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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, C.J., SYAM KUMAR V.M.
Abdul Lukman A.M – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. common issues surrounding dredging activities. (Para 1 , 2 , 3 , 4) |
| 2. petitioners' arguments against dredging orders legality. (Para 7 , 8) |
| 3. respondents' contentions on legality of dredging. (Para 9) |
| 4. court's assessment of dredged material classification. (Para 11 , 12 , 13) |
| 5. court's observation on environmental considerations for dredging. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. detailed guidelines and conditions for dredging operations. (Para 20 , 21) |
| 7. final ruling on the legality and necessity of dredging. (Para 22) |
JUDGMENT :
Syam Kumar V.M., J.
These Public Interest Litigations raise common questions for consideration and are hence heard and disposed of together.
2. Dredging of rivers and water bodies within the State by the National Highway Authority of India (NHAI) through its agents/concessionaires, and the use of the dredged material for the ongoing construction work on National Highway No.66, free of cost, is the subject matter of these PILs.
3. Petitioners allege that indiscriminate mining of material, including sand from the rivers and water bodies, being carried out by the NHAI/its agents without environmental clearance is illegal and is causing ecologic
The legality of the National Highway Authority's dredging activities was affirmed, emphasizing the need for balance between infrastructure development and environmental protection, with administrativ....
Dredging permissions under disaster management enabling private commercial river bed mineral removal in eco-sensitive zones constitute illegal mining requiring environmental clearance; attracts 10% s....
Dredging/de-silting for linear road projects exempt from prior EC under Appendix-IX Item 7 of MoEF&CC Notification 28.03.2020.
Dredging exemptions do not permit private commercial extraction of river bed minerals in eco-sensitive zones, constituting illegal mining; environmental compensation at 10% sale price mandated under ....
Dredging/de-silting for linear projects exempt from prior Environmental Clearance under Appendix-IX, MoEF&CC Notification 28.03.2020.
The court ruled that dredging permissions granted under the National Waterways Act are valid and preclude challenges from local entities lacking jurisdiction, based on legislative authority regarding....
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.
Environmental protections must be adhered to in public infrastructure projects, especially in ecologically sensitive areas.
In times of disasters, the Disaster Management Act, 2005 will and should override the provisions of other laws, because the Act, 2005 is intended to protect the very life of the citizens, without whi....
The judgment emphasizes the primacy of environmental protection in legal proceedings concerning dredging in ecologically sensitive areas.
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