Search Results Page
Search Results
1 - 5 of 5 (0.27 seconds)Section 232 in Kerala Panchayat Raj Act, 1994 [Entire Act]
All Kerala River Protection Council vs State Of Kerala on 5 October, 2021
In this regard it is relevant to note that this Court
in Najeeb v Shoukath Ali (2015(3) KLT 396) has clarified
a previous decision of the Division Bench in All Kerala
WPC No.16007/2015 7
River Protection Council v State of Kerala (2015(2)
KLT 78) in which it is held that after the judgment in
Deepak Kumar v Union of India(2012(4) SCC 629) and
the Government notification issued on 18.5.2012, no
mining operation either by mining lease or mining permit
is permissible without obtaining environmental clearance.
However, the Division Bench has held that in so far as
mining leases which were existing at the relevant time is
concerned, environmental clearance was not required till
the leases come for renewal.
M.K.Najeeb vs Shoukath Ali on 7 July, 2015
In this regard it is relevant to note that this Court
in Najeeb v Shoukath Ali (2015(3) KLT 396) has clarified
a previous decision of the Division Bench in All Kerala
WPC No.16007/2015 7
River Protection Council v State of Kerala (2015(2)
KLT 78) in which it is held that after the judgment in
Deepak Kumar v Union of India(2012(4) SCC 629) and
the Government notification issued on 18.5.2012, no
mining operation either by mining lease or mining permit
is permissible without obtaining environmental clearance.
However, the Division Bench has held that in so far as
mining leases which were existing at the relevant time is
concerned, environmental clearance was not required till
the leases come for renewal.
Deepak Kumar vs Union Of India And Ors on 23 September, 2010
In this case, the mining
lease obtained by the petitioner is continuing and
therefore, there cannot be any question of environmental
clearance as stated in the Deepak Kumar's case (supra).
Here, the petitioner has obtained permission from the
Government on the strength of Ext.P1 quarrying license
which is valid up to 24.1.2021. He has also obtained all
other clearances from the concerned authorities. The
rejection of the petitioner's application for license is quite
untenable in the light of what has been stated above.
Therefore, the petitioner is entitled to get the relief as
WPC No.16007/2015 8
prayed for.
1