GIRISHKUMAR Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Connected Writ Petitions pertain to one and the same issue, that is, whether the land owners are entitled to remove ordinary soil from their land for supply to the contractor for filling up of low lying areas for the construction of railway line. Another need for which soil is mined is stated to be for construction of a road through low lying areas. While in one case, the land owner seeks police protection, in the other case, a public interest litigant has opposed mining of ordinary soil. We have heard counsel for both the petitioners in the Writ Petitions and Government Pleader for the respondent. Petitioner in W.P. (C) No.6023/ 11 was once granted No Objection Certificate and permission for removal of soil from his property which he was supplying to the contractor engaged in the construction of railway line. However, on account of objection of the petitioner in the connected case, the permission granted was stated to be withdrawn. Therefore, relief sought is for direction to the Revenue Divisional Officer and the Geologist to pass appropriate orders and if there is illegal obstruction to grant police protection for the land owners to remove soil in accordance with the orders that will be issued by the R.D.O.

(2.) After hearing the counsel for the petitioners and the Government Pleader, we feel positive directions are required to be issued mainly for public interest because construction of railway line and construction of roads are for the needs of the public. No one can deny that without filling up low lying areas and paddy fields, neither road nor railway line can be constructed. Filling up of low lying areas have to be done necessarily with ordinary soil which has to be collected from neighbouring areas, as far as possible without causing any environment problems or discomfort to the local people. Kerala has lot of hilly tracks wherefrom even if soil is extracted, the land level will not go down causing any kind of environmental problems. There is also nothing wrong in the land owner selling the soil to contractors engaged in the construction of road as well as railway line. It is therefore the duty of the public authorities to take decision keeping in mind protection of the environment as well as the need for development work such as construction of railway line, roads, etc. which are also for public benefit and which cannot be done in low lying areas without massive filling. We, therefore, direct the R.D.O., Thrissur to issue notice to the land owners who have submitted applications for N.O.C./clearance and also to the petitioners in W.P.(C) No.6722 of 201 1, and conduct an inspection of the area with Geologist and decide which are the areas suitable for removal of soil for the purpose of filling up of land for construction of railway line, road and similar public works. Objections, if any are raised by the public should be rationally considered and unless there is some basis, it should be overruled. Wherever mining causes environmental degradation or dangers to neigh boring properties, the R.D.O. should not permit it. However, whatever is the level of mining permissible it is for him to permit it but by imposing conditions against digging beyond a level or digging near houses, roads or the like causing danger to public life. The R.D.O., in consultation with the Geologist and after inspection of the properties of applicants and petitioner in W.P.(C) No.6023 of 2011, is directed to issue appropriate orders without any delay granting permission and with or without conditions which he deems fit. The police authorities in the local areas will ensure that no obstruction is caused for mining soil from the land in terms of the permission granted by the RDO and if any obstruction is caused by anybody, action will be taken against them and the obstruction will be prevented at all costs. Since removal of soil and filling will be difficult during monsoon, the RDO is directed to take decision at the earliest, at any rate, within three weeks from the date of receipt of copy of this judgment. Writ Petitions are disposed of as above.