JILMON JOHN Vs. MANAKAD GRAMA PANCHAYATH CHITTOOR

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking the following reliefs:

(2.) The petitioners are owners of an extent of 2.72 acres of property in Manakad village within the territory of the 1st respondent grama panchayat. According to the 1st petitioner, the 2nd petitioner has authorised him to use the said plot for the purpose of establishing a bitumen mixing plant (hot mix plant). The Kerala State Pollution Control Board has issued a circular dated 1.10.2015 prescribing the norms for granting consent for establishing and operating temporary/permanent hot mix plant in the State. There are no residential houses within a radius of 100 meters from the point where the hot mix plant is sought to be located. It is also the case of the petitioners that the PCB has issued a consent in favour of the 1st petitioner on 22.12.2015 and the same is valid up to 30.12.2018.

(3.) On the basis of the consent issued by the PCB, the 1st petitioner has submitted an application before the 1st respondent panchayat seeking permission to set up the hot mix plant as provided under Section 233 of the Kerala Panchayat Raj Act, 1994. The Panchayat Committee issued proceedings dated 15.2.2016 granting permission to the 1st petitioner for installation of the machinery for the hot mix plant subject to the condition that after such installation, he shall obtain D&O licence from the panchayat and also a consent to operate from the PCB and NOC from the District Medical Officer.