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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Karuvakunnel Enterprises – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. various writ petitions regarding quarrying noc (Para 2 , 3 , 4 , 5 , 6) |
| 2. judicial considerations for noc validity and government discretion (Para 10) |
| 3. legal requirements for noc issuance in mining (Para 11 , 12 , 13) |
| 4. government's protective stance on vagamon's environment (Para 15 , 16) |
| 5. banning mining operation in vagamon (Para 17) |
JUDGMENT :
1. Since common issues are involved in these writ petitions, they were heard and disposed of by a common judgment.
2. The above writ petition is filed seeking a direction commanding the 2nd respondent District Collector to issue a No Objection Certificate (NOC) to the petitioner in respect of 8.2 hectares of Government puramboke for quarrying operation, which is comprised in Sy.No.729, part of Vagamon Village, Peerumedu Taluk, Idukki District, on the request made as per Ext.P2 application. The petitioner has also sought for a direction not to grant NOC to the 5th respondent on the basis of Ext.P7 application submitted by the 5th respondent. The contention of the petitioner is that the petitioner submitted Ext.P1 application for the issuance of an NOC for quarrying lease in respect of 5 hectares of land. Later, Ext.P2 was
Government must ensure transparency in issuing NOCs for quarrying, respecting the public trust doctrine and prioritizing environmental sustainability over economic gains.
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
The court affirmed that the issuance of a No Objection Certificate for quarry lease was valid as the petitioners had no title over the disputed land, emphasizing adherence to established guidelines.
Act provides for checking encroachment and eviction of encroachment in tanks which are under control and management of Public Works Department
Point of law: Right to clean environment is a guaranteed fundamental right. Various courts, particularly the superior courts in India are vested with wide powers, especially in terms of Articles 32 a....
Point of law : Right of quarrying - Under sub-rule (1) of Rule 32, it is provided no person in possession of patta lands in Karnataka State shall undertake quarrying operations in his land for minor ....
The main legal point established in the judgment is that the authorities followed due process and considered environmental impact and statutory requirements before granting permits and clearances for....
Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definition....
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