IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24194 of 2009(S)
1. STATE HUMAN RIGHTS PROTECTION CENTRE
... Petitioner
Vs
1. STAT OF KERALA, REP. BY CHIEF SECRETARY
... Respondent
2. THE PRINCIPAL SECRETARU, MINISTRY
3. THE SECRETARY LOCAL SELF GOVERNMENT
4. MEMBER SECRETARY STATE HUMAN RIGHTS
5. THE DIRECTOR, MAINING AND GEOLOGY
6. THE CHAIRMAN, KERALA STATE POLLUTION
For Petitioner :SMT.SANDHYA RAJU
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :19/11/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
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W.P.(C) No.24194 of 2009
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Dated this the 19th day of November, 2009
JUDGMENT
S.R.Bannurmath, C.J.
This public interest litigation is filed by the State
Human Rights Protection Centre alleging non compliance of
safety measures by the mine owners and quarry owners and
the Government in abandoning the mines and quarries by
making them dangerous to the general public and as such a
direction is sought from this Court to be issued to the
respondents to identify the abandoned mines and quarries in
the State and to maintain safety protocols in the area.
2. After issuance of notice, the Joint Secretary to
Government, Industries Department who is conversant with
the facts has filed a counter affidavit, inter alia, contending
that prima facie there are no acts of negligence on the part of
the respondents in relation to maintaining safety measures
in the mines and quarries and proper care and caution is being
taken. However, so far as the abandoned mines and quarries
are concerned, noting the fact that there is irregularity in not
taking safety measures by proper filling, the mineral
W.P.(C) No.24194 of 2009
– 2 –
concessions are being granted only after ensuring the
reclamation/fencing of the pits and necessary measures as
required under Rule 23(5) of the Kerala Minor Mineral Concession
Rules, 1967 and imposition of a condition on the lessee not to
abandon a mine or part thereof unless final mine closure plan is
approved by the authorities concerned are being implemented
strictly. It is also ensured that apart from such undertaking,
financial assurance in the form of bank guarantee at the rate
fixed by the Public Works Department is also being collected and
every step to safeguard the public from the abandoned mines
and quarries is being undertaken.
3. Noting the steps taken by the respondents in
safeguarding the public from the abandoned mines and quarries,
in our view, satisfactory action is being taken and as such we no
longer keep the matter pending on the file of this Court.
However, we direct the concerned officials to strictly implement
the policy decision as well as follow the Rules and even make it
compulsory for mine owners and quarry owners to ensure safety
measures while abandoning mines and quarries or portion
thereof and unless such compliance is there, the mine owner or
W.P.(C) No.24194 of 2009
– 3 –
quarry owner should not be let off loosely. It is also directed
that the Government shall take all necessary steps to make the
already abandoned mines and quarries safe and take all
precautionary measures to avert further danger to the public.
With these observations the writ petition stands
disposed of.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns/vku.