THANKAMMY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal is filed against judgment of the learned Single Judge declining to direct the Geologist to renew the mining permits issued to the Appellant for mining sand from her property which is 31.56 ares. In view of the claim by the Appellant that but for the prohibitory orders issued by the District Collector banning mining in the Taluk as a whole, the Appellant would have been entitled to get the mining licence renewed by the Geologist, we directed the Government Pleader to get an inspection conducted by the Revenue Department. Government Pleader has produced the report prepared by the Deputy Collector (LR), Kottayam who inspected the site along with Surveyor who has prepared a survey report and the same is also annexed along with the report.

(2.) After hearing both sides and after going through the report, what we notice is that the Appellant has utilised the mining permits already issued for mining 11.3 ares of land, out of which 70% mined land is already filled up to ground. Counsel for the Appellant submitted that balance land already mined will be filled up immediately and thereafter mining of the balance area be permitted. Admittedly the Appellant's land has good sand reserve and there is no house or any other objectionable site nearby except the river which is also beyond 50 metres away. The inspection team has not pointed out any illegality or irregularity in the mining except the prohibitory order issued by the District Collector and also expiry of the mining permit already issued. We have in several decisions taken the view that sand is a very vital construction material which is scarce in the State and since there is prohibition against mining from the river, it should be allowed to be mined from land wherever sand reserve is available. By keeping a sand reserve beneath the surface of the property Appellant or the Government will not get any benefit. On the other hand, if sand is mined and sold in the market, the same would lead to availability of sand in the market and will help the construction industry. Further, the land owner will be able to get some income by mining and selling the sand. In other words, mining will only promote public interest generally besides financial benefit to the land owner. When the mined land is filled up with the other soil, the land is restored to normal conditions causing no environmental impact on mining. We, therefore, allow the appeal by vacating the judgment of the learned Single Judge with direction to the Geologist to permit mining in balance land of the Appellant by collecting the royalties and by renewing the permit subject to conditions, particularly the need to fill up the mined pit with ordinary soil. The Geologist should call for a report from the Village Officer periodically about the filling up done so that no danger is caused by the mined pits, not only to the Appellant but to the neighbouring owners and to the public. If there is any house within 50 metres, the Appellant should produce no objection certificate from the building owners for getting renewal of permits.