Read Judgment - Mining permit not required to remove earth if building permit is valid: HC
Read article about this judgment on Times of India
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)
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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:
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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)
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APPENDIX
PETITIONER(S)' EXHIBITS
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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
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/TRUE COPY/
P.A.TO JUDGE
sts
K. VINOD CHANDRAN, J.
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W.P(C). No.16701 of 2015
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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