The court confirmed that statutory exemptions in land use apply to explosive licensing, and the authority could deny renewal on these grounds.

JUDGMENT

The petitioner was conducting a quarry in 34 cents of land comprised in resurvey No.154/2 of Block No.II in Kalpetta village, Vythiry taluk in Wayanad District. The petitioner contends that the quarry was being conducted on the strength of license/consent obtained from the statutory authorities. It is the petitioner's admitted case that the quarrying permit, which was renewed from time to time was valid only up to 9.1.2015. The integrated consent to operate issued by the Kerala State Pollution Control Board was valid till 9.1.2015. The D&O license issued by the Panchayath was valid till 10.6.2015. The short firers' license obtained by the petitioner is valid up to 19.5.2019. The explosive license (Form LE-3), was valid only till 1.3.2013. In spite of the requisite statutory license/consent having expired, the petitioner demand that his challenge against Ext P11 order has to be decided on merits, since it would be possible for him to renew the license/consent once a decision is rendered in this Writ Petition.

2. The facts leading up to the issuance of Ext P11 is as under: On

4.11.2011, the fifth respondent had issued a letter to the second respondent requesting to stop the operation of petitioner's quarry for the reason that it was situated in close proximity with the Rattakolly Forest. Based on the letter, the second respondent caused a stop memo to be issued through the Village Officer. The stop memo was challenged by the petitioner in WP(C) No.2373 of 2012, which culminated in Ext P8 judgment. As is discernible from a reading of Ext P8, the Writ Petition was not decided on merits and on the other hand the Writ Petition was disposed of granting permission to the petitioner to approach the District Collector for modification of the impugned order, in the event of the petitioner being able to obtain all requisite license/consent.

3. Based on the direction contained in Ext P8 judgment, the second respondent considered the petitioner's request for withdrawal of the stop memo and issued Order No.M1/879/2014 dated /12/2014, by which the explosive license granted to the petitioner was cancelled. The aforementioned order of the District Collector was challenged in WP(C) No.834 of 2015, which was decided as per Ext P9 judgment. By Ext P9, this Court permitted the petitioner to approach the Commissioner for Land Revenue by filing an appeal under Section 6F of the Explosives Act , against the order cancelling his license. By Ext P10 order, the Land Revenue Commissioner decided the appeal and remanded the matter to the District Collector for considering the case afresh on the basis of all relevant factors. Thereupon, the District Collector reconsidered the matter and issued Ext P11 order, deciding that the petitioner's Explosive License LE3 License No.15/2011/WYD need not be renewed. In Ext P11 the main reason projected by the second respondent to arrive at the decision not to renew the petitioner's explosives license is that the property in which quarrying operation was being conducted by the petitioner was land exempted under Section 81 (3) (b) of the Kerala Land Reforms Act , on the premise that it is an existing plantation. The proviso to 81(3) (b) of the stipulate that the land referred to clause (b) shall be used for the purpose for which it is intended within such time specified, failing which, the exemption shall ceased to be in force. The District Collector came to the conclusion that conduct of the quarry, in the property which was granted exemption, being a plantation, would attract the proviso to (3) (b) of the and hence, explosive license for the purpose of conducting the quarry in that property cannot be granted.

4. The learned counsel for the petitioner challenged Ext P11 order on the ground that under the Explosives Act and Rules, the District Magistrate/Collector is not endowed with any authority to issue an order in the nature of Ext P11. The power to grant or refuse license is dealt with under Sections 6B & 6