INDU S Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel Sri.K.N.Sasidharan Nair appearing for the petitioner. The respondents are represented by the learned Senior Government Pleader Sri.Surin George Ipe.

(2.) Claiming to be a conscious citizen, the petitioner has approached the court with this Public Interest Litigation challenging the Government orders (Ext.P5 series) on the River Bed Sand Mining permission, accorded under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with the Rules 2002, framed thereunder.

(3.) The learned counsel for the petitioner refers to Deepak Kumar and Others v. State of Haryana and Others reported in (2012) 4 SCC 629 to point out that the Supreme Court had issued various directions for extraction of River Sand, including securing of Environmental Clearance for any such mining activity. Mr.Sasidharan Nair also refers to the Guideline issued on 24.12.2013 (Ext.P4) by the Ministry of Environment and Forests, detailing the conditions under which sand mining projects are to be sanctioned. According to the petitioner, the Government of Kerala has failed to discharge its responsibility, by not insisting on the Environmental Clearance for River Sand Mining.