Kerala High Court
Environmental Protection Forum vs State Of Kerala on 12 April, 2023
Author: S. Manikumar
Bench: S.Manikumar, Murali Purushothaman
WP(C): 10617/2021 -:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 10617 OF 2021
PETITIONER:
ENVIRONMENTAL PROTECTION FORUM
VENGOLA P.O., ERNAKULAM-683 556,
REPRESENTED BY ITS PRESIDEN, SHINAJ.K.A.,
S/O. ALIYAR K.A., AGED 35, KARUVALY HOUSE,
VENGOLA POST, ARACKAPADY, ERNAKULAM-683 556.
BY ADVS. SRI. P.MOHAMED SABAH
SMT.SAIPOOJA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT,
KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM-695 004.
3 GEOLOGIST,
MINING AND GEOLOGY OFFICE, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD-682 030, KERALA.
4 KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY,
REPRESENTED BY ITS CHAIRMAN, KSRTC BUS TERMINAL, FOURTH FLOOR,
THAMBANOOR, THIRUVANANTHAPURAM-695 001.
5 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
ERNAKULAM, CIVIL STATIN, KAKKANAD-682 030,
REPRESENTED BY ITS CHAIRMAN.
6 DISTRICT COLLECTOR AND CHAIRMAN DEIAA,
ERNAKULAM, CIVIL STATION, KAKKANAD-682 030,
REPRESENTED BY ITS CHAIRMAN.
WP(C): 10617/2021 -:2:-
7 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, FIRST FLOOR,
MANNA RESIDENCY, MC ROAD, PERUMBAVOOR, 4,
ERNAKULAM-683 542.
8 MUDAKUZHA GRAMA PANCHAYAT,
THRIKKEPADY MUDAKUZHA PANCHAYAT ROAD, VENGOOR WEST,
KERALA-683 545, REPRESENTED BY ITS SECRETARY.
9 M/S. CHOORAMUDI GRANITES,
KOMBANADU P.O., PERUMBAVUR, ERNAKULAM DISTRICT-683 546,
REPRESENTED BY ITS PARTNER, SHRI.VARGHESE RAJU,
RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM P.O.,
AIKKARANADU, ERNAKULAM-683 565.
10 VARGHESE RAJU, AGED 40 YEARS
S/O.RAJU, RESIDING AT EDAYANAL HOUSE,
PAZHAMTHOTTAM P.O.,
AIKKARANADU, ERNAKULAM-683 565.
11 N.A.THOMAS, AGED 56 YEARS
S/O.ABRAHAM.N.E., RESIDING AT NJATTUMKALAYIL HOUSE,
KADAYIRUPPU P.O., ERNAKULAM-682 311.
12 REBY KURIAN, AGED 44 YEARS
S/O.KURIAN, RESIDING AT THURUTHIYIL HOUSE, ALLAPPRA P.O.,
ERNAKULAM-683 556.
BY SENIOR GOVERNMENT PLEADER SRI. V. TEK CHAND
R4 BY ADV. M. P. SREEKRISHNAN
R7 BY ADV. SRI. T. NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
R8 BY BY ADV. SRI. R. RENJITH
R9 BY ADV. SRI. BABU PAUL
R10 TO R2 BY ADV. SRI. BINU PAUL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.04.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C): 10617/2021 -:3:-
JUDGMENT
S. Manikumar, CJ Instant public interest writ petition has been filed seeking for the following reliefs:
(i) Issue a writ of mandamus or other appropriate writ or order, directing the respondents 1 to 8, to take necessary action to stop the quarrying activities conducted by the respondent Nos.9 to 12 in the landed property having an extent of 0.8589 hectares in Re-
survey Nos. 524/4, 524/5, 524/7-2, 524/13prt, 524/15prt, 524/3-3 and 524/3-2 of Vengoor West Village.
(ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 3, 5 and 7, to cancel the quarrying permit, Exhibit-P7 environmental clearance and Exhibit-P15 integrated consent to operate respectively, granted to respondent No.9 firm for conducting quarrying activities in the landed property having an extent of 0.8589 Ha. in Re-survey Nos.524/4, 524/5, 524/7-2, 524/13prt, 524/15prt, 524/3-3 and 524/3-2 of Vengoor West Village.
(iii) Direct the respondents 2 and 5 to take effective steps to assess and quantify the exact quantity of granite stones illegally and illicitly quarried by the 9 th respondent firm from the landed property having an extent of 0.8589 Ha. in Re-survey Nos.524/4, 524/5, 524/7-2, 524/13prt, 524/15prt, 524/3-3 and 524/3-2 of Vengoor West village and from the surrounding areas, and direct the said respondents to take appropriate action against respondents 9 to 12, for illicit and illegal extraction of granite stones.
(iv) Direct the 3rd respondent not to further grant or renew any quarrying permit submitted by respondents 9 to 12 firm, with respect to the landed property having an extent of 0.8589 Ha., in Re-survey WP(C): 10617/2021 -:4:- Nos.524/4, 524/5, 524/7-2, 524/13prt, 524/15prt, 524/3-3 and 524/3-2 of Vengoor West Village.
2. Brief facts leading to the filing of the instant writ petition are as under:
2.1. This writ petition is filed by the petitioner, Environmental Protection forum, seeking to bring to the notice of this Court the illegal quarrying activities conducted by respondent No.9, viz., M/s. Chooramudi Granites, Kombanadu P.O., Perumbavoor, Ernakulam, represented by its Partner, beyond the permissible limits laid down in the respective quarrying permits, integrated consent to operate, and environmental clearance issued by the 3rd respondent - Geologist, 8th respondent -
Environmental Engineer, and respondent No.6, District Level Environment Impact Assessment Authority respectively.
2.2. According to the petitioner, it is an organisation registered under the Travancore-Cochin Literary, Scientific, and Charitable Societies Registration Act, 1955 and is duly represented by its President. The grievance raised by the petitioner is that the 9 th respondent, a partnership firm duly registered under the Indian Partnership Act, 1932, along with respondents 10 to 12, have been carrying on quarrying of granite stones in the landed property owned by the 11 th respondent, having an extent of WP(C): 10617/2021 -:5:- 0.8589 hectares in Re-survey Nos.524/4, 524/5, 524/7-2, 524/13prt, 524/15prt, 524/3-3 and 524/3-2 of Vengoor West Village.
2.3. Petitioner has further stated that a quarrying permit dated 29.06.2019 is issued by the 3rd respondent, the Geologist, Mining and Geology office, Ernakulam, to the 11 th respondent permitting the quarrying of 20000 metric tonnes of granite stones. However, in utter violation of the said permit, respondent No.9 quarried 300000 metric tonnes of granite. Later, the 9th respondent partnership firm was permitted to quarry 28146 metric tonnes of granite from the said landed property, by virtue of the permit dated 17.07.2018 issued by the 3 rd respondent. However, the 9th respondent again extracted granite stones exceeding the permissible limit, in violation of the permit.
2.4. Petitioner has further stated that as per the Environmental Clearance No.36/2018 dated 28-06-2018 (Exhibit-P7), issued by the 5th respondent - District Level Environment Impact Assessment Authority, Ernakulam, the 9th respondent was only allowed to quarry building stones at the rate of 28146 ton per annum for a period of 5 years. But, the 9 th respondent has already excavated 25,00,000 metric tonnes, in violation of Exhibit-P7 environmental clearance.
WP(C): 10617/2021 -:6:-2.5. Petitioner has further stated that the Geologist, Mining and Geology Office, Thiruvananthapuram - 3 rd respondent, had conducted an inspection on 04.07.2019, in the landed property wherein, the 9 th respondent is carrying on the quarrying activities, and based on the said inspection, the 3rd respondent issued Exhibit-P8 show cause notice dated 22.07.2019, as to why legal action has not been taken against the firm for the extraction of 7358 metric tonnes of building stones, and also as to why, 11500 metric tonnes of building stones are seen excavated and lying in the adjoining property in Kombamnadu Village, which is outside the land property pertaining to which, the quarrying permit is granted.
Thereafter, Ext-P11 show cause notice dated 12.10.2020 was issued by the 3rd respondent for not maintaining the reserve deposit.
2.6. Petitioner has further stated that the 9th respondent firm is also carrying out quarrying activities and stocking the quarried stones in the adjacent landed properties, which include Government properties, beyond the mining area, as evident from Exhibit-P8. Subsequently, on 26.08.2020, the 9th respondent firm paid an amount of Rs.8,53,000/-
towards fine for the illicit extraction of stones from the landed property, as evidenced by challan dated 26.08.2020.
WP(C): 10617/2021 -:7:-2.7. Petitioner has further stated that there is a slow sand filter and a water reservoir of the Kerala Water Authority, within 107 metres away from the landed property wherein, the quarrying activities are being undertaken by the 9th respondent firm. The residents of Vengoor East and West villages are much dependent for drinking water on the said water reservoir and related units. The explosions conducted in connection with the said quarrying activities adversely affect the said water reservoir.
2.8. Petitioner has further stated that the 9th respondent firm is also carrying out mining operations in violation of the conditions laid down in Exhibit-P15 integrated consent to operate issued by the 7 th respondent - Environmental Engineer, Kerala State Pollution Control Board, Ernakulam to the Managing Partner of the 9 th respondent firm as the quarrying activities are carried out beyond the area marked by Mining and Geology and it is being done in violation of Exhibit-P7 environmental clearance.
2.9. Petitioner has further contended that being aggrieved by the conduct of the 9th respondent, though he had made representations to respondents 3, 4 and 7, viz., the Geologist, Mining and Geology Office, WP(C): 10617/2021 -:8:- Kakkanad; Kerala State Environmental Impact Assessment Authority, represented by its Chairman, Thiruvananthapuram; and Environmental Engineer, Kerala State Pollution control Board, Ernakulam respectively, vide Exhibits-P16, P17 and P18, requesting to stop all the quarrying activities of the 9th respondent conducted in the landed property, by cancelling the permit/licence/environmental clearance, no action has been taken so far. In such circumstances, petitioner is constrained to approached this Court by filing the instant writ petition for the reliefs stated above.
3. Grounds, on the basis of which contentions were raised by the petitioner, are as under:
A. It is evident from Exhibits-P8, P9, P10, P11 and P12 documents that the 9th respondent is carrying out quarrying activities beyond the permissible limits, contemplated in the quarrying permits and Exhibit-P7 environmental clearance.
B. None of the said respondents, especially the respondent Nos.2 and 3 have taken any action so far against the 9 th respondent, despite having received representations from the petitioner organisation and having noticed the extensive illegal and illicit extraction done by the 9 th respondent in utter violation of the quarrying permits and Exhibit-P7 environmental clearance. C. The 3rd respondent is continuing to entertain the applications submitted by the 9th respondent firm with respect to the same landed property for renewal of quarrying permits, without giving due regard to the fact WP(C): 10617/2021 -:9:- that the 9th respondent firm had already done unauthorised quarrying beyond the permissible limits. Thus, it is evident that the 3 rd respondent is acting hand in glove with the 9th respondent. Respondents 2 and 3 have also not taken any steps to assess the exact quantity of granite stones authorisedly extracted by the 9th respondent.
D. Placing reliance on the judgment of this Court in W.P.(C) No. 10387 of 2020 dated 30.03.2021, petitioner has further contended that the extraction of granite stones beyond the permissible limit and against Exhibit-P7 environmental clearance by the 9th respondent is punishable under Section 379 of the Indian Penal Code. E. It ought to be taken note that it will take several more months for Ext.P7 environmental clearance to expire. Meanwhile, the 3rd respondent is also continuing to permit the 9th respondent firm to continue with the illegal quarrying activities in the same landed properties. According to the petitioner, this has adversely affected the environment and the lives of nearby residents.
F. The 9th respondent has already excavated granite stones beyond the permissible limits, as contemplated in the quarrying permits issued by the 3 rd respondent and Ext- P7 environmental clearance. In such circumstances, the environmental clearance and permits continue to be in force till the expiry of the time period stipulated therein as the non-cancellation of the same would amount to ridiculing the system placed by the laws of the land for quarrying activities and protecting the environment. G. Petitioner has further contended that the quarrying activities carried out by the 9th respondent are in blatant violation of Rules 4, 10 and 77 of the Kerala Minor Mineral Concession Rules, 1967 and also Rule 3 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. the quarrying activities in the landed property are done without maintaining the mandated reserve deposit as is evidenced by Exhibit-P11 show cause notice.WP(C): 10617/2021 -:10:-
4. Refuting the averments made and opposing the reliefs sought for by the petitioner, respondents 10 to 12, who are the managing partners of the 9th respondent firm has filed a counter affidavit, wherein they have, inter alia, stated that Exhibit-P1 document shows that the petitioner "Environment Protection Forum" is registered on 24.02.2021. The members of the petitioner forum is residing at Vengola. There are more than 200 plywood factories working illegally, and causing severe pollution in the nearby area. The respondents have also contended that the petitioner has not approached this Court with clean hands. They are residing far away from the quarry unit. The distance between the petitioner's registered office and residential building is more than 20 kilometers away from the quarrying site.
5. Respondents 10 to 12 have further contended that they have got valid licences/permissions/clearances/consents to conduct quarrying operations in the subject property. However, the quarrying permit issued by the 3rd respondent - Geologist, expired on 4.9.2020, and that the application for renewal of the same is pending. Hence, they are eligible to conduct quarrying operations in the property mentioned in the writ petition, after renewal of the quarrying permit. It is also stated that all WP(C): 10617/2021 -:11:- the concerned authorities have given consent, permission, and licence for conducting quarrying operations.
6. The Secretary of Mudakkuzha Grama Panchayat, Perumbavoor, Ernakulam - 8th respondent, has filed a counter affidavit dated 24.08.2021, wherein it is stated that vide No.73/2020-2021/A3/1029/20, licence was granted by the Panchayat to the 11 th respondent to conduct quarrying activities in the property comprised in Re-survey Nos.524/4, 524/5, 524/7- 2, 524/12 Part, 524/15 Part, 524/3, 524/3-2, as permitted by the Government authorities. Said licence was valid upto 4.9.2020. Thereafter, the licence has not been renewed. In compliance of the order passed by this Court on 5.8.2021, notice dated 24.08.2021 has been issued to the 11 th respondent directing not to conduct quarrying activity, if any carried out, until further orders to be passed by this Court.
7. That apart, one of the managing partners of the 9 th respondent firm has filed a counter affidavit dated 13.09.2021, wherein, it is, inter alia, contended as under:
A. As a matter of fact one of the partners of the 9 th respondent was one of the petitioners in WP(C). No. 9155/2007 filed against illegal functioning of the above plywood factories. The matter was decided in favour of the petitioners therein. The Review Petition (RP.No.741 of 2020) filed seeking to review the judgment in WP(C).WP(C): 10617/2021 -:12:-
No. 9155/2007 was also dismissed by order dated 09.02.2021. The petitioner "Environmental Protection Forum" is registered only after the disposal of the R.P.No.741 of 2020 by this Hon'ble Court. As a retaliation measure and to make this respondent to budge to the illegal demands of the plywood factories, the present petition is filed by the petitioner as a stooge of the above plywood company owners Exts P16 to ExtP20 representations are all filed thereafter It is interesting to note that this respondents unit was functioning from 2016 onwards and there was no complaints whatsoever and from 2021 February, onwards all on a sudden the complaints started which is indicative of the fact that the issue raised by the petitioner is motivated by malafides and on extraneous considerations. The petitioner has approached this Hon'ble court with unclean hands. Moreover, the petitioners are residing far away from the quarry unit they cannot have any personal grievance in the functioning of this respondent's unit.
B. Apart from the above, the petitioner has filed W.P.(C) No.8357/2021 before this Court, for extension of its quarrying permit for a further period of one year in the light of a letter dated 22/02/2021 issued by the 2nd respondent herein. The true copy of the letter No.10972/M3/2020 dated 22/2/2021 is produced herewith and marked as Ext.R9 (a). This document is produced as Ext.P6 in the above writ petition. This Court was pleased to dispose the above writ petition by judgment dated 03/08/2021 and the true copy of the same is produced herewith and marked as Ext.R9 (b). From the judgment it can be seen that this respondent volunteered for an inspection as to whether any excess quarrying is carried out or not by them. The definite case of this respondent is that they have not quarried any excess quantity of granite as permitted by the license and hence, they are entitled for an extension of the license as per Ext.R9 (a). Therefore, it can be seen that the prayers of the petitioner to a large extent been under consideration of the authorities.
WP(C): 10617/2021 -:13:-C. In Ext.P11, the 3rd respondent has pointed out that the respondent has not retained the Reserve deposit. This cannot be strictly termed as an excess quarrying. This respondent in Exhibit P12, denied the excess quarrying. Therefore, it is a disputed question of fact. Unless and until a proper inspection is conducted by the authorities concerned, with the assistance of the Taluk Surveyor, there is no meaning in saying that the 9 th respondent has quarried more than the quantity of granite, as permitted under Ext.P1 license.
D. It is further submitted that 9th respondent itself has approached this Court by filing W.P.(C) No.8357/2021, in order to ascertain whether any excess quarrying is carried out by the respondent, as evident from Exhibit- R9(b) which is pending consideration before the authorities concerned. Therefore, it is premature for the petitioner to approach this court, complaining that the authorities have not taken any action against the 9 th respondent. On a proper enquiry, if the 3 rd respondent is convinced that the 9th respondent has violated the licence conditions, appropriate action can be initiated. Without waiting for the action of the statutory authorities, the petitioner rushed to this Hon'ble court, with the oblique motive and intended only to harass the 9th respondent.
8. The 7th respondent - Environmental Engineer, Kerala State Pollution Control Board has filed a counter affidavit dated 14.09.2021, wherein, it is, inter alia, contended that the petitioner has an alternate and effective remedy of appeal as per Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 and it is without exhausting that remedy, the petitioner has filed the writ petition.
WP(C): 10617/2021 -:14:-9. The 7th respondent has further contended that Exhibit-P15 consent to operate was issued to the 9th respondent unit, after considering all the circulars of the Pollution Control Board that were existed at the time of submission of the application and that Exhibit-P15 was issued to the unit, after verifying the Environmental Clearance obtained and was limited to the date of expiry of the same.
10. Further, the 10th respondent has filed an additional counter affidavit dated 8.2.2023, wherein it is contended as under:
A. It is respectfully submitted that no excess quarrying had been carried out by the 9th respondent - Chooramudy Granites, as alleged by the petitioner. The 9 th respondent firm has filed an application before the District Geologist for measuring the property for the purpose of renewal of the permit. The same was not considered by the District Geologist. Subsequently the petitioner has filed a statutory appeal before the Secretary, Industrial Department against the non- consideration of the application for renewal of quarrying permit. After considering the appeal, the appellate authority has passed an order directing the 3rd respondent District Geologist to grant restricted permit to conduct quarrying operation in that part of the property where the granite stones are left untouched and no quarrying activity of any kind has taken place. Copy of the order of the Secretary, Industrial Department dated 22.6.2022 is produced as Exhibit R10.
B. However, the 3rd respondent did not comply with the directions in Ext-R10(a) order issued by the Secretary, Industrial Department dated 22.06.2022. Due to the non- implementation of the directions in Ext.R10(a), petitioner has approached this Court by filing W.P.(C) No.25614/22 WP(C): 10617/2021 -:15:- and this Court vide judgment dated 05.01.2023 [Ext.R10(c)], directed the 10 th respondent to submit a report of the RQP before the District Geologist. C. Thereafter, the petitioner has submitted Exhibit-R10(d) report of the RQP dated 17.10.2022 to the 3 rd respondent. As per the rules, the property has to be measured on the basis of the report of the RQP. Moreover, the Environmental Impact Assessment Authority did not find that the 9th respondent firm has violated any condition mentioned in the Clearance Certificate. Any proposal for cancellation of the Environmental Clearance Certificate so granted can be pursued only by following the procedure contemplated in Clause 8(vi) of the Environmental Impact Assessment Notification, 2006. Before any decision is taken to cancel the Environmental Clearance Certificate, the parties will be afforded an opportunity of hearing and for submitting objections to the said proposal of the Environmental Impact Assessment Authority and only thereafter, any decision will be taken in the matter. The cancellation can be done only if it is proved to the satisfaction of the Environmental Impact Assessment Authority that the factual circumstances exist which warrants a cancellation as provided in the Environmental Clearance Notification. D. Environmental Clearance was granted in the year 2018. This is an appealable order under Section 16 of the National Green Tribunal Act, 2010. If at all the petitioner wants to challenge the above certificate, it has to approach the National Green Tribunal and this Court has no jurisdiction to consider the legality of the clearance certificate issued in a writ proceedings. E. It is necessary to conduct a survey on the basis of the report of the RQP (Registered Qualified Person), to verify the real facts. It cannot be said that we have conducted excess quarrying without measuring the property on the basis of the report of the RQP. So far no measurement has been done on the basis of the report of the RQP. The 3 rd respondent is duty bound to implement the directions in Exhibit-R10 (a) order dated 22.06.2022.WP(C): 10617/2021 -:16:-
11. In reply to the contentions raised by the respondents, petitioner has submitted that the authorities, including the Principal Secretary to the Government, Industries Department, are acting hand in glove with the party respondents, in carrying out the quarrying operations and that the senior officials are acting in utter violation and disregard to the recommendation of respondent No.3 - Geologist, on the basis of the inspections conducted.
12. He further submitted that the effect that Exhibit-R10(d) report of the RQP (Registered Qualified Person) dated 17.01.2022 is prepared, without conducting a proper scientific inspection using the latest technology and tools such as Total station, GPS survey etc. Only after filing the said reply, petitioner was able to obtain certain documents issued by respondent No.3 Geologist.
13. Petitioner has further submitted that by order bearing No. 152/21-22/DOE/1217/E2/19 dated 01.10.2021, issued by the 3 rd respondent Geologist, she refused to extend the quarrying permit issued in connection with the quarry in question, due to earlier illicit mining of 28250 Metric Tons of granite, in violation of 2019 permit. Further, going through the communications bearing No.DOE/1454/E2/2020 dated WP(C): 10617/2021 -:17:- 22.12.2021, issued by the 3rd respondent - Geologist, to the Principal Secretary, Industries Department; and the communications bearing No. DOE/1454/E2/2020 dated 21.07.2022; and bearing No. DOE/1454/E2/2020 dated 29.08.2022, issued by the 3rd respondent - Geologist, to the Director, Mining and Geology, it is evident that the Geologist, based on solid findings, has arrived during various inspections conducted along with Taluk Surveyor, that there is extensive illicit quarrying in the quarry in question, in a most unscientific manner, in violation of the permits issued and without maintaining the mineable reserves. Hence, it was directed that no further quarrying activities ought to be permitted therein.
14. It has come out from the said communications that a penalty was imposed for the illicit quarrying and transportation of 9487.5 Metric Tonnes, on 17.07.2019. Thereafter, on the basis of the inspections conducted on 17.09. 2020 and 16.10.2020, it was found that 11,300 Cubic Metres (28, 250 Metric Tons) was quarried in excess and in violation of permit dated 11.10.2019. Thereafter on 12.10.2020, a show cause notice was issued on 12.10.2020 and one Mr. Vaghese Raju, one of the party respondents and partner of the 9th respondent firm, issued a reply stating that he is ready to pay the fine for excess.
WP(C): 10617/2021 -:18:-15. Thereafter, towards Royalty, price and fine, Rs. 20, 36,000/- was obtained from the party respondents for the said illicit quarrying.
Further, during the inspection conducted on 04.08.2021, it was found that there was excessive quarrying in the said place. Hence, the Assistant Geologist, immediately recommended, by filing a report, to stop all the quarrying activities, remove the machines used, and suspend the Dealer's License. Said recommendations were duly accepted and executed.
Thereafter, a joint inspection with the Taluk Surveyor was conducted on 29.09.2021. But, the sketch has not been received yet, despite sending content reminders. On 21.12.2021, again an inspection as conducted, wherein it was found that the quarrying is done by the 9 th respondent, without keeping the minimum 7.5 metres safety zone, without maintaining benches, done in an unscientific ways and further there are no mineable reserves available.
16. It is further submitted that respondent No.3, despite having taken an active stand against the illicit quarrying activities conducted by the respondents 10 to 12, is being forced to facilitate quarrying activities by his higher officials, including the Principal Secretary, Industries Department, and also the 2nd respondent - Director of Mining & Geology.
The respondent No.3 did not permit extension, on the basis of the G.O. WP(C): 10617/2021 -:19:- (Rt.) 203/2021/ID dated 12.02.2021 owing to lack of mineable reserves.
However, it is submitted that as per Government Order dated 31.12.2021, respondent No.3 was directed that as per KOMPAS Online Statement, respondents 10 to 12 shall be permitted to remove remaining 2556 MT.
Based on that direction, respondent No. 3 Geologist, by order bearing No. 349/21-22/DO8/1217/12/19 dated 14.01.2022, has allowed the party respondents to quarry 2556 MT. of granite stones, allegedly the remaining as per the KOMPAS online statement. However, as per letter dated 22.06.2022 issued by the Principal Secretary to the Industries Department, he has directed the Geologist to conduct inspection and to issue regulated permit to quarry stones from areas untapped in the quarry.
17. Petitioner has further submitted that the Principal Secretary directed the respondent No.3 to initiate recovery proceedings on receipt of sketch of Taluk surveyor, on the basis of which, an inspection was conducted 06.07.2022, in the presence of Reby Kurian, a partner. It was found that the minimum required no mining zone was not maintained, benches are not maintained, and unscientific quarrying is done, without maintaining the minimum reserves. That apart, the height of the quarry is about 77.15 metres. The quarrying has been done at a length and WP(C): 10617/2021 -:20:- breadth of 60 metres and 54 metres respectively. It was also found that the respondents have quarried about 593 MT., beyond the Geological reserves of 570965 MT.
18. Heard the learned counsel for the parties and perused the material on record.
19. Record of proceedings shows that when the matter came up for consideration on 05.08.2021, taking note of the submissions made by the learned Senior Government Pleader, we ordered that no quarrying activity should be permitted at the subject sites until further orders.
20. However, based on the submission of learned counsel for respondent No.9, that a few days back inspection of the site has been conducted by the District Geologist, on 28.02.2023, we directed the 3 rd respondent - Geologist, to file the inspection report along with sketch.
21. When the matter came up for further consideration, on 16.03.2023, after perusing the report of the District Geologist, Department of Mining and Geology, we granted time to the learned Senior Government Pleader, to submit the survey sketch of the site based on which, action has been taken against violation of mining plan and the provisions of Kerala Minor Mineral Concession Rules, 2015.
WP(C): 10617/2021 -:21:-22. At the risk of repetition, report of the District Geologist, Department of Mining and Geology, Ernakulam is reproduced:
"REPORT SUBMITTED BY THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM BEFORE THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO.10617/2021 FILED BY THE ENVIRONMENTAL PROTECTION FORUM It is humbly submitted that the quarrying permit holder has done large scale illicit mining and transportation of granite under the guise of the quarrying permit granted to M/s. Chooramudi Granites, Kombanad PO., for extracting granite building stone from 0.8589 Hectares in survey nos. 524/4, 524/5, 524/7-2, 524/13pt., 524/15pt., 524/3-3, and 524/3-2 of Vengoor West Village, Kunnathunadu Taluk, during the years 2018, 2019, and 2020. This office had conducted joint inspection of the quarry along with Taluk Surveyor on 28.09.2021 to estimate the quantity of granite illicitly extracted. But, the Revenue Department has not provided the survey sketch till date. Hence, the quarry was surveyed with the help of the Surveyor of the Department of Mining and Geology, as it was necessary in recover the revenue loss suffered by Government, due to large scale illicit mining and transportation committed by the permit holder, without further delay.
A letter (Annexure 1) intimating the survey was sent to the permit holder on 16/02/2023 through post and via whats-app no. 94471 16386. This is the number provided by the permit WP(C): 10617/2021 -:22:- holder in his application and also in KOMPAS online portal of the Department. The whats-app message was seen by the permit holder, but he chose not to be present during the survey which took place on 21.02.2023.
Rule 10(j) of the KMMCR, 2015, reads thereunder:-
"the permit holder shall allow any officer authorised by the Central or the State Government in this behalf to enter upon any building, place of excavation or land comprised in the permit for the purpose of inspection of the same."
Meanwhile the permit holder submitted a RQP report regarding the quantity extracted from the quarry which was fake and was rejected by this respondent. This office has already roughly estimated the quantity of granite illegally mined out from the quarry as around 5 lakhs. When the Department Surveyor provides the survey sketch of the quarry, action shall be taken against the permit holder for violation of, mining plan and the provisions of the Kerala Minor Mineral Concession Rules, 2015.
Sd/-
SENIOR GEOLOGIST"
23. In response to the report submitted by the District Geologist, Department of Mining and Geology, Ernakulam, learned counsel for the petitioner submitted that the survey report does not reflect the actual amount of granite stones quarried illicitly as the same is seen to have prepared in an unscientific manner, without any basis. Further, the digital survey also does not reflect the actual length, breadth, and height of the WP(C): 10617/2021 -:23:- mined area. Hence, the report is silent as to how or using what tools, the digital survey has been carried out.
24. In support of his contentions, petitioner, in his reply affidavit dated 15.03.2023, has relied on certain orders/communications, translated version of which are reproduced hereunder:
25. Order No.152/21-22/DOE/1217/E2/19 dated 01.10.2021, issued by the District Geologist is extracted hereunder:
"Order As per reference 2 cited above, quarrying permit was issued for the purpose of mining granite from 0.8589 Hectares of land comprised in Re-survey Nos.524/4, 5, 7-2, 13pt., 15pt., 524/3-3, 524/3-2 of Block-10, Vengoor west village, Kunnathunadu Taluk, Ernakulam District till 04/09/2020. Based on the submission of other mandatory licenses for quarrying like consent of the Pollution Control Board - valid till 27/6/23, D&O license issued by Panchayat - valid till 31/3/2021, Environmental consent - valid till 27/6/2023, NOC No. A1-P-3723/2016 dated 22/2/18 issued by the Executive Engineer, PH division, Aluva, movement permit for quarrying was also issued till 04/09/2020. When an application for renewal of permit was submitted on 24/8/2020 by Mr. Varghese Raju, Partner, Chooramudi Granites, Vengoor west, site inspection was conducted from this office on 17/9/20 and 6/10/2020. During the site inspection, it was found on measurements that, from the areas under the permit issued as per reference to 2 cited above, an excess quantity of 11300 cubic meters (28250 metric ton mining was done and a show cause notice No. DOE/1454/22/2020 dated 12/10/2020 was issued. Consequently, on 12/10/2020, a reply was submitted by Mr. Varghese Raju, inter alia, consenting to pay the requisite WP(C): 10617/2021 -:24:- fine amount of extra mining done in the office. Based on the same, a sum of Rs.20,36,500/- was realized towards royalty price and fine for the illegal mining of 28250 Metric tonnes of granite, as per Rule 108(2) of reference No.1 Rules cited above. Thereafter, mining permit was not issued since the residential houses were less than 200 meters away from the mining area, which was in clear violation of the Orders of the Hon'ble National Green Tribunal and the Hon'ble High Court of Kerala. As per letter No. A1-P-3723/2010 dated 10/6/2021, it has been informed that No Objection Certificate issued by the Executive Officer, PH Division, Aluva for the purpose of mining has been cancelled.
In letter No. A3/153/2020/ID dated 21/6/2020 issued by the Secretary, Industries (A) department, it was asked to enquire and report on the complaint regarding the damage caused to the water tanks due to the functioning of quarry which is found out by the Vigilance. Based on the advice to conduct a scientific study on the impact of functioning of the quarry, the owner of the quarry had submitted a report from Dr. Thimaiah Institute of Technology, Oorakam, Kolar Gold Fields, Karnataka. In the light of the complaint of illegal mining within the area included in the quarrying permit, an inspection was conducted on 8/4/2021. In the enquiry, it was found that extensive mining was done in the areas within the quarrying permit and a stop memo was issued on 9/4/21. A copy of the stop memo was forwarded to the Village Office, Vengoor West, Sub Inspector of Police, Kuruppumpadi, and Secretary, Mudakkuzha Grama Panchayat respectively, for ensuring that no illegal mining is conducted in the area. Environmental Protection Forum, Vengola P.O., (represented by President Shinaj K.A.) has filed WP(C) No.10617/2021 (Public litigation) before the Hon'ble High Court of Kerala, regarding the illegal mining in the area comprised in Re-survey Nos. 524/4, 5, 7-2, 13pt, 15pt, 524/3-3, 524/3-2 of Block 10 of Vengur west Village, Kunnathunadu Taluk and a Counter Affidavit has been filed in the said case.
W.P.(C.) No. 8357/2021 was filed by Mr. N.A. Thomas for the purpose of getting further granite quarrying permit and in the said case, as per reference No.6 Judgment cited WP(C): 10617/2021 -:25:- above, it has been directed that "Writ petition is disposed of directing the 1st respondent to consider the extension of the period of permit in favour of the petitioner in accordance with the directions contained in Ext. P6 a and pass order at the earliest at the rate within a period of two months from the date of receipt of a copy of the Judgement".
On the basis of the implementation of Judgment of the Hon'ble High Court of Kerala, the area included in aforesaid quarrying permit was inspected, with the assistance of the Taluk Surveyor on 28/9/21. On inspection of KOMPAS Online Statement of the quarrying permit, issued as per reference No.2, it is seen that 21363.700 metric tonnes out of permitted 23902 Metric tonnes were mined during the validity period of permit. In the inspection conducted from this office on 17/9/20 and 8/10/20, it is measured and found that 28250 Metric tonnes of granite has been mined in excess of the permitted limit under the quarrying permit referred as item No.2 above. On 8/4/21, when it was found that illegal mining was being carried on, further proceedings as provided under reference No.1 Rules is being taken. In the letter referred as item No. 4 of the Mining and Geology Director which is mentioned as Ext. P6 in the Judgment in W.P.(C.) 8357/2021, it has been informed that the quarrying permits that were in existence from 1/4/2020 to 31/3/2021 was directed to be extended for a period of 1 year as per G.O (Rt.) No. 203/2021/ID dated 12/12/2021 and so, the royalty and other related amounts as provided under the Rules shall be realized from the owners and to confirm the validity of the related licenses. The validity of quarrying permit shall be extended on the basis of the Government order only in accordance with the relevant Rules. It is understood that, as per the aforesaid Government order, the time period for removal of minerals which are not mined during Covid was fixed till 11/12/2022 for valid quarrying permits from 01/04/2020 to 31/03/2021, as per the reference No. 3 GO and the provisions of Reference No. 1 Rules. So also, for the purpose of mining under Kerala Miner Mineral Concession Rules, 2015 statutory license has to be obtained.
WP(C): 10617/2021 -:26:-On verification of application submitted by M/s. Chooramudi Granites, it is found that D&O license, Explosive license, and NOC, from the Executive Engineer, PH division, Aluva, have to be submitted. As per the quarrying permit issued under reference No.2, approved mining plan and Environmental permit, since the quarrying has exceeded the permitted limit of 36075 Metric and on the basis of instructions contained in reference No. 4, it is hereby informed that the quarrying permit cannot be extended.
The Judgement dated 3/8/21 of the Hon'ble High Court of Kerala in W P.(C) 8357/2021 is hereby declared to have enforced.
SD/-
Geologist."
26. Communication dated 22.12.2021 addressed to the Principal Secretary, Industries Department by the Geologist, reads as under:
"No.D.O.E/1454/E2/2020 District Office
Department of Mining and Geology
Civil Station, Kakkanad
Kochi-30.
From
Geologist
To
Principal Secretary,
Industries (A) Department,
Secretariat, Thiruvananthapuram.
(By Director of Mining and Geology)
Sir,
SUB: Department of Industries - Mining and Geology - in the Appeal filed by Sri. N.A. Thomas before the Government
- regarding submission of report.
Ref. : 1) Kerala Minor Mineral Concession Rules, 2015.
2) Letter having No.250/A4/2021/industries dated 29/11/2011 of Principal Secretary, Industries (A) Department.
WP(C): 10617/2021 -:27:-Attention of the Government is drawn to the reference cited above. On 08/04/2021, site inspection was conducted pursuant to an application submitted by Sri. Varghese Raju, Partner, Chooranad Granites, Vengoor West, Perumbavoor for quarrying permit. On inspection, it was found that extensive unauthorized mining is carried out in the site and accordingly, machineries used for mining, kept in the quarry, was directed to be removed and the dealer's license of the Crusher unit near the quarry was suspended. This is done on the basis of the report of the Assistant Geologist who had conducted the site inspection. Earlier, a fine was imposed for doing illegal quarrying of 28250 Metric tons of granite at the said place, after granting quarrying permit as per the proceedings No. 20/19-20/MM/GS/QP/DOE/1217/E2/19 dated 11/10/2019 of the District Geologist valid till 04/09/2010. A joint site inspection was conducted with the assistance of Taluk Surveyor on 29/09/2021. The extent of illegal mining can be quantified only after obtaining the survey sketch.
The subject quarry was again examined on 21/12/2021. Quarrying is seen carried out in a very unscientific manner, without installing bunches and without maintaining 7.5 meter safety zone. There are no mineable reserves in the said place for carrying out scientific mining. Permission was granted for quarrying and removing 23902 tons of granite till 04/09/2020. As per KOMPAS stock summary of the establishment, 23300 metric tons of granite is seen dispatched from the site. However, even larger quantity of the granite has been quarried and removed and the same is evident from a preliminary enquiry itself. The establishment has violated Rules 10(c) and 65 of reference cited as item No.1 and caused huge financial loss to the Government.
Appropriate proceedings will be initiated against the institution once the survey sketch is received. No mineable reserve is available in the site. It is brought to the notice of the Government that permission for continuing mining shall not be issued to the institution.
Yours faithfully Sd/- Geologist"
WP(C): 10617/2021 -:28:-27. Communication dated 21.07.2022 addressed to the Director, Mining and Geology by the Geologist, reads as under:
Date: 21/07/2022 From Geologist To Mining and Geology Director, Thiruvananthapuram.
Sir, Subject: Industrial Department - Mining and Geology appeal filed by M/s. Chooramudi Granites before the Government - report submission - regarding.
Ref.:- 1. Kerala Minor Mineral Concession Rules, 2015.
2. Letter No. 93/A4/2021/Ind dated 22/6/22 of the Principal Secretary, Industries (A) department.
3. Letter No. 242/M3/2022 dated 23/4/22 of your goodself.
Attention of your goodself is drawn to the references cited above. Quarrying permit was issued in the name M/s. Chooramudi Granites, Kombanad P.O., during the years 2018, 2019 and 2020, for the purpose of mining granite from 0.8589 Hectares of land comprised in Re- survey Nos. 524/4, 5, 7-2, 13pt, 15pt, 524/3-3, 524/3-2 of Block No. 10 Vengur West Village, Kunnathunadu Taluk, Ernakulam District. A site inspection was conducted from this office on 08/04/21, upon receipt of application for renewal of license. Since, extensive illegal mining was found to be done in the site and on the basis of the findings of the report submitted by the Assistant Geologist, who conducted the inspection, the machinery used for mining purpose was directed to be removed and dealer's license of the adjacent crusher unit was suspended. On 17/7/2019, an amount of Rs.7.08,100/- was realized as penalty for unauthorized mining of 9487.5 Metric tonnes of granite. During the site inspection conducted on WP(C): 10617/2021 -:29:- 17/9/2020, a sum of Rs.20,50,000/- was levied for mining 28250 metric tonnes of granite, without keeping up reserve deposit in the quarry. On 29/09/2021, though a Joint inspection was done in the quarry, along with the Taluk Surveyor, the said survey sketch has not been received so far. A second reminder letter has been sent to the Tahsildar, Kunnathunadu, on 09/05/2022. When the quarry was again inspected on 21/12/21, it was understood that the strong mining is done in an unscientific manner, without maintaining 7.50 metres no-mining zone and without constructing benches.
Since there do not remain mineable reserves in the site, the application for extending the mining permit submitted was not considered as per G.O. (Rt.) No.203/2021/ID dated 12/2/21. However, as per GO (Rt.) No. 1431/2021/ID dated 31/12/2021, since it was recommended to grant permit for mining balance 2556 Metric tonnes of granite, on the basis of KOMBAS online statement, quarrying permit was issued, in compliance of the Government order, through proceeding No. 22/DOE/1217/E2/19 dated 14/01/2022. When an application was again submitted by M/s. Chooramudi Granites before the Director, for renewal of the quarrying permit, as per reference No.3 cited above, the Director has instructed to issue permit only if there is sufficient quantity for mining after referring the survey sketch prepared by the Taluk Surveyor. However, it has been instructed through the Government letter cited as reference No.2 to allow permit in those areas where quarrying has not been carried out, after conducting inspection and measurement of the site by the Geologist and recovery proceedings shall be initiated after receiving the report from the Taluk Surveyor regarding the excess quarrying. In compliance of the instructions given by the Government, on 06/07/2022, the quantity of granite mined from the quarry has been determined in the presence of the representative of permit owner, Shri Rebi. Strong mining has been done unscientifically in the quarry without maintaining 7.50 meter no-mining zone and without constructing benches. Water logging is seen approximately 22.65 metres depth. The height above the WP(C): 10617/2021 -:30:- water logging is 54.5 metres. Thus, the height of the quarry has been determined as 77.15 metres. Quarrying has been done with an approximate length of 60 metres and breadth of 54 metres. As per the quarrying permit, the quantity of the granite allowed to be mined (from 17/7/2018 to 11/02/2022) is 54,221 metric tonnes. The quantity of the total granite mined from the quarry = 60 x 54 x 77.15- 2,49,966 m³ = 6,24,915 MT The quantity of the granite for which penalty was paid for illegal mining = 37,737.5 MT The quantity of the granite mined till 2017 = 29,357 MT Production in quarry as per the available documents = 23536.760+7200+2,500 = 33236.76 MT.
Quantity of unauthorised mined granites = 6,24,915 - (37,737.5+33236.76+29.357) = 6,24,915 - 100331.26 = 5,24,583.74 MT = 5,24,584/- MT.
As per the mining plan dated 18/11/2017, the quantity of granite which can be mined within 5 years from the site was 1,40,728/- Metric tonnes only. The following are the other details regarding the mining plan:-
Reserve mined out = 29,357 MT Reserves mineable = 1,40,728 MT Geological reserves = 5,70,965 MT Depth of quarrying operations = 35m RL The owner of the quarrying permit has already mined 24,593 MT in excess of the geological reserve of 5,70,965 MT in the site during the period of permit. Since, the quarrying was done in excess of the approved mining plan, the permit for continuing any type of quarrying cannot be permitted in the site. Accordingly, requesting your goodself to issue necessary guidelines for implementing Government order referred as item No.2.
Yours faithful SD/-
Geologist."WP(C): 10617/2021 -:31:-
28. Communication dated 29.08.2022 addressed to the Director, Mining and Geology by the Geologist, is extracted hereunder:
Date: 29/08/2022 From Geologist To Mining and Geology Director, Thiruvananthapuram.
Sir, Sub: Mining and Geology - (adalath file) Environment related Samadhi (2021-23) complaint filed by Shri. Vijayakumar N.A., for taking action against the violations of environmental law by the Chooramudi Granites, Kunnathunadu Taluk, Ernakulam District - Report regarding.
Ref:-
1) Kerala Minor Mineral Concession Rules, 2015.
2) Letter No.93/A4/2021/Ind. dated 22/6/22 issued by the Principal Secretary, Industries (A) Department.
3) Letter No.DMG/2478/2022-M3 (2478/M3/2022) dated 20/8/22 issued by your goodself.
4) Letter No.A3/178/2022/Ind. Dated 22/7/22 issued by the Principal Secretary, Industries (A) Department.
5) The same number letter dated 21/7/22 from this office.
6) Letter No.DMG/242/2002-M3 dated 27/8/22 of your good office.
Attention of your goodself is drawn to the reference cited above. Quarrying permit was issued in thename M/s. Chooramudi Granites, Kombanad P.O., during the years 2018, 2019 and 2020, for the purpose of mining granite from 0.8589 Hectares of land comprised in Re-survey Nos.524/4, 5, 72, 13pt., 15pt., 524/3-3, 524/3/2 of Block No. 10, Vengoor West Village, Kunnathunadu Taluk, WP(C): 10617/2021 -:32:- Ernakulam District. A site inspection was conducted from this office on 08/04/21 upon receipt of application for renewal of license. Since, extensive illegal mining was found to be done in the site and on the basis of the findings of the report submitted by the Assistant Geologist, who conducted the inspection, the machinery used for mining purpose was directed to be removed and dealer's license of the adjacent crusher unit was suspended. On 17/7/2019, a sum of Rs.7.08.100/- was realized as penalty for unauthorized mining of 9487.5 Metric tons of granite. During the site inspection conducted on 17/9/2020, a sum of Rs.20,59,000/- was levied for mining 28250 metric tons granite, without keeping up reserve deposit it in the quarry. On 29/09/2021, though a joint inspection was done in the quarry along with the Taluk Surveyor, the said survey sketch has not been received so far. A second reminder letter has been sent to the Tahsildar, Kunnathunadu on 09/05/2022. When the quarry was again inspected on 21/12/21, it was understood that the strong mining is done in an unscientific manner, without maintaining 7.50 meter no-mining zone and without constructing benches.
Since there do not remain mineable reserves in the site, the application for extending the mining permit submitted was not considered as per G.O. (Rt) 203/2021/ID dated 12/2/21. However, as per G.O (Rt.)No. 1431/2021/ID dated 31/12/2021, since it was recommended to grant permit for mining balance 2556 Metric tonnes granite on the basis of KOMBAS online statement, quarrying permit was issued through proceeding No. 349/21-22/DOE/1217/ E2/19 dated 14/01/2022. It has been instructed through the Government letter cited as reference No.2 to allow permit in those areas where quarrying has not been carried out, after conducting inspection and measurement of the site by the Geologist and recovery proceedings shall be initiated after receiving the report from the Taluk Surveyor regarding the excess quarrying. In compliance of the instructions given by the Government, on 06/07/2022, the quantity of granite mined from the quarry has been determined in the presence of the representative of permit owner, Shri Rebi. Strong mining has been done WP(C): 10617/2021 -:33:- unscientifically in the quarry, without maintaining 7.50 metres no-mining zone and without constructing benches. Water logging in seen approximately 22 metres depth. The height above the water logging is 54.5 metres. Thus, the height of the quarry has been determined as 77.15 metres. Quarrying has been done with an approximate length of 60 metres and breadth of 54 metres.
As per the quarrying permit, the quantity of the granite allowed to be mined (from 17/7/2018 to 11/02/2022) is 54,221 metric tonnes.
The quantity of the total granite mined from the quarry = 2,49,966 m³ = 6,24,915 MT The quantity of granite for which penalty was paid for illegal mining = 37,737.5 MT The quantity of the granite mined till 2017 = 29,357 MT Production in quarry as per the available documents = 23536.760+7200+2,500 = 33236.76 MT.
Quantity of unathorised mined granite = 6,24,915 (37,737.5+33236.76+29,357) 6,24,915 = 100331.26 = 5,24,583.74 MT = 5,24,584/- MT As per the mining plan dated 18/11/2017, the quantity of granite which can be mined within 5 years from the site was 1,40,728/- Metric tonnes only. The following are the other details regarding the mining plan:-
Reserve mined out = 29,357 MT Reserves mineable = 1,40,728 MT Geological reserves = 5,70,965 MT Depth of quarrying operations = 35m RL The owner of the quarrying permit has already mined 24,593 MT in excess of the geological reserve of 5,70,965 MT in the site. Since, the quarrying was done in excess of the approved mining plan, the perm continuing any type of quarrying cannot be permitted in des Accordingly, as per reference No.4 cited above, request WP(C): 10617/2021 -:34:- was submitted before your good self seeking guidelines for implementation of Government order referred as item No.2 above and as per reference No. 5 cited above, your good self has directed to deny renewal of permit, since quantity for quarrying is not sufficient.
The water tank of Kerala Water Authority mentioned in the complaint filed by Sri. Vijayakumar N M is outside 50 meter distance from the quarry and earlier the quarrying permit was issued on the basis of submission of the mandatory licenses such as consent from Kerala Pollution Control Board, Environment Consent, Explosives License, License from Panchayat etc. The issues raised in the complaint are mainly regarding environment pollution etc. Since, M/s. Chooramudi Granite, has done quarrying, in violation of the mining plans and permit, the environment has been damaged is a fact.
Yours faithfully, Sd/-
Geologist."
29. Finally, the translated communication dated 23.01.2023 addressed to Sri. Varghese, Managing Partner, Chooramudy, by the Senior Geologist, is extracted hereunder:
"Date: 23/01/2023 From Senior Geologist To Sri. Varghese Raju, M/s. Chooramudi Granites, Chooramudi, Kombanad.
Sir, Sub:- Mining and Geology - W.P.(C) No.25614/2022 -
regarding approval of RQP Plan.WP(C): 10617/2021 -:35:-
Ref:- 1. Order dated 22/12/2022 in W.P.No.25614/ 2022 of the Hon'ble High Court of Kerala.
2. Plan submitted by Sri. Varghese Raju on 18/01/2023.
Attention is drawn to reference cited above. You have submitted the plan prepared by RQP and the same was verified. It is shown that 106050 Metric tonnes of granite were mined from the quarry till date. It is doubtful whether the said plan was prepared after sight inspection by RQP. You have violated the terms of Mining plan by doing steep quarrying in the site including mining in "No mining zone" as well as in the blocked reserve areas, even without constructing any bunches. No information regarding the quantity of 106050 tonnes and its calculations is given. Proper sanction is also not shown. Quantity of 106050 tonnes has been written casually. Measurements obtained from this office shows that you have mined 106050 Metric tonnes of quantity from the quarry pit. It is recommended to the Director to take action against you for trying to deceive this office by submitting a false scientific plan to this office. The plan you have submitted is rejected since it is wrong.
Yours faithfully, Sd/-
Senior Geologist."
30. Inviting the attention of this Court to the report of the Senior Geologist, Mining and Geology Department, Ernakulam, Mr. Tek Chand V., learned Senior Government Pleader submitted that, the office of the Mining and Geology had conducted a joint inspection of the quarry along with the Taluk Surveyor on 28.09.2021, to estimate the quantity of illicitly extracted granite stones. But, the Revenue Department has not provided WP(C): 10617/2021 -:36:- the survey sketch. Therefore, with the help of the Surveyor of Department of Mining and Geology, survey was conducted and excess excavation of the granite stones was found.
31. In reply to the above, learned counsel for the petitioner submitted that the survey report does not reflect the actual amount of granite stones quarried illicitly as the same is seen to have been prepared in an unscientific manner, without any basis. The digital survey sketch does not reflect the actual length, breadth and height of the mined area.
Hence, the area and volume of the portion shown as 'mined area' are arrived at without any basis.
32. Learned counsel for the petitioner further submitted that the survey report is also silent as to how or using what tools, the digital survey is carried out. The unscientific manner of arriving at the volume of the mining area by the Digital Surveyor and the blind reliance of the same by the 3rd respondent, for best reasons known to him, while submitting the report before this Court, is an attempt by the 3 rd respondent to suppress the actual quantity of stones quarried illicitly.
33. However, learned counsel appearing for the 11 th respondent submitted that after the digital survey, referred to in the reply affidavit WP(C): 10617/2021 -:37:- filed by the petitioner, another inspection was carried out by the Taluk Surveyor and found that there are contradictions in the quantity of the granite excavated.
34. Responding to the above, learned Senior Government Pleader submitted that proceedings have already been initiated by the competent authority, in accordance with the provisions of Kerala Minor Mineral Concession Rules, 2015, for violation of the conditions in the licenses/permits/environmental clearance etc. In such circumstances, it is open to the 11th respondent to submit his explanation along with all the supporting documents, including revenue survey sketch.
35. Learned Senior Government Pleader also submitted that though notice was given to the 11th respondent, he was not present when the inspection was conducted by the District Geologist. Said submission has not been refuted.
36. Having considered the submissions advanced, pleadings, contentions raised in the respective counter affidavits, statutory provisions, and the material on record, in particular, the inspection report submitted by the District Geologist, Mining and Geology, Ernakulam, we dispose of this writ petition, directing the Director of WP(C): 10617/2021 -:38:- Mining and Geology Department, Thiruvananthapuram - respondent No.2, to take further appropriate action based on the inspection report submitted, under the provisions of the Kerala Minor Mineral Concession Rules, 2015.
The Registry is directed to post the matter after three months for reporting compliance.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
MURALI PURUSHOTHAMAN JUDGE Krj //true copy// P.A. TO C.J.
WP(C): 10617/2021 -:39:-APPENDIX PETITIONER'S EXHIBITS:
P1 COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER FIRM ISSUED BY THE REGISTRAR OF SOCIETIES, ERNAKULAM.
P2 COPY OF THE RELEVANT PAGES OF THE BYE-LAWS OF THE PETITIONER ORGANISATION.
P3 COPY OF THE PARTNERSHIP DEED EVIDENCING THE CONSTITUTION OF THE RESPONDENT NO.10 FIRM DATED 05.12.2007.
P4 COPY OF THE POSSESSION CERTIFICATE DATED 19,.08.2020 AND BEARING NUMBER 49356790 ISSUED FROM THE VENGUR WEST VILLAGE OFFICE.
P5 COPY OF THE PERMIT DATED 11.10.2019 BEARING NO.20/19/MM/GS/QP/ DOE/1217/E2/19 ISSUED BY RESPONDENT NO.3 TO THE 10TH RESPONDENT PARTNERSHIP FIRM.
P6 COPY OF THE PERMIT DATED 05.09.2019 BEARING NO.14/19-20/MM/GS/QP/ DOE/1217/E2/19 ISSUED BY THE 3RD RESPONDENT TO THE 10TH RESPONDENT PARTNERSHIP FIRM.
P7 COPY ENVIRONMENT CLEARANCE NO.36/2018 DATED 28.06.2018 ISSUED BY THE RESPONDENT NO.DEIAA TO THE RESPONDENT NO.10 FIRM.
P8 COPY OF THE SHOW CAUSE NOTICE DATED 22.07.2019 AND BEARING NUMBER DOE/1217/E2/19 ISSUED BY RESPONDENT NO.3 TO MR.N.A.THOMAS.
P9 COPY OF THE CHALLAN DATED 17.07.2019 ISSUED BY THE GOVERNMENT OF KERALA TO THE MANAGING PARTNER OF THE RESPONDENT NO.9 FIRM EVIDENCING THE PAYMENT OF RS.7,08,100/- (RUPEES SEVEN LAKHS EIGHT THOUSAND ONE HUNDRED ONLY) TOWARDS THE FINE FOR ILLICIT EXTRACTION OF 9475.5 METRIC TONNES OF GRANITE STONES.
P10 COPY OF THE CHALLAN DATED 12.10.2020 ISSUED BY THE GOVERNMENT OF KERALA TO THE MANAGING PARTNER OF THE RESPONDENT NO.9 FIRM EVIDENCING THE PAYMENT OF RS.20,59,000/- (RUPEES TWENTY LAKHS FIFTY NINE THOUSAND ONLY) TOWARDS THE FINE FOR ILLICIT EXTRACTION OF 28250 METRIC TONNES OF GRANITE STONES.WP(C): 10617/2021 -:40:-
P11 COPY OF THE SHOW CAUSE NOTICE DATED 12.10.2020 BEARING NO.DOE/1454/E2/2020 ISSUED BY THE RESPONDENT NO.3 TO THE RESPONDENT NO.9.
P12 COPY OF REPLY DATED 12.10.2020 SENT BY RESPONDENT NO.10 FIRM TO THE RESPONDENT NO.3.
P13 COPY OF THE LOCATION MAP OF THE MINING AREA OF THE RESPONDENT NO.9 FIRM ISSUED FROM THE OFFICE OF DISTRICT GEOLOGIST.
P14 COPY OF THE ORDER DATED 22.02.2019 AND BEARING NO.A1-P-3723/2016 ISSUED BY THE ALUVA EXECUTIVE ENGINEER OF THE PUBLIC HEALTH DIVISION OF KERALA WATER AUTHORITY ALUVA.
P15 COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 02.07.2018 AND BEARING NO.R15ERNA-CTO-R-1258888 ISSUED BY THE RESPONDENT NO.7 HEREIN TO THE MANAGING PARTNER OF RESPONDENT NO.9 FIRM.
P16 COPY OF THE REPRESENTATION DATED 05.04.2021 SENT BY THE PRESIDENT OF THE PETITIONER ORGANISATION TO THE RESPONDENT NO.3.
P17 COPY OF THE REPRESENTATION DATED 07.04.2021 SENT BY THE PRESIDENT OF THE PETITIONER TO THE RESPONDENT NO.4.
P18 COPY OF THE REPRESENTATION DATED 09.04.2021 SENT BY THE PRESIDENT OF THE PETITIONER TO THE RESPONDENT NO.7.
P19 COPY OF THE A/D CARD EVIDENCING THE RECEIPT OF THE REPRESENTATION SENT BY THE PRESIDENT OF THE PETITIONER FORUM TO THE 2ND RESPONDENT.
P20 COPY OF THE A/D CARD EVIDENCING THE RECEIPT OF THE REPRESENTATION SENT BY THE PRESIDENT OF THE PETITIONER FORUM TO THE RESPONDENT NO.4.
P21: COPY OF THE COMPLAINT DATED 19.03.2021 SUBMITTED BY THE PETITIONER FORUM BEFORE THE 3RD RESPONDENT, AGAINST THE ILLEGAL AND EXCESSIVE QUARRYING DONE BY ONE MR. P.K.PRASAD. P22: COPY OF THE COMPLAINT DATED 22.04.2021 SUBMITTED BY THE PETITIONER FORUM BEFORE THE CHIEF ENVIRONMENTAL ENGINEER OF THE ZONAL OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, AGAINST THE ILLEGAL AND EXCESSIVE QUARRYING DONE BY ONE MR. P.V. SANTHOSH IN MAZHUVANOOR VILLAGE.WP(C): 10617/2021 -:41:-
P23: COPY OF THE COMPLAINT DATED 07.05.2021 SUBMITTED BY THE PETITIONER FORUM BEFORE THE VILLAGE OFFICER, ARRACKAPADY, ON 07.05.2021, AGAI9NST THE ILLEGAL ENCROACHMENT OF GOVERNMENT LAND BY QUARRY MAFIA IN ARACKAPADY VILLAGE.
P24: COPY OF RTI APPLICATION DATED 15.04.2021 SUBMITTED BEFORE THE PRESIDENT OF THE PETITIONER FORUM BEFORE THE 3RD RESPONDENT.
P25: COPY OF RTI REPLY DATED 20.05.2021 BEARING NO.DOE/850/E2/21 ISSUED BY THE 3RD RESPONDENT TO THE PRESIDENT OF THE PETITIONER FORUM.
P26: COPY OF THE ORDER BEARING NO. G.O.(RT) NO. 1431/2021/ID DATED 31.12.2021 ISSUED BY THE JOINT SECRETARY, INDUSTRIES DEPARTMENT, KERALA AND ITS ENGLISH TRANSLATION P27 COPY OF THE ORDER DATED 01.10.2021 AND BEARING NO. 152/21-22/ DOE / 1217/E2/19 ISSUED BY DISTRICT GEOLOGIST AND ITS ENGLISH TRANSLATED VERSION.
P28 COPY OF THE COMMUNICATION DATED 22.12.2021 AND BEARING NO.
DOE/1454/E2/2020 ISSUED BY THE GEOLOGIST TO THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT AND ITS ENGLISH TRANSLATED VERSION.
P29 COPY OF THE COMMUNICATION DATED 21.07.2022 AND BEARING NO.
DOE/1454/E2/2020 ISSUED BY THE GEOLOGIST TO THE DIRECTOR, MINING AND GEOLOGY AND ITS ENGLISH TRANSLATED VERSION.
P30 COPY OF THE COMMUNICATION DATED 29.08.2022 AND BEARING NO.
DOE/1454/E2/2020 ISSUED BY THE GEOLOGIST TO THE DIRECTOR, MINING AND GEOLOGY AND ITS ENGLISH TRANSLATED VERSION.
P31 COPY OF THE COMMUNICATION DATED 23.01.2023 AND DOERN-DMG / 2207/2022-E ISSUED BY SENIOR GEOLOGIST TO SHRI VARGHESE RAJU, MANAGING PARTNER, CHOORAMUDY AND ITS ENGLISH TRANSLATED VERSION.
RESPONDENT EXHIBITS:-
R9A COPY OF THE ORDER DT.22/2/2021 ISSUED BY 2ND RESPONDENT.WP(C): 10617/2021 -:42:-
R9B COPY OF THE JUDGMENT DT.3/8/2021 IN WPC NO.8357/2021 PF THIS HON'BLE COURT.
R10(a) COPY OF THE ORDER OF THE SECRETARY, INDUSTRIAL DEPARTMENTDATED 22.06.2022 R10(b) COPY OF THE ENGLISH TRANSLATION OF EXT R10 (A).
R10(c) COPY OF THE ORDER OF THIS COURT DATED 05.01 2023 IN WPC NO.25614/22.
R10(d) COPY OF THE REPORT OF THE RQP DATED 17.01.2022.
ANNEX.R3(A):- COPY OF THE JUDGMENT DATED 3.8.2021 IN W.P(C) NO.8357/2021.
ANNEX.-R3(B): COPY OF THE NOTICE DATED 09.04.2021 ISSUED TO THE 9TH RESPODNENT.
//TRUE COPY// P.A. TO C.J.