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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941
WP(C).No. 19555 of 2015
PETITIONER:
INDU S.,
AGED 23 YEARS
KADAMPOLIL, B.T.S.ROAD, EDAPPALLY P.O.,
KOCHI-682 024, KERALA.
BY ADVS.
SRI.K.N.SASIDHARAN NAIR
SRI.LEO GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY
MINISTRY OF ENVIRONMENT AND FORESTS,
GOVERNMENT OF INDIA, PARYAVARAN BHAVAN,
CGO COMPLEX, LODI ROAD, NEW DELHI-110 003.
3 PRINCIPAL SECRETARY TO GOVERNMENT
REVENUE (P) DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER OF LAND REVENUE
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
BY ADVS.
BY SR.GOVERNMENT PLEADER SRI.SURIN GEORGE IPE.
SMT.MINI GOPINATH, CGC
SMT.MINI GOPINATH CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19555 of 2015
2
JUDGMENT
Hrishikesh Roy, C.J.
Heard the learned counsel Sri.K.N.Sasidharan Nair appearing for the petitioner. The respondents are represented by the learned Senior Government Pleader Sri.Surin George Ipe.
2. Claiming to be a conscious citizen, the petitioner has approached the court with this Public Interest Litigation challenging the Government orders (Ext.P5 series) on the River Bed Sand Mining permission, accorded under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with the Rules 2002, framed thereunder.
3. The learned counsel for the petitioner refers to Deepak Kumar and Others v. State of Haryana and Others reported in (2012) 4 SCC 629 to point out that the Supreme Court had issued various directions for extraction of River Sand, including securing of Environmental Clearance for any such mining activity. Mr.Sasidharan Nair also refers to the Guideline issued on 24.12.2013 (Ext.P4) by the Ministry of Environment and Forests, detailing the conditions under which sand mining projects are to be sanctioned. According to the petitioner, the Government of Kerala has failed to discharge its responsibility, by not insisting on the Environmental Clearance for River Sand Mining.
4. The learned Government Pleader Sri.Surin George Ipe on the other hand adverts to the Government Order dated 21.2.2014 (Ext.R3(a)) and the follow up order dated 19.3.2014 (Ext.R3(b)) to point out that the Kerala Government has taken adequate precautionary measure to allow sand mining on the River Beds, in accordance with the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read the Rules. He specifically projects that only after Environmental Clearance is secured, final sanction for sand mining is accorded by the authorities. According to WP(C).No. 19555 of 2015 3 him, river sand is allowed to be extracted only with adherence to the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1984, the Biological Diversity Act, 2002, the Kerala Conservation of Paddy Land and Wetland Act, 2008 and all the Statutory Rules and Notifications.
5. In the above context, the Government's communication dated 16.7.2015 (Ext.R3(d)), addressed to the District Collector(s) indicates that obtaining the Environmental Clearance is made mandatory, from the State Environment Impact Assessment Authority, before the river sand mining is sanctioned by the authority. The State Government appears to be following the direction in Deepak Kumar (supra) and have regulated the River Bed Mining activities as per the statutory norms as also the Guideline issued by the Ministry of Environment and Forests. The impugned Government order dated 6.6.2015 (Ext.P5) as can be noted was valid, for three years and has spent its force by now.
6. Considering the above and in the absence of any material warranting us to issue any further direction, we deem it appropriate to close this case. However, liberty is granted to the petitioner to highlight through appropriate measures, specific instances of violation of the statutory norms as also the Supreme Court's directions, in the conduct of River Sand Mining in the State of Kerala.
7. With the above order, the case stands disposed of.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K.Jayasankaran Nambiar, Judge vpv WP(C).No. 19555 of 2015 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF D.O.LETTER NO.Z-11012/3/2009-IA.II(M) OF THE UNION MINISTER FOR ENVIRONMENT AND FORESTS TO THE CHIEF MINISTERS DTD.1.6.2010. EXHIBIT P2 COPY OF LETTER NO.296/7/2000/MRC OF THE MINISTRY OF MINES TO THE STATE GOVERNMENTS DTD.16.5.2011.
EXHIBIT P3 COPY OF THE JUDGMENT RENDERED BY THE HON'BLE SUPREME COURT IN DEEPAK KUMAR VS. STATE OF HARYANA, DTD.27.2.2012.
EXHIBIT P4 COPY OF THE OFFICE MEMORANDUM BEARING NO.J-
13012/12/2013-IA-II(I) OF THE MINISTRY OF ENVIRONMENT AND FORESTS DTD.24.12.2013.
EXHIBIT P5 COPY OF THE ORDER OF THE 3RD RESPONDENT BEARING GO(MS)NO.231/15/RD DTD.6.6.2015.
EXHIBIT P5(A): COPY OF THE ORDER OF THE 3RD RESPONDENT BEARING GO(MS)NO.226/15/RD DTD.6.6.2015.
EXHIBIT P5(B): COPY OF THE ORDER OF THE 3RD RESPONDENT BEARING GO(MS)NO.229/15/RD DTD.6.6.2015.
EXHIBIT P5(C): COPY OF THE ORDER OF THE 3RD RESPONDENT BEARING GO(MS)NO.232/15/RD DTD.6.6.2015.
EXHIBIT P5(D): COPY OF THE ORDER OF THE 3RD RESPONDENT BEARING GO(MS)NO.233/15/RD DTD.6.6.2015.
RESPONDENTS' EXHIBITS:
EXT.R3(a) TRUE COPY OF HTE ORDER DATED 21.2.2014. EXT.R3(b) TRUE COPY OF THE ORDER DATED 19.3.2014. EXT.R3(C) TRUE COPY OF GOVERNMENT LETTER DTD. 23.4.15. EXT.R3(d) TRUE COPY OF THE LETTER DATED 16.7.2015.
/TRUE COPY/ P.A. TO JUDGE