The court upheld that the extraction of minerals for residential construction is exempt from quarrying permits under specific conditions outlined in Rule 106 of the Kerala Minor Mineral Concession Rules, 2015.

JUDGMENT

The prayer in this writ petition is for a direction to the 2nd respondent to grant no-objection certificate to the petitioner for removal of granite rocks from 10 cents of land in Sy.No.95/1 in Block No.15 in Naranganam Village of Kozhencherry Taluk for construction of his house. The petitioner submits that in view of the provisions of Rule 106 of the Kerala Minor Mineral Concession Rules, 2015 the petitioner is entitled to exemption from obtaining quarrying permit or lease for extraction of granite rocks since such extraction is inevitable for construction of residential house in the property. The petitioner also states that the extraction is being conducted in the petitioner's property having extent of 16.8 Ares and consent is being withheld only on the ground that the Pollution Control Board had raised an objection that quarrying operations cannot be permitted within 100ms from the residential buildings, public buildings, places of worship etc.

2. It is submitted by the learned counsel appearing for the

4th respondent that there is restriction on sound levels generated while extraction is carried out as well. It is stated that the public road in front of the petitioner's property is within a distance of 13ms from the petitioner's property and therefore no quarrying lease can be granted. It is clear from a reading of Rule 106 of the Kerala Minor Mineral Concession Rules, 2015 that where construction of a minor mineral is as a part of the work for construction of residential building, the person doing such work can be exempted from obtaining quarrying permit/lease. Rule 106 of the Kerala Minor Mineral Concession Rules, 2015 reads as follows:-

“106. Extraction of minerals for special purposes.-- (1) In any case or class of cases such as construction of common facilities or residential building where extraction of minor mineral is inevitable as a part of the work, the person doing such work may be exempted from obtaining quarrying permit/lease under these rules:

Provided that before extraction of minor minerals, the person concerned shall intimate the competent authority his intention to carry out the works to be performed and shall furnish necessary documents as required by the competent authority in this regard. If the extracted mineral is to be transported outside the worksite, the competent authority may issue special mineral transit passes after collecting the royalty.”

3. In the above circumstances, the contention raised by the respondents 2 and 4 to the effect that the distance of 100ms is to be maintained from the public road in front of the petitioner's property may not hold good in the facts and circumstances of the instant case. On the production of necessary documents and on submission of the application before the authorised officer, the petitioner is entitled to be granted permission for carrying out the necessary excavation of rocks in 10 cents of property for construction of residential building without reference to the distance limit from the public road as provided in the circulars. This is more so, since exemption from possession of quarrying lease/licence is contemplated for residential purposes under the Rules.

In the above circumstances, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's request for no-objection certificate as sought by the petitioner for removal of granite rock from 10 cents of property for construction of a residential house. In case the blasting operation, as found necessary, carried out in the property creates any sound or other pollution, the 4th respondent will be free to take action, in accordance with law.

Anu Sivaraman, Judge

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