The court mandated the establishment of a feedback mechanism for residents regarding quarrying activities and compliance with safety regulations to prevent environmental harm.

JUDGMENT :

NITIN JAMDAR, C.J.

1. This Public Interest Litigation highlights the absence of ways to inform the authorities when the excavation of hill slopes exceeds the permissible limits posing threat of slope destabilization.

2. The Petitioners are residents of Chelannur Panchayath, Kozhikode. The Respondents are the District Collector, Revenue Officers, District Geologist, National Highway Authority of India, the Kerala State Pollution Control Board, and the contractor engaged by the National Highway Authority.

3. The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides. The excavation carried out on the hill has affected an area having more than 100 residents with schools and temples nearby and also polluting the river. The District Geologist visited the site and submitted a report stating that the conditions of the quarrying permit were violated. The Geologist submitted a report on 4 December 2024 cautioning that there is now a high possibility of the bund falling down during heavy rains and flooding the nearby roads and houses. The Petitioners filed this petition seeking directions to immediately halt the unscientific excavation of excessive soil and to implement adequate safety measures, including slope stabilization, to prevent further harm to the residents.

4. When the petition came up on board on 18 December 2024, considering the communication of the Geologist to the District Collector, the responsibility was placed on the District Collector to ensure that there is no breach of legal provisions and permissions, and if so, to take necessary action. Thereafter, as per the order dated 4 February 2025, a memo along with the report of the District Collector was filed stating that, based on the communication from the Geologist, necessary steps were being taken to ensure that the quarrying activities are within the permissible limits. As regards the unscientific and excessive extraction of soil, it was noted that continuous monitoring would be required to ensure that the licence holders do not exceed the quarrying activities beyond the permit granted to them. It is placed on record that the complaints of the Petitioners were addressed, and the necessary precautionary measures were implemented under the supervision of the Engineers.

5. These steps were taken by the authorities after the damage had taken place. Had the authorities taken the action in time, the damage could have been avoided. Therefore, the issue arose for consideration is the feedback mechanism for the residents in cases of urgency. The Petitioners pointed out that when the hill cutting or excavation for roads takes place on hill slopes, residents of the area, in case of emergency, do not have any authority to contact as any delay will be fatal. On this point, the State of Kerala, the Ministry of Environment, Forest and Climate Change, and the Kerala State Pollution Control Board were directed to address the Court on the onsite monitoring mechanism and the means of giving complaints by the local residents and the measures for immediate intervention by the authorities.

6. Rule 10(i) of the Kerala Minor Mineral Concession Rules, 2015 (Rules of 2015) prescribes putting up a board with contact details and that refers to the conditions on which the quarrying permits shall be granted. Rule 10(i) of the Rules of 2015 reads as under:

“10. Conditions on which quarrying permit shall be granted.-- Every quarrying permit, except for ordinary earth, under Rule 9 shall be granted subject to the following conditions, namely:-

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(i) (i). The permit holder shall erect a notice board in Malayalam at a prominent place with a minimum size of 1 metre X 1.5 metres in a metallic board near to the entrance of the quarry to t