BIJU JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner owns 18.58 Ares of property in Sy.No.430/4-2 in Block No.8 of Neduvathoor Village, in which he intends to construct a residential building of 125.11 sq. metres, the permit of which is produced at Ext.P3. The petitioner is exempted from obtaining a quarrying permit by virtue of Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 (for brevity the 'Rules'). However, he has to obtain O(A) Forms under the Rules for transportation of the excavated earth.

(2.) By virtue of Rule 14 of the Rules the persons doing construction of residential building including flats or commercial buildings having a plinth area upto 300 square metres are exempted from obtaining quarrying permit under the Rules, if the owner of the land has obtained a prior valid permit for construction of such building from the concerned Local Self Government authority. The said Rule reads as follows:

(3.) The mere existence of a permit cannot lead to a presumption that there is, in fact, a construction intended. It cannot also be presumed that there would be requirement of sand excavated for carrying on the construction. These are factors which has to be looked into before the extraction is permitted and the extracted earth allowed to be transported. The petitioner, hence, shall file an application to the Geologist producing the permit and the plan as also an undertaking to finish the construction, of at least the foundation of the building, within a period of not more than six months. The District Geologist then shall consider issuance of 'Mineral Transit Pass' in Form O(A) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for brevity "Transportation Rules"), without insisting for 'NOC'/Mining permit; however, the same shall be only on satisfaction of the genuineness of the claim of the petitioner based on the building permit issued by the Local Self Government Institution; after due verification from the Panchayath and on the petitioner proving his identity.