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Showing contexts for: quarrying in Nature Lovers' Forum Aged 41 Years vs State Of Kerala on 16 April, 2012Matching Fragments
2. Brief facts of the case as emerged from the pleadings of the parties are as follows:
W.P(C) No.34463 of 2015 (Nature Lovers' Forum, Thiruvananthapuram v. State of Kerala and Others):
3. Petitioner, a voluntary organization, registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Act, 1955, in this Writ Petition has raised an environmental issue affecting public interest. Petitioner's case is that the Apex Court in Deepak Kumar and Others v. State of Haryana and Others ([2012] 4 SCC 629) has issued various directions for protecting the environment and ecology. The Apex Court had further directed that lease of area less than 5 hectares be granted/renewed only after getting environmental clearance. The Apex Court further directed all the State Governments to frame Rules incorporating the model guidelines issued by the W.P(C) No.34463 of 2015, etc. Ministry of Environment and Forests. The Apex Court directed the State Governments to incorporate regulatory regime for grant of lease of minor minerals of an area less than 5 hectares. The State Government in pursuance of the Notification has framed the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as "the 2015 Rules") on 07.02.2015. The 2015 Rules provides for grant of lease/permit of minor minerals after obtaining environmental clearance. Proviso to Rule 12 provided that environmental clearance required under Rule 9 shall not be insisted in the case of renewal of quarrying permits in respect of quarries which had a valid permit as on the 9th day of January, 2015. The said proviso was amended by Notification dated 19th May, 2015 wherein in the place of the words "in respect of quarries which had a valid permit as on 9th day of January, 2015" the words "in respect of granite (building stone) quarries which had a valid permit during the financial year 2014-15" have been W.P(C) No.34463 of 2015, etc. substituted. Further amendment has been made by Notification dated 05.10.2015 to the second proviso by which in the place of the second proviso, a new proviso had been inserted which provides that "the mining plan and environmental clearance required under Rule 9 shall not be insisted in respect of renewal of quarrying permits of granite (building stone) quarries which had quarrying permits under the Kerala Minor Mineral Concession Rules, 1967 on or before 26.02.2012". Petitioner challenges the Notification dated 05.10.2015 alleging that the Notification has been issued brazenly with impunity for serving its own end for exploiting the minerals by grant of mining leases/permits in violation of the Notification issued by the Ministry of Environment and Forests (for short, "the MoEF) and in disobedience of the order passed by this Court in W.P (C) No.31148 of 2014 and the directions issued by the Apex Court in Deepak Kumar's case (supra). Petitioner prayed for the following reliefs:
"i) Declare that the substitution of words and figures in W.P(C) No.34463 of 2015, etc. the first proviso of Rule 12 of Kerala Minor Mineral Concession Rules, 2015 that "in respect of granite (building stone) quarries which had a valid permit during the financial year 2014-15" as per S.R.O. No.335 of 2015 dated 19.05.2015 and substitution of words and figures in the first and second proviso of Rule 12, that the mining plan and environmental clearance required under Rule 9 shall not be insisted in respect of renewal of quarrying permits of granite (building stone) quarries which had quarrying permits under the Kerala Minor Mineral Concession Rules, 1967 on or before 26.02.2012", as per S.R.O. No.671 of 2015 dated 05.10.2015 is illegal, without jurisdiction and ultra vires the Notifications issued by the Central Government under the Environment (Protection) Act, f1986 and the Environment (Protection) Rules, 1986 and unconstitutional.
ii) Grant such other reliefs that may be deemed fit to this Honourable Court in the interest of justice".
W.P(C) No.33463 of 2015 (The Greenstep Nature Society, Kottayam v. State of Kerala and Others).
4. Petitioner is a registered Society formed by a group of nature loving persons at Ramapuram in Kottayam District with the object of protection from uncontrolled exploitation of natural resources. Petitioner pleads that under the Kerala Minor Mineral Concession Rules, 1967 (for short, "the 1967 Rules"), W.P(C) No.34463 of 2015, etc. unscientific extraction of minor mineral was going on in the State. Noticing the alarming situation, the Apex Court in Deepak Kumar's case (supra) directed to modify the Rules by all the States by incorporating necessary conditions for environmental clearance for mining activities as recommended by the MoEF. Suggestions were invited by the State Government for amending the Rules. Petitioner claimed to have given its suggestions. Petitioner also claimed to have filed W.P(C) No.1496 of 2015 which Writ Petition was disposed of by a learned Single Judge on 03.02.2015 observing that if the proceedings to amend the Rules are still to be finalized, submissions made by the petitioner as well might be considered and finalised along with other valid suggestions. Petitioner's case is that there are large number of granite quarries in Ramapuram Panchayat including that of respondents 4 and 5. Petitioner in the Writ Petition has objected to quarrying activities carried on by respondents 4 and 5 which according to the petitioner are trying to be W.P(C) No.34463 of 2015, etc. carried out without obtaining environmental clearance. Petitioner's case is that most of the hills in the area of Ramapuram are being vanished due to the uncontrolled operations of quarries. It is submitted that hills are having vital role in the control of climate in the adjacent areas. It is submitted that removal of surface soil by the operators of granite quarries is the real reason for the uprooting of rocks in the top of the hills. Petitioner in the Writ Petition has referred to various reports including the reports of Tahsildar and Deputy Superintendent of Police forwarded to the District Collector, Kottayam. It is pleaded that there are numerous residential houses including that of the members of the petitioner Society within the dangerous zone of 300 metres from the quarries of respondents 4 and 5. In the peculiar circumstances of Ramapuram Panchayat it is necessary to insist for environmental clearance from the Environment Impact Assessment Authority before granting permits to the granite quarries. Petitioner also relies on a Division W.P(C) No.34463 of 2015, etc. Bench judgment of this Court in All Kerala River Protection Council v. State of Kerala (2015 [2] KLT
"Explanatory Note This does not form part of the notification, but is intended to indicate its general purport) The Kerala Minor Mineral Concession Rules, 2015 were issued under Notification No.G.O (P)16/2015/ID dated 7th February, 2015 and published as per S.R.O. No.72/2015 in the Kerala Gazette Extraordinary No.288 dated 7th February, 2015. In the order dated 27th February, 2012 of the Hon'ble Supreme Court of India, in Deepak Kumar v. Sate of Haryana case ([2012] 4 SCC 629) environmental clearance has been made mandatory for grant/renewal of quarrying leases till the rules are framed by the State Governments and Union Territories as per the directions given by the Court in this order. Considering the particular situation prevailed in the State environmental clearance could not be insisted by the State Government during such period. In the judgment dated 23rd March, 2015 of the Hon'ble High Court of Kerala in W.P(C) No.31148/2014 and other connected cases, the Hon'ble Court has W.P(C) No.34463 of 2015, etc. made it clear that the quarrying permits granted/renewed after 27th February, 2012 without obtaining environmental clearance are not valid. The rule 12 of the above rules was challenged before the Hon'ble High Court in W.P(C) No.31148/2014 and other connected cases and in the judgment dated 23rd March, 2015, the Hon'ble Court has also made it clear that there was no necessity of environmental clearance for issuance of quarrying permit in a area less than or equal to 5 hectares before 27th February, 2012. In order to make the renewal of permits issued before 27th February, 202 possible and to give sufficient time to the existing quarrying permit holders for obtaining environmental clearance and mining plan for applying for quarrying lease, Government have decided to amend rules 12 and 13 of the Kerala Minor Mineral Concession Rules, 2015.