RENI JACOB GEORGE Vs. DISTRICT COLLECTOR PATHANAMTHITTA

JUDGEMENT

(1.) As the issue involved in both these writ petitions is the same, they are taken up for consideration together and disposed by this common judgment.

(2.) The petitioner in W.P.(C).No.34335/2016 [hereinafter referred to as the "quarry operator"] operates a quarry pursuant to two valid quarrying leases that were granted to him, the period of which is stated to expire only by 2019 and 2021 respectively. Aside from the quarrying operations, the petitioner also carries on operations in a crushing unit, which is situated on the western side of the quarry. Sri. Reni Jacob George, the petitioner in W.P.(C). No.32820/2016, is a neighbouring land owner to the quarry operator, and the grievance of the petitioner in the said writ petition is essentially that, consequent to the crushing operations carried out by the quarry operator, as also the stocking of the overburden resulting from the quarrying operations, a mound of ordinary earth and M-sand has formed in the property of the quarry operator, which is likely to cause pollution and other inconvenience to him. In the writ petition filed by the said Reni Jacob George, the challenge is against Ext.P8 consent, granted by the Pollution Control Board to the 5th respondent (quarry operator), as also Ext.P15 D and O license issued to the said respondent for the year 2016-17. Sri. Reni Jacob George essentially contends that the action of the 5th respondent (quarry operator) in stocking the overburden, pursuant to the quarrying operation, together with the M-sand that is generated through the crushing operations, causes a threat to his property.

(3.) Through a report submitted by the Pollution Control Board in W.P.(C).No.32820/216, it was indicated that, the Pollution Control Board had, by Annexure R3(3) order dated 21.10.2016, directed the 5th respondent (quarry operator) to stop the functioning of the crusher unit, till such time as the crusher sand waste was removed from the area near the property of Sri. Reni Jacob George. While the said order provided relief to the said Reni Jacob George, the order is produced as Ext.P10 in W.P.(C).No.34335/2016 filed by the quarry operator, and impugned therein. In the said writ petition, a report of the Geologist of the Department of Mining and Geology, District Office, Pathanamthitta, dated 08.12.2016, has been produced, which refers to the directions issued to the quarry operator by the Kerala State Pollution Control Board, with a view to reducing the height of the earth mound in the premises of the quarry operator, and notes that, pursuant to the directions from the Pollution Control Board, the height of the earth mound was reduced to 6 metres from its original height, by removing about 300 loads of overburden and quarrying waste from the said premises. It was also noticed that, to remove the complete quarry waste material, and also to level the area adjacent to the nearby quarry road, about 100 loads of overburden had still to be removed, so as to avoid further complaints from the public. Thereafter, through a letter dated 26.12.2016, produced as Ext.P16 by the petitioner, the Geologist concerned notes that he had visited the site of the petitioner on 24.12.2016, and on inspecting the site, he was convinced that the 100 loads, that was directed to be removed by the Kerala State Pollution Control Board, had since been removed by the petitioner, and further, the Geo Textiles that were directed to be placed over the loose soil, had also been placed in the premises. It is apparent from a reading of Ext.P16 report of the Geologist, as also the statement and reports filed by the Pollution Control Board, that the objections that initially informed the Pollution Control Board, while issuing Ext.P10 notice to the quarry operator, do not now exist and the quarry operator has since remedied the situation to the satisfaction of the Pollution Control Board and the Geologist.