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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, SYAM KUMAR V.M.
Al-Jouf Blue Metal – Appellant
Versus
Shajimon C. S/o Muhammed – Respondent
| Table of Content |
|---|
| 1. challenge to order and environmental compliance. (Para 1 , 2) |
| 2. arguments against interim restrictions on quarrying. (Para 3 , 5 , 6) |
| 3. court confirms lawful quarrying operations. (Para 4 , 12 , 13) |
| 4. necessary conditions for lawful operation of quarries. (Para 11) |
| 5. final ruling favors operational continuity. (Para 14 , 15) |
JUDGMENT :
SYAM KUMAR V.M., J.
1. This Writ Appeal is filed challenging the order dated 13.10.2025 of the learned Single Judge in W.P.(C) No.23894 of 2025. Appellant was the 9th respondent in the said W.P.(C).
2. The W.P.(C) was filed by the petitioners inter alia challenging the constitutional validity of clause (iv) and proviso to sub-para 1 of para 9 of Ext.P8 notification and Ext.P9 office memorandum. The primary contention put forth was that mere remittance of the royalty or penalty cannot exonerate a project proponent from the rigours of having violated the mining plan and that compounding an offence will not wipe off the impact of violation of the mining plan. An ancillary prayer to cancel Ext.P20 Environmental Clearance granted to the appellant to operate the quarry was also sought insofar as earlier the appellant had been subjected to co
Claims of past violations cannot invalidate legal operations; the court permits continuation of quarrying under current approvals and emphasizes lawful compliance.
Environmental clearance is necessary for mining operations, and validity of permits depends on compliance with regulatory requirements.
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.
Mandatory notice before cancellation of a quarry licence must be properly served to ensure compliance with natural justice principles, or the cancellation is legally void.
Clarification from the Supreme Court regarding Environmental Clearance applicability is binding on concessionaires engaged in quarrying, irrespective of their direct association with NHAI projects.
The court affirmed the right to interim relief for stone removal from a quarry operating outside the Eco-Sensitive Zone, balancing environmental regulations with the entitlement of the quarry owner.
A governmental order lacks retrospective effect unless explicitly stated, impacting procedural compliance in administrative decisions.
The court mandated strict compliance with environmental regulations and established that quarry operations must not resume without verifying adherence to all safety and ecological safeguards.
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