MANJAPRA GRAMA PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) This Petition is filed by the Manjapra Grama Panchayat challenging orders dt. 15.6.1995 passed by the Deputy Director of Panchayats, Ernakulam, and of the Government confirming the same vide order dt. 26.3.1996, directing the Panchayat to issue licence to the fifth respondent to start a metal crusher unit.

(2.) Fifth respondent is the owner of 57.275 cents of wetland in Sy. No. 359/1/1 of Manjapra Village. She had earlier applied for permission for installing a hollow block manufacturing unit vide application dt. 11.3.1993. Panchayat Committee as per resolution No. 7 dt. 16.3.1993 resolved to grant permission for installation of hollow block making unit by using 10 HP electric motor.

(3.) Fifth respondent later attempted to install a metal crusher unit along with hollow block unit in the same property. A mass petition dt. 12.6.1993 signed by the people of the locality who are agriculturists was submitted to the Panchayat Their apprehension was that if permission is granted for starting a metal crusher unit, the same would adversely affect their paddy cultivation. It would create atmospheric and water pollution in that area. Justifying the apprehension of the public, an application dt. 22.4.1994 was submitted by the fifth respondent before the Panchayat on 16.5.1994. Application submitted by the fifth respondent was considered by the Panchayat Committee and the committee vide its resolution No. 9 dt. 18.6.1994 directed the Executive Officer to seek certain clarifications from the fifth respondent. Explanation given by the fifth respondent was found to be not satisfactory. Panchayat then vide its resolution No. 27 dt. 2.8.1994 decided to reject the application of the fifth respondent. It was felt, if permission is granted it will affect nearby bathing ghat, water tank, pump house, paddy cultivation, and also will cause atmospheric and water pollution.