Unnikrishnan vs District Collector, Palakkad And Ors

There is no representation on behalf of the applicant and the records show that the applicant has consistently not been appearing before this Tribunal. However, the respondents have filed reply and are represented by respective counsel.

The applicant has filed a writ petition in W.P.17051 of 2013 before the Hon'ble High Court of Kerala at Ernakulam praying for a direction against the respondents to enquire into the representation dated 3.6.2013, marked as Ex.P3 and also to give direction against the respondents to take immediate and appropriate steps to prevent illegal quarrying done in Ecologicaly Sensitive Zone 1 (ESZ1) of Palakkad District.

This application has been transferred to this Tribunal and numbered as Application No.400 of 2013. In the representation dated 3.6.2013 which is relied upon by the applicant it is stated that in Palakkad District certain villages are declared as Eco-Sensitive Zone - 1 by Madhuv Gadgil Committee in which the quarrying operations and sand mining are totally prohibited. Inspite of the same, illegal activities of sand mining and quarrying are being carried on especially by 5th and 6th respondents. It is in these circumstances the representation was made to prevent illegal quarrying in Palakkad District.

It is relevant to note that the said respondents 5 and 6 inspite of service having been effected have not appeared before this Tribunal.

In the reply filed by the District Collector viz., the first respondent it is stated that inspite of the "Stop Memo" issued it was found by the Village Officer, Palakkayam that the quarries were being operated in violation of the "Stop Memo" issued to three individuals viz., Charlie Joseph, Jolly P. Chacko and Jomon P. Chacko. According to the District Collector, two illegal quarries are operating in Palakkayam in Mannarkkad Taluk. On the basis of the report of the Village Officer, the District Collector has directed the Mining and Geology Department to lift the Stop Memo on the basis that they have obtained specific permission for quarrying and they have obtained permission and licences with a direction to impose certain strict conditions regarding the quantum of explosives ensuring that there should not be environmental problem etc. It is also made clear that as on today no fresh permits are given to any person for quarrying in the Ecologically Sensitive Zone unless the quarrying activity is permitted by the State Level Environental Impact Asxessent Authority. It is stated that the lease will be granted only after the permission issued by the said Authority. It is stated that only after the licences issued by the Mining Department are withdrawn there can be a permanent stoppage of quarrying operations. It is also stated by the District Collector that as the Collector has already taken action based on the representation dated 3.6.2013 the application has become infructuous.

The third respondent Pollution Control Board in its reply has stated that as per OM No.1-4/2012 (RE(Pt) issued by the Ministry of Forest & Environment dated 20.12.2013, 14 Villagees of Palakkad District are brought under the Ecologically Sensitive Zone - I. They are :

Sl.No

Taluk

Village

1

Alathur

Kizhakkancheri - I

2

Chittur

Muthalamada -I, Muthalamada -II & Nelliyampathy

3

Mannarkkad

Pudur, Padavayal, Agali, Kottathara, Kallamala, Sholayur, Palakkayam

4

Palakkad

Malampuzha - I & Puthussery East

The third respondent has ultimately stated that the Board is not issuing "Consent to Operate" for any new quarries in the Ecologically Sensitive Area Villages. It is also stated that 37 quarries were given "Consent to Operate" and their "Consent" have already expired and as on date no one of the said quarries are working. The Board has also stated that it will take all appropriate action to stop illegal quarrying activities in any of the Ecologically Sensitive Zone - I (ESZ -I) in Palakkad District.

Taking into consideration the contention raised by both the respondents 1 and 3, particularly the Board which has stated that out of 37 quarries which were given permission in the Ecologically Sensitive Zone - I (ESZ -I) situated in Palakkad District numbering 14 have already expired and there are no quarrying operations being carried out, we are of the view that the application can be disposed of with certain directions.

1.In the interest of maintaining ecology in 14 villages of Palakkad District as narrated by the Pollution Control Board which are declared as Ecologically Sensitive Zone - I in Palakkad District by the MoEF & CC dated 20.12.2013 no activity of mining or quarrying shall be permitted either by the District Collector by way of licence or by the Department of Mining and Geology.

No existing mining operations whose permits under "Consent" are expired shall be permitted for renewal of "Consent" in the above said zone.

3.The first and third respondents shall take all necessary steps to prevent illegal quarrying in any of the places which are declared as Ecologically Sensitive Zone - I (ESZ -I) and appropriate action in the manner known to law.

The above direction is subject to the subsequent order which may be passed by MoEF & CC regarding the declaration of Ecologically Sensitive Zone - I (ESZ -I) in Palakkad District With the above directions, the application is disposed of.