Environmental law requires a balance between local industrial operations and the protection of community health and safety, mandating strict compliance with regulatory standards.

JUDGMENT :

W.P.(C)No.29170 of 2022

The above writ petition is filed seeking a direction to the 2^nd respondent to see that the functioning of the quarry of the 3^rd respondent is stopped forthwith. The petitioners have also sought to quash Ext.P9 to the extent it delegated the duty of maintenance of public road to the 3^rd respondent.

2. The petitioners have approached this Court aggrieved by the pollution and nuisance caused due to the operation of a granite quarry, near to the residential houses, agricultural land and drinking water sources and also regarding the damage to the road, by the 3^rd respondent. The grievance raised is that the local people are not in a position to live in their houses, continue agricultural operations and travel through the Panchayath road due to the functioning of the quarry run by the 3^rd respondent. Complaints were filed as evident from Ext.P1. Alleging inaction, the petitioners have approached this Court filing W.P.(C)No.24930 of 2022, which was disposed of by Ext.P3 judgment directing the 2^nd respondent to consider Ext.P1 complaint preferred before the respondent Panchayat, in accordance with law. Pursuant to Ext.P3 judgment, Ext.P4 proceeding was issued by the 2^nd respondent in the style of submitting a report before this Court. Later by Ext.P13, the respondent Panchayat issued a stop memo regarding the functioning of the quarry run by the 3^rd respondent. In order to prove the damage caused to the house due to the functioning of the quarry run by the 3^rd respondent and the pollution caused to the drinking water resources, Ext.P5 to P8 photographs were produced by the petitioners. The further grievance raised by the petitioners is that the public road is damaged due to the running of heavy vehicles to the quarry. When the matter came up for consideration on 06.09.2022 this Court has passed an interim order staying the operation of the quarry run by the 3^rd respondent.

3. A detailed counter affidavit has been filed by the 3^rd respondent, wherein it is stated that this Court as per Ext.P3 judgment, directed the respondent Panchayat to consider the request made by the petitioners and without even waiting for the time limit fixed in the said judgment to expire, they have rushed to this Court raising untenable contentions. It is further stated that as per Ext.R3(a) (Ext.P13 in the writ petition), a stop memo was issued by the 2^nd respondent Panchayat. As regards the damage caused to the road, the 3^rd respondent has expressed his willingness before the Panchayat to maintain the road and enquired that if the Panchayat is having any funding issue they could financially support, but the Panchayat did not take any decision and instead of maintaining the road, issued a stop memo prohibiting the 3^rd respondent from plying the vehicle through the road and thus the 3^rd respondent was constrained to approach this Court and as per Ext.R3(b) judgment the Court directed the respondent Panchayat to consider the request submitted by the 3^rd respondent on his willingness to maintain the road and pursuant to the said direction, Ext.P9 order was issued, whereby the respondent Panchayat entrusted the 3^rd respondent to maintain the road.

4. A detailed counter affidavit has been filed by respondent Nos.1 and 2 essentially supporting the contentions raised by the petitioners. It is contended that the operation of the quarry is causing serious environmental issues and damage to the property of the nearby property owners and the public road is damaged and therefore, the public is finding it difficult to use the same.

5. The Pollution Control Board has filed a report dated 04.04.2023 stating that an inspection was conducted with experts from NIT K- Suratkal and in the inspection it was found that the nearest residence is about 250 metres from the blasting area. The inspection team also verified the crack developed in the nearby houses and the water tank. It is also reported that an Ambient Sound Monitoring was conducted and found