Khushi Gupta
Published on: May 26, 2022 at 16:40 IST
The Kerala High Court on Wednesday ruled that no quarrying activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of required.
Overruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch of petitions moved by filed by the quarry owners and the Stated related to quarrying in lands assigned for rubber cultivation at the State’s capital.
The Court has stayed all other construction work on assigned land, including that of resorts and petrol pumps while emphasising that quarries are not allowed on such land.
It has been established that any other construction activities on assigned lands will be a violation of the Land Acquisition Act and that assigned lands under the Kerala Land Assignment Rules, 1964 could not be used for any other purpose.
The Single Judge had observed that since a quarrying lease was executed by the State, it can be presumed that the State has given sanction to conduct quarrying on assigned land.
The Impugned Rule had mandated that a certificate from the Village Officer was required for granting or renewing any quarrying lease and that the Village Officer has to certify if such land was assigned for any specific purpose.
The impugned decision was, however, put on hold by the Court weeks after the judgment was delivered in an appeal moved by the State.
The Appellant had argued that if quarrying permits are sought for such lands, revenue authorities would be incapacitated from verifying if the land was assigned for cultivation.