JOMI C.NIDHEERI v. ELANJI GRAMA PANCHAYAT Country/Territory India Type of court National - higher court Date Mar 5, 2007 Source UNEP, InforMEA Court name High Court of Kerala Seat of court Ernakulam Judge KOSHY, J.B.RAMACHANDRAN NAIR., T.R. Language English Subject Environment gen., Mineral resources, Legal questions Keyword Mining Groundwater Groundwater recharge Abstract A private limited company, proposed to set up an artificial granite and sand manufacturing unit with quarrying operation in Elanji Grama Panchayat. It approached various statutory authorities for permission. All of them granted permits and licences. Pollution Control Board also granted quarrying permit subject to certain conditions for initial setting up of the plant. They have also stated that they will give the final consent only after the trial run. The then President of the appellant panchayat committee granted permission for construction of the factory building. Appeal against the above decision was filed before the Tribunal for Local Self Government Institutions by the local people but the appellate authority directed the Panchayat to issue licence to the fourth respondent for the establishment of the factory incorporating a condition prohibiting extraction of ground water from its area except for drinking purposes and subject to complying with the conditions imposed by the Pollution Control Board and District Medical Officer. Appeal against the above decision was filed before the Tribunal for Local Self Government Institutions by the local people. Tribunal by an interim order allowed the fourth respondent to complete the building and also to construct the road through his property on condition that he undertakes before the Panchayat to remove the building if the ultimate finding went against him. The appellate authority directed the Panchayat to issue licence to the fourth respondent for the establishment of the factory incorporating a condition prohibiting extraction of ground water from its area except for drinking purposes and subject to complying with the conditions imposed by the Pollution Control Board and District Medical Officer. This order was challenged by the Grama Panchayat in the writ appeal. Preliminary ground taken by the Grama Panchayat was that the appellate tribunal has no power to set aside the order of the tribunal considering rule 18 of the Tribunal for the Kerala Local Self Government Institutions Rules, 1999. A reading of the statutory provisions would show that the appellate tribunal is vested with the power to hear the appeal on merit and can decide the matter like any other appellate authority and tribunal's order is not restricted regarding the procedural matters only. Therefore, tribunal can hear and dispose of the matter on merits as a full-fledged appeal. About the correctness of the tribunal's decision,the High Court fully agree with the conclusions reached by the learned single Judge. All statutory authorities passed orders favourable to the petitioner, subject to certain conditions which include provision for rain water harvesting and various measures to restrict pollution. It also stated that final consent will be given after trial run only after satisfying that no pollution or environmental problems are caused. There will be periodical checking and if any pollution is caused, petitioner will have to stop the activities. Full text COU-155955.pdf Website www.indiankanoon.org