The court reinforced that temporary government projects serving public interest may not require standard permits if they comply with specific environmental regulations.

JUDGMENT

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Dated this the 23rd day of September, 2021

[WP(C) Nos.3324 & 7554 of 2021]

The petitioner in WP(C) No.3324/2021 is a permanent resident of Ward No.10 of Ambalapuzha South Panchayat. The petitioners in WP(C) No.7554/2021 are Moodampadi Residents Association and three residents of Komana in Ambalapuzha.

2. The writ petitions are filed seeking to declare that the Ready Mix Plant or the activities conducted under the cover of Kerala Irrigation Infrastructure Development Corporation by 6th and 7th respondents at the area in the Ward No.10 of Ambalapuzha South Panchayat at Komana requires all licences, permit etc under the Kerala Panchayat Raj Act, 1994 , Environmental Laws and all other relevant laws. Certain consequential and incidental reliefs are also sought for in the writ petitions. The respondents and exhibits are referred to in this judgment in the order they are arrayed/marked in WP(C) No.7554 of 2021.

3. The petitioners state that the Ward No.10 of Ambalapuzha is a thickly populated residential area. Petitioners 2 to 4 in WP(C) No. 7554/2021 are senior citizens suffering from ailments like Gastroenterological disease, heart disease, Asma etc. The 6th respondent-Construction Company established a Cement Ready Mix Plant in the Ward. It is a highly polluting industry falling in Red Category. The local residents filed a mass petition to the Panchayat authorities to take steps to stop the activities of the Plant. The Panchayat has not taken any steps in that regard.

4. No permit is granted to the Plant, under the Kerala Panchayat Raj Act, 1994 . No licences or Consent were obtained by the 6th respondent, under various statutes. Ext.P2 lawyer notice was sent to the 1st respondent-Panchayat. On an RTI enquiry, the petitioners learnt that the RCCL Plant has obtained an establishment permission from the 2nd respondent-Environmental Engineer, Kerala Pollution Control Board. The 6th and 7th respondents have been misusing a Railway Road and damaging it, plying heavy duty vehicles carrying heavy machinery. The petitioners again submitted Ext.P6 complaint to the Panchayat. The Panchayat authorities have taken a stand that the work being carried out by the 6th respondent is one related to Kerala Irrigation Infrastructure Development Corporation and it does not require any permit or licence under the .

5. The learned counsel for the petitioners argued that the running of a highly polluting industry in a densely populated area offends the fundamental rights guaranteed to the petitioners under Articles 14, 19(e) and 21 of the Constitution of India. The purpose of the Cement Ready Mix Plant is said to be for facilitating Groynes construction at sea shore. The Plant at Ambalapuzha has not even a remote connection with the activity of Groynes construction. Consent from the Pollution Control Board was obtained by the 6th respondent suppressing material facts. No Environmental Impact Assessment was made before issuing Consent of the Pollution Control Board. The learned counsel for the petitioners further argued that Sections 232 and 233 of the Kerala Panchayat Raj Act stand violated by the 6th respondent. Under Section 233A, the 1st respondent is bound to issue Stop Memo on the 6th respondent. Section 10 of the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019 cannot abrogate the power of the Panchayat under Section 233A of the Kerala Panchayat Raj Act, 1994 . Respondents 3 to 5 have a duty to ensure that the Railway Road is in good condition and is not damaged by the activities of the 6th respondent.

6. The 1st respondent filed a counter affidavit in the writ petition. The 1st respondent submitted that the 6th respondent awarded a work of installation of Groynes along the seashore in Ambalapuzha, by the Kerala Irrigation Infrastructure Development Corporation. Sea erosion is high and serious in this area. As the Ambalapuzha South Panchayat is in the middle of the areas where Groynes are to be laid, the 6t