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Jijith C v. The State Of Kerala And Ors

Jijith C v. The State Of Kerala And Ors

(High Court Of Kerala)

WP(C) NO. 26264 OF 2021 | 05-01-2023

S. Manikumar, C.J.

1. On 4.01.2023, when the matter came up for hearing, by inviting the attention of this court to the proceedings of the Director of Mining and Geology dated 04.01.2023, Mr. K.P. Harish, learned Senior Government Pleader, submitted that quarrying lease granted to respondent No.8 - Mr. V. S. Basheer has been cancelled. Placing on record the submission of the learned Senior Government Pleader, writ petition has been directed to be listed today.

2. On this day, when the matter came up for further hearing, by inviting the attention of this court to the report of Director of Mining and Geology, Thiruvananthapuram, respondent No.2, dated 09.11.2022 and the report of District Police Chief, Kannur, additional respondent No.10, dated 04.11.2022, which we have taken note of vide order dated 13.10.2022, Mr. K.P. Harish, learned Senior Government Pleader submitted that serious irregularities have been committed by the then Director of Mining and Geology and other Department Officials, involved in granting the lease and permitting excavation of materials and transportation.

3. In the above said circumstances, the learned Senior Government Pleader requested this court to grant permission to proceed against them, in accordance with law. Submission of the learned Senior Government Pleader is placed on record.

4. Heard the learned counsel for the parties and perused the material on record.

5. Proceedings of the Director of Mining and Geology dated 04.01.2023 cancelling the quarrying lease read thus:

“Proceedings of the Director of Mining and Geology (Present: Sri. Devidas N. I.A.S.)

Subject:- Department of Mining and Geology- Mines and Minerals- Extraction of Laterite (for Industrial Purpose)- Quarrying lease granted to Sri. Basheer V.S. S/o. Bava Rawther, Manju, Olayil, Thevalli P.O., Kollam District- Cancellation of the Quarrying lease – Reg.

Ref:- 1. Form B Application for Quarrying Lease dated 18.09.2017.

2. Letter from Kannur Geologist vide No. DOC/M-2223/2017 dated 28.09.2017.

3. Pro. Order No. 693/2020-21/8868/M1/2017/ DMG dated 04.03.2021.

4. The Chemical Lab report of this office dated 26.09.2022.

5. Indian Bureau of Mines Notification No. T- 45031/CGBM/2007. (PF) dated 16.10.2009.

6. Indian Bureau of Mines Notification No. C- 284/3/CMG/2017 dated 25.04.2018.

7. Letter from Indian Bureau of Mines No. B- 283(16)/CMG/2017 dated 02.01.2019.

8. Stop Notice of this office even number dated 14.10.2022.

9. Your reply dated 29.10.2022.

10. Hearing Notice of this office even number dated 29.11.2022.

11. Your reply dated 12.12.2022 for hearing. 12. WP(C) No. 26264/2021 dated 18.10.2022.

13. KMMC Rules 2015.

14. MM (D&R) Act 1957.

No.624/2022-23/DMG/736/2022-M5 Date 04-01-2023

ORDER

A Quarrying Lease has been granted vide reference cited (3) to Mr.Basheer V.S. S/o.Bava Rawther, Manju, Olayil, Thevalli P.O., Kollam District for extracting Laterite (for Industrial Purpose) from an area of 4.8564 Hectares of land comprised in Re survey No. 1/1 of Village of Kannur Taluk in Kannur District. According to reference (4), the sample test conducted in the department's chemical lab revealed that the content of alumina in the mineral in the lease area is above 20%. According to the Indian Bureau of Mines notifications under reference (5) and (6), if the content of alumina is above 20%, the above mineral belongs to the category of major mineral. Also in reference (7) letter this office has been informed that the mineral present in the 4.8564 hectares of land belonging to Resurvey No. 1/1, Panapuzha Village, Kannur Taluk, Kannur District belongs to major mineral category. In the above circumstances, a notice has been issued from this office as per reference (8) to show the reason for not cancelling the quarrying lease granted to you under reference (3) and to temporarily stop the operation of the Quary. On the basis of which the reply given by you under reference

(9) is not satisfactory, you have been heard in person under reference (10) to cancel the lease order. The arguments and statement given by you as per reference (11) while appearing in the hearing are not valid as per reference (5), (6) & (7).

As per IBM Notification No. T-45031/CGBM/2007(PF) dated 16/10/2009 and as per IBM Notification No. C-284/CMG/2017 dated 25/04/2018, if Al2O3 Content is more than 20% in such minerals, it belongs to the major mineral category. As per IBM Notitication No. C-284/CMG/2017 dated 25/04/2018, such minerals having Al2O3 Content above 20% is considered as Aluminous laterite, Al2O3 Content above 30% and SiO2 below 7% is considered as bauxite. Both these types of minerals are mentioned as major minerals in the notification. A sample of the mineral from the Lease area that you have given permission for quarrying has been tested in the chemical lab and it has been confirmed that the alumina content is above 20%. According to the notifications it is a major mineral. Also, according to the letter received from the Government of India, Ministry of Mines, Indian Bureau of Mines dated 02.01.2019, it has been informed that the mineral in the 4,8564 hectares of land in Panapuzha village of Kannur Taluk, Kannur District belongs to the major mineral category. Also based on the judgment of the Hon'ble High Court, the solid samples from the lease area given for quarrying have been tested in the chemical lab of the department and the available report has confirmed that the content of alumina is above 20%. In the above circumstances the Quarrying Lease granted to you by this office as per reference (3) is canceled as per reference (14).

Devidas. N. I.A.S.

Director.

To:

Mr.Basheer V.S. S/o.Bava Rawther, Manju, Olayil,

Thevalli P.O., Kollam District.

Copy to: 1) District Collector & Chairman DEIAA, Kannur.

2) Geologist, District office, Kannur.”

6. Report of the Director of Mining and Geology, Thiruvananthapuram, respondent No.2, and the report of District Police Chief, Kannur, additional respondent No.10, have already been considered vide orders dated 13.10.2022 and 18.10.2022. In such circumstances, order passed today, taking note of cancellation of licence, be read in continuation of the above said earlier orders.

7. Reliefs sought for by the writ petitioner have been granted by taking steps, which resulted in cancellation. In such circumstances, there is no need to delve into the rival submissions. However, it is made clear that based on the reports submitted earlier, by the above said authorities, taken note of as aforesaid, it is always open to the Government/ competent authority to proceed, in accordance with law, either to take disciplinary action or take recourse to prosecution, against all those involved in the commission of offences, as well as recovery of royalty, seigniorage, and other charges, as per the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules thereto. Hope that the submission made by the learned Senior Government Pleader, on behalf of the Government before this Court be honoured in letter and spirit.

8. Though not necessary to say, but, it is also made clear that if any action is taken by the competent authority, it is open to respondent No.8 to seek for appropriate remedy.

9. With the above directions, writ petition is disposed of.

10. Pending interlocutory applications, if any, shall stand closed.

Advocate List

  • BABU S. NAIR

  • SR. GOVERNMENT PLEADER SRI. K.P. HARISH K.JAYAKUMAR (SR.) PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH

Bench
  • HON'BLE CHIEF JUSTICE MR.S.MANIKUMAR
  • HON'BLE MR. JUSTICE SHAJI P.CHALY
Eq Citations
  • 2023/KER/586
  • LQ/KerHC/2023/97
Head Note

A. Mining, Quarrying and Allied Laws — Mines and Minerals (Development and Regulation) Act, 1957 — S. 11-A — Quarrying lease — Grant of — Aluminous laterite/Bauxite — Quarrying lease granted for extraction of laterite (for industrial purpose) from an area of 4.8564 hectares of land comprised in Re survey No. 1/1 of Village of Kannur Taluk in Kannur District — Sample test conducted in department's chemical lab revealed that content of alumina in mineral in lease area was above 20% — According to Indian Bureau of Mines notifications, if content of alumina was above 20%, above mineral belonged to category of major mineral — Held, quarrying lease granted to respondent No. 8 — Mr. V. S. Basheer cancelled — Further directed that based on reports submitted earlier, by authorities, taken note of, it is always open to Government/competent authority to proceed, in accordance with law, either to take disciplinary action or take recourse to prosecution, against all those involved in commission of offences, as well as recovery of royalty, seigniorage, and other charges, as per Act and Rules thereto — Constitution of India, Art. 226 (Paras 5 and 7) B. Mining, Quarrying and Allied Laws — Mines and Minerals (Development and Regulation) Act, 1957 — S. 11-A — Quarrying lease — Grant of — Aluminous laterite/Bauxite — Quarrying lease granted for extraction of laterite (for industrial purpose) from an area of 4.8564 hectares of land comprised in Re survey No. 1/1 of Village of Kannur Taluk in Kannur District — Sample test conducted in department's chemical lab revealed that content of alumina in mineral in lease area was above 20% — According to Indian Bureau of Mines notifications, if content of alumina was above 20%, above mineral belonged to category of major mineral — Held, quarrying lease granted to respondent No. 8 — Mr. V. S. Basheer cancelled — Further directed that based on reports submitted earlier, by authorities, taken note of, it is always open to Government/competent authority to proceed, in accordance with law, either to take disciplinary action or take recourse to prosecution, against all those involved in commission of offences, as well as recovery of royalty, seigniorage, and other charges, as per Act and Rules thereto — Constitution of India, Art. 226 (Paras 5 and 7)