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Varkey Ouseph S/o. Varkey Varkery, Skana Ouseph and Santhosh P.K. Vs. The State of Kerala and Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Nov 12, 2007
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Kerala
Sede de la corte
Ernakulam
Juez
DATTU, H.
JOSEPH, K.M.
Idioma
Inglés
Materia
Cuestiones jurídicas, Recursos minerales, Medio ambiente gen.
Resumen
This appeal arises out of an order passed in W.P.(C) No.18107 of 2006 dated 26th March, 2007. By the impugned order, the learned Single Judge has confirmed the orders passed by the Tribunal and has further directed the third respondent Grama Panchayat to issue appropriate licence to the 5th respondent to run his crushing unit within the limits of the Valakom Grama Panchayat. Initially, the Panchayat had granted permission to the 5th respondent to start his crushing unit within the limits of the Valakom Grama Panchayat. After change of the composition of the Panchayat, they have cancelled the permission granted earlier. Every time whenever the Panchayat passed orders refusing to grant permission to the 5th respondent to run his crushing unit, he had to approach the various authorities and had to file an appeal before the Tribunal for Local Self Government Institutions. The Tribunal taking into consideration the report of the Court Commissioner and also taking into consideration the assertions and allegations made by the petitioners and its denial by the 5th respondent, has thought it fit to direct the Grama Panchayat to grant permission to the 5th respondent to run his crushing unit in Valakom Grama Panchayat. Aggrieved by the said order passed by the Tribunal, the petitioners were before this Court in W.P.(C)No.18107 of 2006, which directed the Grama Panchayat to issue appropriate licence to the 5th respondent to run his crushing unit and also directed the Kerala State Pollution Control Board to have effected inspections of the crushing unit of the 5th respondent in regard to the air, noise and water pollution. Aggrieved by the orders passed by the Single Judge, the petitioners in the writ petition have presented this writ appeal, submitting that for enhancing the crushing capacity of the crushing unit, necessary permission requires to be obtained by the 5th respondent from the Grama Panchayat as well as the Pollution Control Board, and since that has not been obtained, the learned Single Judge was not justified in directing the Grama Panchayat to issue necessary licence. The Court held that since the 5th respondent is not seeking for enhancement of the crushing capacity of the crushing unit, the question of obtaining a fresh licence either from the Grama Panchayat or from the Pollution Control Board would not arise. There is no error in the orders passed by the learned Single Judge. Therefore, while affirming the reasons and the conclusions reached by him, the writ appeal is rejected but the Pollution Control Board will take effective steps to monitor the crushing unit of the 5th respondent. If, for any reason, the crushing unit causes any air, noise or water pollution, the Pollution Control Board would take effective steps as provided under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974.
Texto completo
qrydisp.asp