GOPAKUMAR K Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE common issue involved in all these cases is in respect of cancellation of 'NOC' issued by the District Collector, Kottayam for issuance of quarrying permit under the relevant provisions of the Mines and Minerals (Development & Regulation) Act, 1957 read with the Kerala Minor Mineral Concession Rules 1967. The case of the petitioners is that on filing necessary applications and satisfying the requirements, the factual scenario was duly assessed by the competent authority/District Collector, who issued the necessary 'NOC' in favour of the petitioners, so as to enable them to procure the permit from the concerned Geologist. In the course of further proceedings, on a fine morning, the petitioners have been served with impugned orders whereby the District Collector has cancelled the NOC, referring to the verdict passed by the Apex Court in Deepak Kumar vs. State of Haryana (AIR 2012 SC 1386) .

(2.) MANY a ground has been raised in the writ petitions including that of denial of opportunity of hearing.

(3.) THE order passed by the District Collector refers to the flagrant misuse of 'NOC' procured by the concerned parties. On the basis of such 'NOC', excavation of much more quantity of minor mineral than the permitted quantity is being done, virtually affecting the Eco System, unsettling the balance, and causing much environmental problems. The seriousness of the issue came to be considered by the Apex Court in the aforesaid decision and the verdict was passed on 27.02.2012. It was accordingly, that the matter was considered by the District Collector, who cancelled the NOC issued after the said date, also causing the permits issued after 27.02.2012 to be cancelled, which made the petitioners aggrieved.