K.G.GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a nearby resident of a quarry conducted by the 7th respondent, seeks to interdict the latter's operations for reason of the threat caused to life and property personally and also the large-scale depredation of natural resources resulting in degradation of the ecology and environment. The 7th respondent is carrying on the quarry operations, admittedly in accordance with a lease obtained from the 4th respondent. The order evidencing such lease is produced at Exhibit P1 which indicates the 7th respondent having been granted quarrying lease over an area of 2.0249 ha of Patta land comprised in survey numbers 21/1-3-4-5, 26 and 26/4 of Koottickal Village, Kanjirapally Taluk, Kottayam District. The period of lease is also specified as 20 years, which permits such operations till 04/11/2020.

(2.) The petitioner grounds his contentions on Exhibits P2, P3 and P6. Exhibit P2 is a report obtained from the Centre for Earth Science Studies (CESS) of the year 1993, which, according to the petitioner, speaks of possibility of landslide in the area around the Koottickal Panjayat and make certain recommendations for evolving proper land-use norms in tune with the hazard zonation. Exhibit P3 is a report of the Kerala State Biodiversity Board, which specifically deals with the quarrying and crusher units in the vicinity of the Koottickal Grama Panchayat. The said document is of more recent origin, ie: of the year 2013, in which specifically the quarry owned by the 7th respondent is referred to and it is also reported that a stream originating from the quarry is blocked and narrowed by concrete constructions all along the premises. Exhibit P3 notices the existence of other quarries in the area and after specifically referring to the flora and fauna, indigenous to the area, the studies by CESS and the reports of Prof.Gadgil and Dr.Kasturirangan also are referred to. The recommendations include stopping of all mining and quarrying activities in the area; comprising the Vagamon hill ranges, including the Valiantha Watershed area. The specific recommendation is to declare it as a protected area (PA).

(3.) The two documents above referred, according to the petitioner, projects the very fragile nature of the land and the recommendations demand immediate closure of all quarrying and mining operations. Exhibits P4 and P5 evidence the quarrying operations having encroached into puramboke Government land, and the necessity for a survey, which could be carried on only after the operations in the quarry are put to a stop. Exhibit P5 is a communication from the District Collector to take further action in the matter by conducting a survey. The authorities are alleged to have slept over the matter.