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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, BASANT BALAJI
Pradeep Kumar P. S/o Kandan Master – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
NITIN JAMDAR, C.J.
1. This Public Interest Litigation highlights the absence of ways to inform the authorities when the excavation of hill slopes exceeds the permissible limits posing threat of slope destabilization.
2. The Petitioners are residents of Chelannur Panchayath, Kozhikode. The Respondents are the District Collector, Revenue Officers, District Geologist, National Highway Authority of India, the Kerala State Pollution Control Board, and the contractor engaged by the National Highway Authority.
3. The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides. The excavation carried out on the hill has affected an area having more than 100 residents with schools and temples nearby and also polluting the river. The District Geologist visited the site and submitted a report stating that the conditions of the quarrying permit were violated. The Geologist submitted a report on 4 December 2024 cautioning that there
The court mandated the establishment of a feedback mechanism for residents regarding quarrying activities and compliance with safety regulations to prevent environmental harm.
(1) Safety of National Highways – Removal of unauthorised occupation – It is obligation of Central Government to maintain National Highways – Maintenance of highways includes obligation to keep them ....
The court confirmed that local authorities must ensure compliance with safety regulations when issuing permissions for quarrying operations, and can revoke them upon public complaints about safety vi....
Adherence to the principles of natural justice is essential for orders passed by public authorities.
Administrative authorities must adhere to assessment requirements before granting permissions for resource extraction.
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