Association For Environmental … vs The District Collector on 2 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13994 of 2008(S)


1. ASSOCIATION FOR ENVIRONMENTAL PROTECTION
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE
                       ...       Respondent

2. THE SECRETARY

3. GEOLOGIST

4. BASHEER, KALATHINKAL HOUSE

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  :SRI.SAJEEV KUMAR K.GOPAL

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :02/06/2008

 O R D E R
                 J.B.Koshy & P.N.Ravindran, JJ.
                =====================
                    W.P(C).No. 13994 of 2008
                =====================

             Dated this the 2nd day of June, 2008.

                            JUDGMENT

Koshy,J.

The petitioner association is a registered organisation

formed for the purpose of protecting the environment. The

fourth respondent has obtained a licence in the year 2005 for

mining. It is the contention of the petitioner that due to the

mining, pits were formed in the paddy field. The fourth

respondent had not filled up the pits formed due to excavation.

It is also contended that instead of filling the pits, he is filling the

neighbouring paddy fields. Therefore, this Court directed the

Geologist to file a report. The Geologist filed a report stating that

in the land in question for the last two decades, there was no

cultivation. The land is a water logged pit due to earlier mining

activity and at the time of inspection, the same was already filled

up with red earth and only a balance area of 30 cents was yet to

be filled up. On the eastern side of the boundary of the property

WP(C) 13994/08 -: 2 :-

of the fourth respondent, he has constructed a granite parapet

and a pathway is seen newly formed for the purpose of unloading

red earth. It is also stated that the filling activities are seen

carried out by the fourth respondent in the lands where pits were

formed and water logged area due to earlier mining activity. The

said activity will not affect the environment and ecology of the

area.

In view of the report of the Geologist, this Writ Petition is

dismissed.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

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