Sunday, June 28, 2015

Read Judgment Here - Mining permit not required to remove earth if building permit is valid: HC

Read Judgment - Mining permit not required to remove earth if building permit is valid: HC

Read article about this judgment on Times of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                      THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                 THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937

                                   WP(C).No. 16701 of 2015 (K)
                                      ----------------------------

PETITIONER:
----------------------

            HUSSAIN, AGED 45 YEARS,S/O.MUHAMMED,
            RESIDING AT HANSA MANZIL, ADIKKATTUKULANGARA,
            ALAPPUZHA DISTRICT, PIN-690 501.

            BY ADVS.SRI.M.G.SREEJITH
                          SRI.ASHOK SURESH

RESPONDENTS:
----------------------------

        1. THE DISTRICT GEOLOGIST,
            GEOLOGIST, OFFICE OF THE MINING AND GEOLOGY,
             ALAPPUZHA DISTRICT-690 534.

        2. THE DIRECTOR,
            MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
            KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001.

        3. THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
            GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

             BY GOVERNMENT PLEADER SMT. C.K.SHERIN

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
             ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE
             FOLLOWING:




sts
 
WP(C).No. 16701 of 2015 (K)
-----------------------------------------

                                            APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

EXHIBIT P1-          TRUE COPY OF THE BUILDING PERMIT DATD 27-09-2015 ISSUED BY
                     THE PALAMEL GRAMA PANCHAYATH.

EXHIBIT P2-          TRUE COPY OF THE SITE PLAN APPROVED BY SECRETARY PALAMEL
                     GRAMA PANCHAYATH.

EXHIBIT P3-          TRUE COPY OF THE APPLICATION DATED 20-05-2015 SUBMITTED BY
                     THE PETITIONER.


RESPONDENT(S)' EXHIBITS:                        NIL
-----------------------------------------




                                                     /TRUE COPY/


                                                     P.A.TO JUDGE


sts
 


                    K. VINOD CHANDRAN, J.
               ---------------------------------------
                   W.P(C). No.16701 of 2015
               ---------------------------------------
             Dated this the 4th day of June, 2015.

                          JUDGMENT

      The case of the petitioner is that, on the strength of Ext.P1

building permit, the petitioner levelled the property by removing

ordinary earth for construction of a residential house. But when

the petitioner approached the first respondent/District Geologist

with a request for issuance of Mineral Transit pass to transport

the earth from his property, it was refused to be acted upon.

      2. Heard the learned Government Pleader as well.

      3. By virtue of Rule 14 of the Kerala Minor Mineral

Concession Rules, 2015 the persons doing construction of

residential building including flats or commercial buildings having

a plinth area upto 300 square metres are exempted from

obtaining quarrying permit under the Rules, if the owner of the

land has obtained a prior valid permit for construction of such

building from the concerned Local Self Government authority.
 
W.P(C). No.16701 of 2015              2




The said Rule reads as follows:

                     "14. Quarrying permit for Ordinary

              earth: (1) A quarrying permit under these

              rules shall be obtained for extraction of

              ordinary earth used for filling or levelling

              purposes in construction of embankments,

              roads, railways or buildings in Form N:

                     (2) Notwithstanding anything contained

              in sub-rule (1), no quarrying permit is

              required under these rules for extraction of

              ordinary earth in        connection with the

              construction of residential buildings including

              flats or commercial buildings having a plinth

              area of 300 square metres if the owner of the

              land obtained a prior valid permit for

              construction of such building from the Local

              Self Government authorities concerned;

                     Provided   that    in    cases   where

              transportation of ordinary earth is required,

              the owner shall pay royalty for the quantity to

              be transported and shall obtain mineral

              transit passes under the Kerala State Minerals

              (Prevention of illegal mining, storage and

              transportation)   Rules,   2015    from    the

              competent authority;

                     Provided further that    the competent
 
W.P(C). No.16701 of 2015             3




              authority shall not issue mineral transit

              passes    for  removal   of  ordinary   earth

              exceeding    the  quantity  needed    to   be

              extracted, as ascertained by it through a site

              inspection."

       4. In the above facts and circumstances, first respondent/

District Geologist is directed to issue 'Mineral Transit Pass' in

Form O(A), on being satisfied with the genuineness of the claim

of the petitioner        based on    Ext.P1 building permit, without

insisting for 'NOC'/ Mining permit; in accordance with law, which

shall be done at the earliest at any rate within 'two weeks' from

the date of receipt of a copy of this judgment, if necessary after a

site inspection.        The petitioner shall produce a copy of this

judgment along with a copy of the writ petition before the first

respondent/District Geologist for further steps.

       The writ petition is disposed of.


                                                         Sd/-
                                               K. VINOD CHANDRAN,
                                                        JUDGE