The Kerala High Court on Monday set aside the order of the National Greens Tribunal (NGT) that the stone quarries should maintain a minimum distance of 200 metres from residential areas.
Justice P.B. Suresh Kumar passed the verdict while partly allowing a batch of writ petitions filed by the State government and some quarry operators challenging the NGT’s order.
The court also directed the NGT to dispose of an application on which it had passed the order after giving due notice to those who are affected by the prescription of the stringent distance criteria.
The court also made it clear that that its interim order that quarries during their valid period of licence or lease need not follow the 200-metre distance norm set by the NGT and these quarries need to maintain only the distance norms of 50 metres as contemplated in Kerala Minor Mineral Concession Rules would continue till the disposal of the application. The interim order, however, had made it clear that licence of quarries whose licence lease period had expired and which did not follow the distance norms set by the NGT should not be renewed.
The court also ordered that the NGT would be free to modify the interim order pending disposal of the representation afresh, if the situation warranted.
The court found that the NGT’s order was vitiated for non-compliance of the principles of natural justice. The court observed that it did not choose to issue notice to the quarry operator who has secured all the requisite permissions and licences for the same and who would be affected by the proposed order.
The State government and others submitted that the National Green Tribunal had passed the order on July 21 without hearing the State government and those affected by the order. The tribunal had no jurisdiction to pass such an order. The State government contended that if the NGT’s order was implemented, all quarries would have to be stopped.
It would not be in the best interest of the public, as it would affect development activities. The tribunal had passed the order without conducting a proper and scientific study. Besides, it had not assigned any reasons for prescribing the stringent distance norms, the government contended.
