Petitioner claims to be owner in possession of 44.80cents of properties in Survey No.555/2 of Kalpakanchery Village. Petitioner approached the Revenue Divisional Officer for permission to level the land for agricultural purposes and also to construct residential building. This was declined as per Ext.P3. It is stated that the petitioner shall obtain environmental clearance for levelling the land. It is challenging Ext.P3, petitioner has approached this Court.
2. Learned Government Pleader submits that large scale of excavation cannot be permitted without obtaining environmental clearance. It is also submitted that there is a large misuse of permission granted for extracting ordinary earth without permission for the purpose of constructing residential building.
3. It is seen from Rule.57(1) of the Kerala Minor Mineral Concession Rules, 1967 (for short, “the Rules”) that in case of levelling the land for construction of residential building and for agricultural and other purposes, the State Government may W.P(C).No.28145 of 2014P 2 grant such permission in terms and conditions that may specify. Therefore, in the light of Rule 57(1) of the Rules, I am of the view, petitioner's request has to be considered without insisting for environmental clearance. The petitioner's case is not for removing ordinary earth to other places, the only request for leveling the land for agricultural purposes and constructing a residential building. If the claim of the petitioner is genuine necessarily, permission shall be granted in terms of Rule 57(1) of the Rules imposing such conditions as may be specified. Needful shall be done within a period of four weeks from the date of receipt of a copy of the judgment by the Revenue Divisional Officer.
The Writ Petition is disposed of as above.
Sd/-
Sbna/06/11/14 A.MUHAMED MUSTAQUE, JUDGE.