Decided on November 01,2017

A.K.Velayudhan Appellant
Black Diamond Rock Products Respondents


K.VINOD CHANDRAN,J. - (1.) The petitioner seeks for a declaration that the prior sanction of the 3rd respondent under Section 10(2) of the Kerala Irrigation and Water Conservation Act, 2003 is mandatory for the functioning of the 1st respondent's quarry for which Ext.P3 Environmental Clearance has been issued. The petitioner's challenge against the quarrying carried on by the 1st respondent is on two counts. The petitioner submits that the Edamalayar Irrigation Canal passes to the left of the quarry at a distance of 169.13 meters as evidenced by Ext.P1 Google map. It is also contended that a Water Tank supplying drinking water under the Thattupara - Amalapuram Drinking Water Scheme is also within a distance of 717.44 meters as seen from Ext.P2.
(2.) The 1st respondent admittedly has not obtained any permission under the Kerala Irrigation and Water Conservation Act which under Section 40(2) provides as under:- "Notwithstanding anything contained in any other law for the time being in force, no person shall, without the written permission of the Irrigation Officer, conduct mining or quarrying operation using explosives within a radius of one kilometre of any bridge, dam, check dam or any other work, structure or construction, owned, controlled or maintained by the Government, a local authority or any other authority."
(3.) It is also submitted that the 1st respondent on making an application for environmental clearance made a false declaration insofar as indicating Canal or Check Dams or reservoirs or lake or ponds being only at a distance of 5.5km; specifically the Periyar River.;

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