology – Respondent
| Table of Content |
|---|
| 1. petitioner's concerns over excavation impact. (Para 1) |
| 2. 7th respondent's defense for quarrying permit. (Para 2) |
| 3. judicial interpretation of environmental clearance requirements. (Para 3 , 4 , 5 , 6 , 7) |
| 4. impact of supreme court's clarificatory order. (Para 8 , 9 , 10) |
| 5. clarificatory order's applicability to contractors. (Para 11 , 12) |
| 6. need for clarity on excavation requirements. (Para 13 , 14) |
| 7. final ruling against 7th respondent's quarrying permit. (Para 15 , 16) |
JUDGMENT :
C. JAYACHANDRAN, J.
1. The petitioners, 3 in number, are residing in and around 'Erichurili Mala', a hillock at Kurumbala Village, Pathanamthitta. They are apprehensive of the large scale excavation of earth from the said hillock by the 7th respondent, who purchased that land recently. The excavation apprehended is in connection with the construction of Kottukulangara to Kollam highway bypass. Ext.P1 is a mass petition given to the Director of Mining. Ext.P2 is the quarrying permit issued to the 7th respondent permitting excavation and removal of ordinary earth from 43.20 Ares of land in Erichurili Mala. Although environmental clearance is mandatory, the 2nd respondent State Environmental
Permits for quarrying activities require mandatory environmental clearance; failure to obtain such clearance renders the permits illegal.
The court ruled that quarrying permits issued without valid Environmental Clearance are invalid, emphasizing that all excavation activities must comply with Environmental Protection Act requirements.
Court clarifies that concessionaires under valid Work Orders prior to a specific date are exempt from needing Environmental Clearance for certain operations.
The court asserts that parties with valid permits cannot be obstructed in carrying out their activities, pending legitimate legal challenges from opposing parties.
Railway contractors excavating soil from external borrow areas for projects require prior environmental clearance; exemption under Railways Act Section 11 applies only to railway administration, not ....
Claims of past violations cannot invalidate legal operations; the court permits continuation of quarrying under current approvals and emphasizes lawful compliance.
The main legal point established in the judgment is that the exemption granted for the removal of ordinary earth for linear projects was found to be arbitrary and violative of Article 14 of the Const....
Issuance of e-tender notices after commencement of the lease period were not sustainable in law especially when they were issued without seeking environmental clearance from the Ministry of Environme....
It is a well settled principle that once a final order is passed, all earlier interim orders merge into final order, and interim orders cease to exist.
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