The exemption under Rule 14(2) of the Kerala Minor Mineral Concession Rules applies solely to the landowner, dismissing any extraction by a non-owner.

JUDGMENT The petitioner approached this Court seeking a direction to consider Ext.P7 application for transit permit to remove ordinary earth. Learned counsel relied on the exemption under Rule 14 (2) of the Kerala Minor Mineral Concession Rules , 2015.

2. Learned Government Pleader would point out that Rule 14 cannot be pressed into service in a case, where the petitioner seeks to extract ordinary earth from his friend’s property. Going by Rule 14 (2), only the owner of the land can obtain a prior valid building permit and the exemption contemplates only filling of earth from his own land.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court finds merits in the submission made by the learned Government Pleader. Rule 14 (2) of the Kerala Minor Mineral Concession Rules , 2015 is extracted hereunder:

“14. Quarrying Permit for Ordinary earth.--(1)xxxxxx [(2)“Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for the extraction of ordinary earth in connection with the construction and digging of foundations for building that do not require environmental clearance under the Environment (Protection) Act, 1986 (Central Act 29 of 1986), if the owner of the land obtained a prior valid building permit from the Local Self Government authorities concerned. In cases where levelling of land involve extraction and transportation of ordinary earth outside the property, authorities who grant building permit under the Kerala Panchayat Building Rules, 2019 and Kerala Municipality Building Rules, 2019, shall ensure that following particulars are provided in the plans submitted by the applicant, namely:-

a. precise area proposed for extraction of ordinary earth with demarcation details is provided and that such precise area does not exceed the sum of plinth area of ground floor, the open space around the building as per Building Rules, and the space required for implementing safety provisions, including the driveway.”

b. xxxxxxx c. xxxxxxxx d. xxxxxxx

4. Rule 14 (2) is preceded by Rule 14 (1) which mandates that the quarrying permit is required for extraction and transportation of ordinary earth for filling or levelling purposes, in construction of embankments, roads, railways or buildings. Rule 14 (2) is an exemption to the above Rule, wherein no quarrying permit will be required for extraction of ordinary earth in connection with the construction and digging of foundations for building that do not require environmental clearance, provided the owner of the land had obtained a prior valid building permit from the Local Self Government authority concerned.

5. It is clear from the above that the extraction contemplated is from the property of the owner of the land, who had obtained a prior valid building permit. Now, the transportation of ordinary earth contemplated in the second part of Rule 14 (2) outside the property, which obviously means the property of the owner, is in a situation where there is excess quantity of ordinary earth, after using the same for the purpose of filling up. This is clear from Rule

14(2)(c).

6. In the instant case, the petitioner is not seeking to extract soil from his property, but from his friend’s property, which will not be covered and governed by Rule 14 (2). Petitioner will have to obtain necessary permit in terms of Rule 14 (1) of the Kerala Minor Mineral Concession Rules , 2015.

In these circumstances, this court finds that a direction to consider the petitioner’s application, as sought for, will not be of any consequence. This Writ Petition will stand dismissed. However, the liberty of the petitioner to seek necessary permit in terms of Rule 14 (1) will stand reserved.