Environmental Protection Forum vs State Of Kerala

Murali Purushothaman,J.

Environmental Protection Forum, a registered organisation, has filed this public interest writ petition for the following reliefs:

“a. Issue a writ of mandamus or other appropriate writ or order directing the respondent Nos.1 to 8 to take necessary action to stop the quarrying activities conducted by the respondent No. 9 and 10 in the landed property having an extent of 3.971 Hectares of land in resurvey numbers 407/4, 410/4-3, 410/1-2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1-3, 410/1-1-2, 410/7-1, 410/8-1, 410/9, 410/5-1, 410/4-1-1 (block no.28) of Arackappady and re-sy no.301/2-2 (block no 29) of Mazhuvannoor village.

b. Issue a writ of mandamus or other appropriate writ or order directing the respondent No. 4 and 5 to not renew the Exhibit P4 Environmental Clearance.

c. Direct the respondent Nos. 2 to 5 to take effective steps to assess and quantify the exact quantity of granite stones illegally and illicitly quarried by the respondent No. 9 firm from the landed property having an extent of 3.971 Hectares of land in resurvey numbers 407/4, 410/4-3, 410/1-2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1-3, 410/1-1-2, 410/7-1, 410/8-1, 410/9, 410/5-1, 410/4-1-1 (block no.28) of Arackappady and re-sy no.301/2-2 (block no 29) of Mazhuvannoor village, by using the assistance of a Recognised Qualified Person (RQP) attached to the Mining and Geology Department and using Total Station or GPS surveying or survey using appropriate latest equipments, and technologies and direct the said respondents to take appropriate action against the respondent No. 9 for illicit and illegal extraction of granite stones.

d. Direct the respondent Nos. 2 and 3 not to further grant or renew any quarrying permit or lease submitted by the respondent Nos. 9 to 12 firm with respect to the landed property having an extent of 3.971 Hectares of land in resurvey numbers 407/4, 410/4-3, 410/1-2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1-3, 410/1-1-2, 410/7-1, 410/8-1,410/9, 410/5-1, 410/4-1-1 (block no 28) of Arackappady and re-sy no.301/2-2 (block no 29) of Mazhuvannoor village.”

Short facts leading to the filing of the writ petition are as follows:

2.1. The petitioner is an organisation registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. Respondent Nos.9 and 10 are carrying out illicit and excessive granite building stone quarrying activities in the landed property having an extent of 3.971 hectares of land in resurvey numbers 407/4, 410/4-3, 410/1-2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1-3, 410/1-1-2, 410/7-1, 410/8-1, 410/9, 410/5-1, 410/4-1-1 (block no.28) of Arackappady village and re-sy no.301/2-2 (block no.29) of Mazhuvannoor village since 2013 under cover of quarrying permits, quarrying lease order and environmental clearance. It is submitted that the said illegal and illicit quarrying activities are presently conducted under the guise of holding Exhibit-P3 quarrying lease order and Exhibit P4 environmental clearance.

2.2. Prior to getting the aforesaid quarrying lease order in 2018, respondent No.9 used to carry out quarrying activities in a smaller part of the said landed property, i.e., in 70.70 Ares in re-sy no. 410/10 (Block No. 28) of Arackappady village by virtue of Exhibits P5, P6 and P7 quarrying permits. The said illegal and excessive quarrying is conducted with the active connivance and support of all the regulating authorities, especially the Geologist. This is evident from the fact that the quarrying permits were continued to be given illegally until 15.11.2016 without following the mandate by the Hon’ble Apex Court. Later, respondent No.2 also issued Exhibit P3 quarrying lease order in respect of a larger area without taking into account the excessive extractions done by respondent No. 9 in connection with the earlier permits.

2.3. The petitioner reliably learnt that, at present, about 3000 MT of granite stones are being quarried on daily basis. In the above circumstances, the petitioner submitted Exhibits P8 to P10 representations before the concerned authorities, raising the said issues and requesting them to stop all the quarrying activities of respondent Nos.9 and 10 in the said landed property by cancelling the quarrying lease order and environmental clearance. The petitioner had also requested the said authorities to carry out a proper assessment by a recognised qualified professional using appropriate latest technology and equipment, including a Total Station or GPS Survey, with regard to the extent of the illegal quarrying conducted by respondent No.10. Prior to submission of the aforesaid representations, the petitioner had preferred several complaints before many authorities including respondent Nos. 2 and 3 and was successful in causing some pressure to respondent No.3 as he understood that if no action is initiated, he will also be proceeded against legally for facilitating the illegal quarrying activities of respondent No.9. In pursuance of the same, respondent No.3 issued Exhibit P14 show cause notice and Exhibit P15 demand notice to respondent No.9 and he was made to pay a fine for illicit extraction as evidenced by Exhibit P16 receipt. The issuance of the said notices and preparation of the rectification plan by respondent No. 9 on his own assessment, is simply hogwash.

2.4. Earlier also, when nearby residents had raised an issue against the excessive quarrying, respondent No.3, in order to save face and to prevent the agitated persons from approaching larger authorities and the court, without any proper assessment, had directed respondent No. 9 to remit certain amounts for doing excessive and illegal quarrying. In fact, the quantity of granites said to have been quarried in excess as per the said rectification plan, demand notice and receipts is just a minuscule portion of the actual quantity quarried in violation and excess of the respective permit, order, clearance etc. Respondent Nos. 4 and 5 are also not carrying out proper post-environmental clearance monitoring as contemplated in the Environment Impact Assessment Notification, 2006. Respondent Nos. 2 and 3 have also not even taken any steps to assess and quantify the exact quantity of granite stones illicitly extracted by respondent No. 9.

2.5. It is stated that, presently, the period of Exhibit P4 Environment Clearance has expired, and respondent Nos. 9 and 10 have applied for its renewal. Considering the said illegal and illicit extraction, respondent Nos. 4 and 5 ought to refrain from renewing the Environmental Clearance. The said illicit and illegal quarrying has a huge adverse impact on the environment and the quality of the lives of the residents. Hence, respondent Nos. 2 to 5 and 8 ought to take steps to stop all the quarrying activities in the said landed property. It is also highly necessary that respondent No. 2 takes appropriate steps for a Total Station or GPS survey using the appropriate latest equipment, and technologies for assessing the exact quantity of stones illegally extracted by respondent No.9 with the help of a recognised qualified person attached to the Mining and Geology Department. Hence, the writ petition is filed.

When this writ petition came up for admission on 18.01.2023, we directed the Director, Mining and Geology Department, Thiruvananthapuram, respondent No.2, to cause inspection of the quarry sites, make an assessment using the latest technology and submit a report, as regards the extent of land permitted to be quarried and extent of material excavated, if any, beyond the permissible limit. The Director, Mining and Geology Department was also directed to ascertain whether respondent Nos. 9 and 10 have any environmental clearance, if required.

Accordingly, the Director of Mining and Geology Department filed a statement dated 02.02.2023 and paragraph No.3 of the said statement reads thus:-

“The Director of Mining and Geology had granted a quarrying lease for extraction of Granite Building Stone from 3.9471 hectares of land comprised in Re-Survey No. 407/4, 410/4-3, 410/1-2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1, 410/1-1-2, 410/7-1, 410/8-1, 410/9, 410/5- 1, 410/4-1-1 of Arackappady village and Re-survey No. 301/2-2 (Block No.29) of Mazhuvannoor Village Kunnathunad Taluk,Ernakulam for a period of 11 years from 17.02.2018 to 16.02.2029. Since the quarry was about to complete the first five year of its mining plan period, the quarry was jointly inspected by the Geologist, District Office, Ernakulam and Taluk Surveyor, Kunnathnad and it was seen that quarrying operations were being conducted in violation of the quarrying lease and mining plan conditions, without the formation of benches. Minerable reserves in the quarry has expired on 29.12.2022. The quarry is at present not working. The quarry owner has requested to cancel the Quarrying Lease granted to him and has expressed his willingness to submit Final Quarry Closure Plan. The District Collector, Ernakulam also, based on complaints received about the illicit mining going on in the quarry, has ordered a contour survey of the quarry. Based on the sketch obtained after the completion of the survey, this respondent shall calculate the quantum of illicit extraction of granite building stone and shall proceed against the lease as per the provisions in the Kerala Minor Mineral Concession Rules, 2015.”

It was also stated that the Director of Mining and Geology has issued Annexure R3(b) order on 31.01.2023 constituting a team of officers to visit the site on 04.02.2023.

When this writ petition came up for further consideration on 01.02.2023, the learned Senior Government Pleader submitted that based on complaints received about illicit mining going on in the quarry, the District Collector, Ernakulam has ordered a contour survey of quarry and based on the sketch to be obtained after completion of the survey, the Director, Mining and Geology will calculate the quantum of illicit extraction of granite building stone and will proceed against the lessee as per the provisions of the Kerala Minor Mineral Concession Rules, 2015.

Based on our direction in the order dated 18.01.2023, the learned Senior Government Pleader has filed a memo dated 10.02.2023 producing the inspection report of the Director, Mining and Geology dated 09.02.2023, which reads as follows:

“It is humbly submitted that the writ petition was filed seeking a direction from this Hon ble High court to stop the illegal quarrying activities conducted by the respondent numbers 9 and 10 beyond the permissible limit laid down in the respective quarrying lease order and Environmental Clearance. The Hon’ble High court on 18/1/2023 directed this respondent to conduct a site inspection and to make an assessment using the lastest Technology and submit a report, as regards the extend of land permitted to be quarried and extent of material excavated if any beyond the permble limit.

It is submitted that a quarrying lease was granted to Shri. PV Santhosh, 41 (14/432) Pandirikottil House 4. Valamboor, North Mazhuvannoor PO, Ernakulam- 686689 to quarry Granite (Building Stone) an area of 3.9471 Hectares of land comprised in Re-Survey No. 407/4, 410/4-3, 410/ 2, 410/2-2, 410/2-3, 407/3-2, 410/3-2, 410/4-2, 402/5-2, 410/10, 410/4-1-2, 410/4-1, 410/1-1-2, 410/7--1, 410/8-1, 410/9, 410/5- 1, 410/4-1-1 (Block No. 28) of Arackappady village and Re-survey No. 301/2-2 (Block No.29) of Mazhuvannoor Village Kunnathunad Taluk,Ernakulam District vide Pro Order No 719/2017-18/ 11293/ M3/ 2016/ DMG dtd 02.02.2018 having validity up to 16/02/2029. Along the quarrying lease the lease holder had procured all the statutory licenses required for mining of granite building stone in the permitted area. The validity of the Environmental Clearance (Annexure 1) has been expired on 28/12/2022 and at present the quarrying operation was temporarily stopped.

In obedience to the interim order dated /2023 of the Hon'ble High court the team constituted by the Director of Mining and Geology along the District Geologist,Ernakulam conducted site inspection in the alleged quarry on 4/2/2023 to verify the averments raised by the petitioner. The team includes Sri. Devidas N IAS; Director of Mining and Geology, Sri. M C Kishor; Deputy Director II of Mining & Geology, Dr. N.B Preeja Geologist, Directorate of Mining & Geology, Dr. Sooraj S, Geologist Kerala Mineral Squad, Central Region, Smt. Priya Mohan, Senior Geologist, Mining & Geology District Office, Ernakulam and the Surveyor of Mining and Geology, Shri Maneesh C. At the time of inspection the Lease holder Sri. P.V. Santhosh was also present in the quarry. A site mahazar was prepared during the site inspection( Annexure-2).

Findings

On inspection, the team found that the mining activity was carried out within the permitted area and the all the boundary pillars are fixed according to the survey map.

The buffer zone of 7.5 meters to be retained around the boundary areas of the quarry has been mined out in the northern side.

Proper benches has not been constructed in the quarry as per the approved mining plan.

The team found a new road was constructed inside the quarry on the eastern side excavating the buffer zone.

On inspection the team noticed that there are 5 other quarries working around the alleged quarry.

Meanwhile the Director of Mining and Geology instructed the surveyor of the Department of Mining and Geology to conduct digital survey to quantify the extent of granite building stone excavated from the above quarry site. The survey team started the work on 4/2/2023 and the Director instructed the survey team to submit the report within 2 days. The surveyor submitted as survey sketch (Annexure-3) on 07/02/2023, after completing the digital survey of the above area. Based on the above report the extent and quantity of granite building stone beyond the permissible quantity has been calculated.

Calculation

a) Total GBS excavated from the quarry as per digital survey report of surveyor= 13,94,674 MT

b) Total Production of GBS as per KOMPAS PORTAL (2018 to 2023)= 2,46,822 MT

c) Fine realized for illicit extraction of GBS (quantity)=1,20,750 MT

d) Quantity of GBS illicitly extracted from the quarry= a-(b+c) = 10,27,102 MT.”

The learned Senior Government Pleader has also produced the digital survey report of the Surveyor mentioned in the aforesaid inspection report of the Director of Mining and Geology.

A counter affidavit dated 16.03.2023 is filed by respondent Nos. 9 and 10 stating that they have not conducted any illegal activity as alleged in the writ petition. It is stated that though Exhibit P3 quarrying lease comes to an end only on 16.02.2029, they have stopped the quarrying activities based on the said permit. It is also stated that they do not intend to conduct any quarrying operation at present and that they have not made any application for renewal of environmental clearance. They have also denied that they have extracted granite stones beyond the permissible limits.

The petitioner has filed a reply affidavit to the counter affidavit filed by respondents 9 and 10 traversing the averments therein.

Having considered the pleadings of the parties and the inspection report submitted by the Director of Mining and Geology, we dispose of this writ petition, directing the Director of Mining and Geology to take further appropriate action based on the inspection report dated 09.02.2023, 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.