PHILIP THOMAS Vs. GEOLOGIST

JUDGEMENT

(1.) The petitioner wanted to construct a house for his family to live in. The house was proposed to be constructed in Meenadam Village of Kottayam Taluk. To construct the house, the petitioner has to remove the topsoil from the plot, in order to level the ground, for laying the foundation bed. The petitioner's son and his wife, who are the owners of the property, made an online application to the 2 nd respondent- Secretary to the Grama Panchayat, seeking to issue Development Permit. The Development Permit is required as the Geologist can issue permission to extract and transport the soil only on the basis of a Land Development Permit issued by the Panchayat.

(2.) However, the Panchayat authorities informed the petitioner that the Secretary or Grama Panchayat is not authorised to grant Land Development Permit for removal of soil. The petitioner states that the property in question is situated more than 12 feet above the road level and no vehicles including autorickshaws can ascend to the property. The 2nd respondent has granted only Building Permit. Unless the 2nd respondent issues a Development Permit also, the Geologist will not issue necessary transit pass, which would be required for levelling the land of the petitioner. The petitioner therefore seeks to direct the 1 st respondent- Geologist to grant 'No Objection Certificate' and permission to remove the red earth from the property where the house is proposed to be constructed.

(3.) The learned Government Pleader submitted that as per Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, it is mandatory that a building permit and a development permit are issued by concerned Local Self Government Institutions, for granting permission for removal of ordinary earth for construction of buildings having a plinth area of 20,000 m? and more. Issuance of 'No Objection Certificate' from the Department is not stipulated by the Rules for construction of buildings having plinth area below 20,000 square metres, contended the learned Government Pleader.