Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Senso V. Scaria, S/o. Scaria – Appellant
Versus
Manjalloor Grama Panchayat, Manjalloor P.O., Muvattupuzha, Represented By Its Secretary – Respondent
JUDGMENT :
W.P.(C)No.29170 of 2022
The above writ petition is filed seeking a direction to the 2nd respondent to see that the functioning of the quarry of the 3rd 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 3rd 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 3rd 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 3rd 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 2nd respondent to consider Ext.P1 complaint preferred before the respondent Panchayat, in accordance with law. Pursuant to Ext.P3 judgment, Ext.P4 proceeding was issue
Environmental law requires a balance between local industrial operations and the protection of community health and safety, mandating strict compliance with regulatory standards.
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.
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
The main legal point established in the judgment is that the authorities followed due process and considered environmental impact and statutory requirements before granting permits and clearances for....
Panchayats cannot override clearances from specialised statutory bodies like SEIAA and Pollution Control Board on quarrying permits.
Quarry license - Powers, functions and the rights of Grama Sabha - beneficiary schemes and developmental programs, the Act, 1994 does not empower the Grama Sabhas to interfere with or dabble in the s....
The court established the application of the deeming provision for license renewal and clarified the legal requirements for renewal, addressing the interference by the Panchayat Committee and the nec....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
