These batch of writ petitions are filed by holders of lands, assigned under the Kerala Government Land Assignment Act, 1960 (for short, the “LA Act”) and the Kerala Land Assignment Rules, 1964 (for short, the “LA Rules”). They have approached this Court challenging order of cancellation of quarrying permits granted by the Geologist based on the directions of the Land Revenue Commissioner. In some of the cases, stop memos were issued by the Geologist for stopping the activities of quarrying on the ground that operation of quarrying is in violation of LA Act and LA Rules.
2. The reason for taking action against the petitioners for cancellation of quarrying permits are on the ground that the lands were assigned for the specific purpose like agriculture activities and also on the ground that without obtaining any permission from the competent authority, the lands are being used for quarrying purposes.
3. The LA Act is an Act enacted to provide for the assignment of Government lands. The Government lands may be assigned by the Government or the competent authority either absolutely or subject to such restrictions, limitations and conditions as may be prescribed. When government lands are assigned absolutely, the lands belong to the assignees absolutely without any fetter or burden. When lands are given for certain purposes as enumerated in Rule 4 of the LA Rules framed under the LA Act, the order of assignment of such land is to use it for specific purposes. Rule 8 of LA Rules prescribe conditions of assignment of land on registry. These conditions provide the manner in which the lands have to be used when those were assigned on specific purposes as contemplated under Rule 4 of the LA Rules. The violation of conditions, also calls for cancellation of registry. Appendix I under the Rules is the “form of order of assignment on registry”. The orders of assignment also prescribe the conditions for assignment. Appendix II under the Rules is the “form of patta”. This also enumerates conditions.
4. Thus, the holders of lands unless these are assigned to them absolutely, are bound by the terms and conditions of assignment as enumerated in the patta or in the order of assignment. The petitioners were granted quarrying permits by the Geologist as though the petitioners have no impediment in carrying out the quarrying operation in the land held by them by virtue of the patta issued under the Land Assignment Rules. These licences are now called upon to cancel on the premise that the activities therein are in violation of the conditions in the LA Rules.
5. The Geologist or any other Authority cannot interfere with the legal right enured to the petitioners by virtue of land assignment. If the petitioners have violated conditions of patta, the competent authority is having sufficient power to proceed against the petitioners, to cancel/revoke the patta. This has to be done by independent proceedings by an authority, which is competent under the LA Rules. In collateral proceedings related to quarrying such decision cannot be taken by the Geologist or any other authorities. No doubt, when patta is revoked or cancelled, the Geologist is free to cancel such licence based on such decision. The petitioners are entitled to defend cancellation of assignment in terms of LA Act and LA Rules. The proceedings have to be initiated under the LA Act and LA Rules to cancel the patta. Whether the petitioners have violated conditions of patta or not will have to be determined in such proceedings. Thus, I am of the view that cancellation of the quarrying permits by the Geologist on the ground that petitioners have violated conditions of patta issued under LA Act and LA Rules is illegal and unsustainable.
6. In the result:-
i. The writ petitions are allowed and the impugned orders are quashed.
ii. The petitioners are free to use the land in their possession in accordance with law.
iii. The Geologist is free to take action against the petitioners for cancellation of the quarrying permits, based on any decision taken by the competent authority under the LA Rules.
iv. The petitioners are also entitled for renewal of quarrying licence in accordance with law subject to initiation of proceedings against petitioners in accordance with LA Act and LA Rules. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms