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2016 Supreme(Online)(KER) 11389
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
C R RAJASEKHARAN – Appellant
Versus
K M MATHEW SAJI Advocate -SRI BIJI MATHEW – Respondent
WRIT PETITION (CIVIL) 23387/2015
Quarrying activities necessitate obtaining Environmental Clearance and relevant permits to ensure compliance with environmental and regulatory laws.
Headnote:
Quarrying - Environmental Clearance - Environmental Impact Assessment Notification, Mines and Mineral (Development and Regulation) Act, 1957, Kerala Panchayat Raj Act - The court emphasized the necessity of obtaining Environmental Clearance and relevant permits for quarrying, shaping its decision based on established legal provisions.
Fact of the Case:
The petitioner feared that the 3rd respondent would initiate quarrying near their residence, which the respondent denied, stating he had not started nor intended to start operations without proper licenses.
Finding of the Court:
The court referenced earlier decisions confirming that quarrying requires an Environmental Clearance and adherence to various laws, noting the 3rd respondent's undertaking in the matter.
Issues: Whether the 3rd respondent can carry out quarrying operations without an Environmental Clearance and other necessary permits.
Ratio Decidendi: The requirement of an Environmental Clearance for quarrying operations is a legal prerequisite, as established by previous court rulings.
Final Decision: The writ petition was disposed of based on the respondent's undertaking.
J U D G M E N T
The petitioner apprehended that the 3rd respondent would carry on quarrying operations in the property belonging to the 3rd respondent, near to the petitioner's residence. The 3rd respondent has filed a counter affidavit contending that he has recently purchased the property in Sy.No.62/2 in Koipuram Village, Thiruvalla Taluk, Pathanamthitta District and he never conducted any quarry or crusher operations so far in the said property. It is also stated by the 3rd respondent that he has no intention to start any quarry or crusher unit in Sy.Nos. 62/2 and 62/8 without valid licenses and permits.
2. Suffice it to notice that as of now by the decision reported inAll Kerala River Protection Council v. State of Kerala 015 (2) KLT 78], as confirmed by the Hon'ble Supreme Court in S.L.P No.30103 of 2015, there can be no quarrying operation without an Environmental Clearance (EC). The requirement for EC emanates fromDeepak Kumar v. State of Haryana [ (2012) 4 SCC 629 ] and has been incorporated in the Environmental Impact Assessment Notification No. 2006 (SO 1533EE) dated 14.09.20016 issued by the Ministry of Environment and Forests and Climate Change; by S.O No. 141 (E) dtd. 15.01.2016. Hence no quarrying can be carried out without an EC.
3. Needless to say that the quarrying operations can also be carried out only with proper permits/ licenses/lease under the Mines and Mineral (Development and Regulation ) Act, 1957 (for brevity, KMMDR Act) and the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules) as also a D& O licence under the Kerala Panchayath Raj Act, 1994.
The writ petition would stand disposed of recording the undertaking of the contesting respondent and with the above observations. No costs.
