Kerala High Court
M/S. Poabs Granites Products Private ... vs State Of Kerala Represented By The ... on 2 November, 2020
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942
WP(C).No.18438 OF 2013(D)
PETITIONER:
M/S. POABS GRANITES PRODUCTS PRIVATE LIMITED,
CHULLY P.O.-683 581, ANGAMALY, ERNAKULAM DISTRICT,
REPRESENTED BY ITS DIRECTOR, SHRI. BINU K.MATHEW,
RESIDING AT THIRUVALLA.
BY ADV. SRI.N.JAMES KOSHY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY,
DEPARTMENT OF MINING, GOVERNMENT SECRETARIAT,
THIRUANANTHAPURAM-695 001.
2 THE COMMISSIONER OF LAND REVENUE,
COMMISSIONERATE OF LAND REVENUE,
THIRUVANANTHAPURAM-695 001.
3 DISTRICT COLLECTOR,ERNAKULAM DISTRICT,
COLLECTORATE, ERNAKULAM, KOCHI-682 030.
4 THE GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, ERNAKULAM, KOCHI-682 013.
5 THE DIRECTOR OF MINING AND GEOLOGY,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.18438/2013
2
JUDGMENT
Dated this the 2nd day of November, 2020 The petitioner is before this Court challenging Exts.P8 and P9 orders whereby the petitioner has been directed not to conduct quarrying operations on the ground that the land had been assigned for agricultural purpose.
2. According to the petitioner, as per Exts.P1, P1(a) and P1(b), quarrying leases and orders of the Director of Mining and Geology were issued and the petitioner was permitted to conduct quarrying operation in 15.4654 Hectares of of land in Ayyampuzha Village, Aluva Taluk. The petitioner has been conducting quarrying operations and a crusher unit within the permitted area. Such operations were being conducted since the year 2006.
3. The petitioner further states that the Tahsildar, Aluva had conducted an enquiry and issued 'No Objection Certificate' and recommendations to the Director General of WP(C)No.18438/2013 3 Mining and Geology, before executing the lease deed, certifying that the quarrying operations in the area is permissible. No such conditions were made in the deeds of assignment restricting quarrying operations.
4. The petitioner further submits that patta was issued to the predecessors-in-interest in respect of the land in question and such patta did not contain any restriction on the use of land. However now the respondents have taken a stand that the patta was issued assigning land for agricultural purposes only. The petitioner further states that Exts.P8, P9 and similar orders have been issued in respect of quarries situated in Ernakulam District alone.
5. The petitioner argued that respondents 2 and 4 have no authority to cancel the lease deed issued by the State Government. If pursuant to Exts.P8 and P9, the work is stopped, it will seriously affect the construction work in the Kochi Corporation and nearby areas since the petitioner is the supplier of M-Sand to a number of Government WP(C)No.18438/2013 4 Institutions, Railway, Vallarpadom Container Terminal, Kochi Metro etc.
6. The learned Government Pleader opposed the writ petition and stated that action was taken against the petitioner in the light of the directions from the Land Revenue Commissioner and the District Collector. The authorities required to stop all quarrying operations in the lands assigned for agricultural purposes. The lease deed in favour of the petitioner does not show that the land in question is exempted category. In the circumstances, Exts.P8 and P9 cannot be held to be illegal.
7. Heard the learned counsel for the petitioner Sri. N. James Koshi and the learned Government Pleader Smt. K.M. Rashmi representing respondents 1 to 5.
8. The learned counsel on either side submitted that a batch of writ petitions were filed by holders of lands assigned under the Kerala Government Land Assignment Act, 1960 and the Kerala Land Assignment Rules,1964 WP(C)No.18438/2013 5 challenging order of cancellation of quarrying permits by the Geologist based on the directions of the Land Revenue Commissioner. In some of the cases, stop memos were issued by the Geologist for stopping the activities of quarrying on the ground that operation of quarrying is in violation of the Land Acquisition Act and Rules thereunder.
9. The learned single Judge considered the issue in WP(C) No.15220/2013 and connected writ petitions. The learned single Judge held that Government lands may be assigned by the Government or the competent authority either absolutely or subject to such restrictions, limitations and conditions as may be prescribed. When Government lands are assigned absolutely, the lands belong to the assignees absolutely without any fetter or burden. The holders of land unless the land is assigned to them absolutely, are bound by the terms and conditions enumerated in the patta.
10. The learned single Judge found that the WP(C)No.18438/2013 6 petitioners in the said writ petitions were granted quarrying permits by the Geologist as though the petitioners have no impediment in carrying out the quarrying operation in the land held by them by virtue of the patta issued under the Land Assignment Rules. The learned single Judge further held that the Geologist or any other Authority cannot interfere with the legal right enured to the petitioner by virtue of land assignment.
11. If the petitioners have violated the conditions of patta, the competent authority is having sufficient power to proceed against the petitioners to cancel/revoke the patta and stop the steps will have to be taken by independent proceedings by an authority. The Geologist will be then free to cancel such licence granted, if the patta is revoked, or cancelled, in accordance with law. In the said writ petitions, the learned single Judge found that cancellation of the quarrying permits by the Geologist on the ground that the petitioners have violated the conditions of patta issued WP(C)No.18438/2013 7 under Land Acquisition Act and Rules is illegal and unsustainable.
12. The counsel on either side submitted that the facts involved in this writ petition are similar to the facts in WP(C) No.15220/2013 and connected cases, disposed of by the learned single Judge on 06.11.2014. In the circumstances, the petitioner herein is also entitled to similar reliefs.
In the result:
i. The writ petition is allowed and the impugned orders are quashed.
ii. The petitioner is free to use the land in his possession in accordance with law. iii. The Geologist is free to take action against the petitioner for cancellation of the quarrying permits, based on any decision taken by the competent authority under the Land Acquisition Rules.WP(C)No.18438/2013
8 iv. The petitioner is also entitled for renewal of quarrying licence in accordance with law subject to initiation of proceedings against the petitioner in accordance with Land Acquisition Act and Rules. No costs.
Sd/-
N. NAGARESH JUDGE ncd WP(C)No.18438/2013 9 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.604/2009- 2010/1576/ M3/2010 DATED 24/02/2010 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM ALONG WITH QUARRYING LEASE DATED 10/03/2010 EXECUTED BETWEEN THE GOVERNOR OF KERALA AND PETITIONER - COMPANY EXHIBIT P1(a) TRUE COPY OF THE ORDER NO.704/2007- 08/M3/2007 DATED 27/12/2007 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM ALONG WITH QUARRYING LEASE DATED 02/01/2008 EXECUTED BETWEEN THE GOVERNOR OF KERALA AND PETITIONER- COMPANY.
EXHIBIT P91(b) EXT.P1(B): TRUE COPY OF THE ORDER NO.114/2006-07/4237/M3/2006 DATED 30/05/2006 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM ALONG WITH QUARRYING LEASE DATED 19/06/2006 EXECUTED BETWEEN THE GOVERNOR OF KERALA AND PETITIONER-COMPANY.
EXHIBIT P2 TRUE COPY OF THE LICENCE NO.A3-23/09-10 DATED 03/04/2009 ISSUED BY SECRETARY, AYYAMPUZHA GRAMA PANCHAYAT TO THE PETITIONER-COMPANY.
EXHIBIT P3 TRUE COPY OF HE LICENCE IN FORM-4 DATED 1/12/2012 ISSUED BY JOINT DIRECTOR OF FACTORIES AND BOILERS ERNAKULAM FOR A PERIOD UPTO 31/12/2013 TO THE PETITIONER-COMPANY.
EXHIBIT P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE THE CRUSHER NO.PCB/HO/EKM/ICO/03/2013 DATED 30/01/2013 WHICH IS VALID UPTO 30/06/2015 ISSUED IN FAVOUR OF THE WP(C)No.18438/2013 10 PETITIONER -COMPANY OF KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE/AUTHORISATION/REGISTRATION (RENEWAL) OF THE QUARRY NO.PCB/ EKM/DO- 1/ ICO-R-QR-44/2013 DATED 18/03/2013 ISSUED BY THE ISSUING AUTHORITY OF KERALA STATE POLLUTION CONTROL BOARD, COCHIN - 682 020.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.2200/M3/2013 DATED 12/03/2013 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY TO THE PETITIONER- COMPANY.
EXHIBIT P7 TRUE COPY OF THE EXPLOSIVE LICENCE NO.E/SC/KL/22/ 368(E11870) DATED 12/12/2002 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVE, SOUTH CIRCLE, CHENNAI TO THE PETITIONER-COMPANY.
EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE NO.DEO DATED 20/06/2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER ON 19/07/2013 EXHIBIT P9 TRUE COPY OF THE LETTER NO.LR A2- 18309/13 DATED 09/05/2013 OF 2ND RESPONDNT TO 3RD RESPONDENT SERVED ON THE PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 20/7/2013 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE SALE DEED NO.3436/2009 EXECUTED IN FAVOUR OF THE PETITIONER ON 28/10/1998 FROM ONE POULOSE AND HIS WIFE ANNA.
EXHIBIT P12 TRUE COPY OF THE PATTAS IN RESPECT OF THE SAID PROPERTY NO.PF 290/1976 AND PF 90/77 ISSUED UNDER RULE 9(2) OF THE KERALA LAND ASSIGNMENT RULES.WP(C)No.18438/2013 11
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 07/04/2010 IN WPC NO.10589/2010 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 1/12/2011 IN W.A NO.1164 OF 2010 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 09/12/2011 IN CC NO.20120/2011 OF THE HON'BLE SUPEREME COURT OF INDIA.
EXHIBIT P16 TRUE COPY OF THE INTERIM ORDER DATED 21/06/2012 IN WPC NO.15746/2013 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.