The Supreme Court in the case M/s Poabs Granites Products Pvt Ltd vs State of Kerala observed and has refused to entertain petitions challenging the judgement of Kerala High Court’s dated 25.05.2022, wherein it has been held by the court that quarrying was not being permissible in lands assigned for cultivation as per the provisions of the Kerala Land Assignment Act.
The bench comprising of Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol in the case observed and has permitted the petitioners to withdraw the petition which being with liberty wherein to pursue the remedy of review before the High Court.
It has also been orally remarked by the bench that when the lands are assigned for a specific purpose, the same cannot be used for other purposes like quarrying.
Before the Supreme Court, the petitioners being the purchasers of the assigned lands from the original assignees and the petitioner had applied for quarrying lease under the Kerala Minor Mineral Concession Rules, 2015. It has also been contended by them that when a mining lease has been issued as per the rules of KMMC, the Tahsildar cannot issue a stop memo which is being against the quarrying.
Thus, it has been issued by patta under the Land Assignment Rules wherein the court specified that the minerals in the assigned land belongs to the Government. Lately, a mining lease has been issued by the Government issues in the patta land, the quarrying cannot be regarded of as illegal. It has also pointed out by the court that there being a clause that the lands assigned for a specific purpose which cannot be diverted. However, the petitioners chose to withdraw the plea filed to review petition before the High Court.
The counsel, Senior Advocate V Giri, Advocate EMS Anam, Advocate MKS Menon appeared for some of the petitioners. Standing Counsel CK Sasi appearing for the State Government.
The counsel, Advocate Prashant Bhushan appearing for intervenors who were opposing quarrying.
