VELU V. K. Vs. ANIL KUMAR

JUDGEMENT

(1.) Introduction:

(2.) While the quarrying activities in respect of granite metal were being regulated through the Mines and Minerals (Development & Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967, the latter Rules were superseded by the Kerala Minor Mineral Concession Rules, 2015, which brought in more stringent regulatory measures to govern the grant of quarrying leases and permits. Notifications issued under the Environment Protection Act and Rules also envisage that quarrying leases and permits be granted only after a thorough audit of the environmental impact that such activities can occasion. It is apparent, therefore, that there are adequate legislative measures in place to regulate quarrying activities. Litigation in this area has, however, revealed the shortcomings with regard to the implementation of these regulatory measures.

(3.) The stop memos that were issued to the various writ petitioners in the year 2012, appear to have been pursuant to the directions issued by this court in the judgment dated 108.2009 in W.P.(C).No.9605/2008, where this Court found that lands assigned to various quarrying permit holders in Malyattoor - Neeleeswaram Grama Panchayat had, in fact, been issued under Patta's that contained a clause that the assigned lands would not be used for purposes other than for rubber cultivation, and hence the assigned lands could not be used for quarrying activities. The observations of the Court are to be found in paragraph 5 of the judgment and read as follows: