MUHAMMED KHANI Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) THESE appeals have been filed by the petitioners in a batch of Writ Petitions which were disposed by the learned Single Judge holding that weathered rock/weathered sand forms part of 'ordinary earth' and is a minor mineral as defined under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred as the 'MMDR Act'). Similar relief has been claimed in W.P.(C) No. 10758/2015. The short facts involved in the Writ Petitions would disclose that petitioners who are manufacturers and dealers of weathered sand contended that it is not a 'minor mineral' as defined under the MMDR Act and therefore, the authorities under the Mining and Geology Department were not justified in refusing grant of valid 'P' forms for transportation of the above material. It is further contended that the transportation of weathered rock/weathered sand was being intercepted by police and revenue authorities for want of requisite pass from the Mining and Geology Department and hence Writ Petitions have been filed seeking appropriate directions to the police and revenue authorities from interfering with the transportation, manufacture and sale of weathered rock/weathered sand and in the alternative to direct the authorities in the Mining and Geology Department to issue necessary 'P' forms under the Kerala Minor Mineral Concession Rules (hereinafter referred to as the 'KMMC Rules').

(2.) THE State filed a counter affidavit in W.P.(C) No. 4415/2013, inter alia contending that Weathered Rock/weathered sand is a minor mineral and necessary pass is to be obtained for its transportation from the Mining and Geology Department it is contended that Weathered Rock/Weathered Sand would come under the category of 'ordinary sand as notified by the Central Government as per G.S.R. No. 95(E) dated 3.2.2000.

(3.) THE appellants presently have no dispute regarding the fact that weathered rock/weathered sand is a minor mineral as defined under the MMDR Act and the Rules framed thereunder. Their only dispute is with reference to the finding of the learned Single Judge that it has to be categorized as "ordinary earth" which has been included as a minor mineral by the Central Government as per G.S.R. No. 95(E) dated 3.2.2000, and by virtue of amendment to the KMMC Rules as per Government Order, G.O. (P) No. 138/12/ID dated 17.11.2012.