K.P. CHANDRANGADAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court alleging that the 8th respondent is making a construction in his property in violation of the Building Permit and Environmental Clearance obtained from the Panchayath and the 3rd respondent-State Environmental Impact Assessment Authority (SEIAA for short) respectively; and further that respondents 9 to 11, under the guise of Ext.P1 Environmental Clearance obtained by the 8th respondent, are rampantly excavating and removing ordinary earth from their properties for commercial gain.

(2.) The petitioner says that the afore aspects have been substantiated through the report of the Geologist, namely Ext.P6, submitted before the District Collector; and thus prays that the Environmental Clearance and the Building Permit granted to respondents 8 to 11 be set aside, with a corollary prayer that the District Collector be directed to consider Ext.P6 and take necessary action thereon.

(3.) The learned counsel appearing for respondents 9 to 11, Sri.Liji Vadakkedam, submits that the allegations made against his clients by the petitioner are wholly untrue and that they are not excavating or removing ordinary earth from their property in any manner. He says that they are making a construction in their property validly on the strength of an approved Building Permit and that all that they have done in their property is to level it, but without removing any ordinary earth there-from. He, therefore, prays that the allegations made against his client be repelled and they be allowed to make further construction in terms of law.