IN THE HIGH COURT OF KERALA, AT ERNAKULAM

Present:

The Honourable Mr. Justice P.K.Balasubramanyan

&

The Honourable Mr. Justice C.N. Ramachandran Nair


Friday, the 19th October, 2001/27th Asvina, 1923



O.P.No...34220...OF 2000-W



Association for Environment Protection Vs. The District Collector and others



This Original Petition having been finally heard on 19/10/2001 the court on the same day delivered the following:


J U D G M E N T
 

BALASUBRAMANYAN, J.

1. This Original Petition is filed by the Association for Environment Protection represented by its Secretary. It is stated that the Association is a registered Organisation intended mainly to protect the Periyar River which is lifeline of central Kerala.

2. The prayers in the Original Petition are for issue of a writ of mandamus directing respondent No.3, the Geologist and the Assistant Geologist, Office of the Mining and Geology, District Office, Kakkanad to grant sanction or permit for the purpose of excavation of earth for brick making or other purposes only after being satisfied that the person to whom the sanction or permit is obtained will be able to comply with the license conditions imposed by the authority under the Kerala Minor Mineral Concession Rules, 1967 and only after ensuring that the necessary sanction under the Kerala Land Utilisation Order, 1967 has been obtained and for other incidental and ancillary relief's. The gravement of the complaint of the petitioner is that indiscriminate permits or sanctions are granted for removal of earth from paddy fields without reference to the protection of the environment and thereby serious harm is caused not only to the environment but also to agriculture as a whole in the State. It is contended that no verification of the site is undertaken before permissions are granted and it is not even being ensured that the requisite permits from the Revenue Divisional Officer or the Geology Department is obtained. It is submitted that respondent No.4, the local authority was also not taking any proper measures to ensure that there is no limitless excavation of paddy fields and other lands within the area of the Panchayat. Subsequently, some of the Panchayats were got impleaded with a view to ensure that the directions issued by this Court are properly implemented by those Panchayats.

3. It is clear from the pleadings and the submissions made that indiscriminate digging up of paddy lands and other lands are going on in the various Panchayats in the State. Most of the diggings obviously violate the provisions of the Kerala Land Utilisation Order. Once a paddy field is dug up to a depth of 5 or 6 feet or even 3 or 4 feet, it ceases to be useful as a paddy field. What is contended by the petitioner in the Original Petition is that agriculture as a whole in the State and especially paddy cultivation has almost come to a stand still resulting in loss of production of the staple food on which the people of the State depend and in that situation, strict directions have to be issued to the Panchayats and to the Geological Department no to permit indiscriminate removal of clay or earth. It is also contended that when the lands are dug up indiscriminately, it impedes the flow of surface water during the rainy season leading to various foreseeable and unforeseeable consequences and in that situation, the relief's prayed for in the Original Petition may be granted. The Panchayats take the stand that while granting licence for manufacturing of bricks or other like articles out of clay or earth, the Panchayats do not give any license for extraction of clay from any land within the panchayat and it is for other authorities to ensure that there is no indiscriminate digging up of land pursuant to the limited permissions granted by the Panchayats. It does not appear that the Geological Department in the State or the revenue officials in the State have been alerted sufficiently to the need for preserving the lands as they are in the interest of ecology and environment. But as far as the Panchayats are concerned, we think that it is necessary to issue a direction to them not to issue any license for manufacture or production of bricks or other articles out of mud, clay or earth unless the person who applies for license indicates to the Panchayat the source from which he proposes to obtain clay, earth or mud. On such disclosure being made, the Panchayat will verify the lands specified and only thereafter grant licenses or permissions under the Panchayat Raj Act for starting or running any industry or manufacture or process based on clay, earth or mud.

4. It appears to us that it is also necessary to direct the District Collectors and the Revenue Divisional Officers to ensure that there is no indiscriminate digging up of paddy lands and other lands in the concerned district. Similarly, the third respondent and the Geological Department are also directed to ensure that no permissions are granted under the Minor Mineral Concession Rules for digging up of paddy lands or other lands without restrictions. The Geological Department is directed to consider what would be the optimum level to which a field can be dug up without affecting its utility as regards the use for which it is at the relevant time put to and to impose such restrictions on the license or permission to be issued under the Mines Act or the Minor Mineral Concession Rules.

5. It appears to us that the State must look into this problem from the point of view of the protection of the environment and also with particular reference to the Kerala Land Utilisation Order. According to the petitioner, once the removal of clay or mud is completed, what are left are deep tank-like depressions which only pose threat to children and cattle during rainy season. Such digging up tends to annihilate agriculture. We cannot say that this submission or behalf of the petitioner is without substance. It is for the State to look into the relevant aspects and to issue directions to ensure that there is no unrestricted or deleterious digging up of paddy and other lands all over the State in the name of extraction of clay or mud or earth for manufacturing or other purposes.

6. We, therefore, allow the Original Petition and issue the following directions:

i. The State of Kerala is directed to look into the relevant aspects and to issue directions to ensure that there is no unrestricted or deleterious digging up of paddy and other lands all over the State in the name of extraction of clay or mud or earth for manufacturing or other purposes.

ii. The Geological Department is directed to ensure that no permissions are granted under the Mines Act or Minor Mineral Concession Rules, for digging up of paddy lands or other lands without restrictions. The Geological Department is also directed to consider what should be the optimum level to which a field can be dug up without impairing its utility as regards the use to which it is at the relevant time put and to impose such restrictions on the licence or permission to be issued under the Mines Act or the Minor Mineral Concession Rules.

iii. The Collectors of the districts and the concerned Revenue Divisional Officers are directed to ensure that there is no indiscriminate digging up of paddy lands and other lands in the concerned district and ensure that directions to be issued by this Court are strictly implemented;

iv. All the Panchayats in the State are directed not to issue any license for manufacture or production of bricks or other articles out of mud, clay or earth unless the person who applies for license specifies in the application, the source from which he proposes to obtain clay, earth or mud. On such disclosure being made, the Panchayat will verify the lands specified and only thereafter grant licenses or permissions under the Panchayat Raj Act for starting or running any industry or manufacture or process based on clay, earth or mud and bearing in mind the relevant laws including the Kerala Land Utilisation Order;

v. There will be a direction to the State, the Collectors of Districts and the Revenue Divisional Officers not to permit digging for the purpose of extraction of clay, earth or mud for manufacture of bricks, tiles and the like, or for filling up of other lands near public roads, railway tracks and near other places which would affect public safety or where the members of the public generally gather.


There will be no order as costs.


Sd/- [P.K.BALASUBRAMANYAN, JUDGE]

Sd/- [C.N.RAMACHANDRAN NAIR, JUDGE]