SAKARIYA VAZHAYIL Vs. VILLAGE OFFICER KANJIRAMGAD

JUDGEMENT

(1.) All the above Writ Petitions seek issuance of Form O(A) under R. 14 of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as a KMMC Rules); transit passes for removing the excavated ordinary earth. The claim is raised on the basis of building permits issued by the Local Self Government Institutions (LSGI for brevity), with permission to construct building of less than 300 sq. mrs plinth area. The claim is that the petitioners would require extraction and removal of ordinary earth for carrying out such construction; which excavated earth can be transported out only with transit passes issued under The Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (in short the Transportation Rules'). It is also submitted that the petitioners would pay the royalty demanded by the Geologist; which is a pre-condition for issuance of Form O(A) under R.11 of the KMMC Rules.

(2.) This Court had noticed various instances wherein gross misuse of the exemption granted by the State, was perpetrated resulting in razing down hills and levelling hillocks; changing the very terrain of the land, on the strength of building permits issued by the local authorities, thus rendering otiose the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act for short). This Court was faced with numerous instances where d large scale mining operations were carried out, on the basis of the exemption under R.14(2) and transit passes were sought to be issued, for commercial exploitation of the excavated ordinary earth. Often the building permits, issued by the local authority; which does not create any obligation on the land owner to make that construction having less than 300 sq. metres, was used only for the excavation; with no building being erected. This Court had in one of such cases in the above batch i.e., W.P.(C) 23251 of 2016 passed an interim order dated 19.08.2016 on the following lines:

(3.) While so another Writ Petition; W.P.(C) No.16763/2016 (Annamma Poulose Vs. District Collector) (2017 (1) KLT 143 = 2017 (1) KHC 751) , in which there was a complaint about widespread excavation being carried on in the adjacent property; based on three building permits issued by the local authority came up for hearing and was allowed today. This Court had elaborately considered the issue and found that the exemption under R.14(2) of the KMMC Rule is ultra vires the MMDR Act. In para 16 & 17 it was found so;