KOCHI | Dec 08, 2015: Holding that environmental clearance (EC)is necessary for carrying on mining operations, the Kerala High Court on Monday declared unconstitutional and inoperative the new proviso which provides that mining plan and EC required under Rule 9 should not be insisted for the renewal of quarrying permits which had valid licence on or before February 2,2012.
The court ordered the state government, including District Collectors and geologists, should take steps to ensure that no mining operation has been carried out by any permit holders without obtaining environment environmental clearance as contemplated under Rule 9 of the Kerala Minor Mineral Concession Rules. A Division Bench comprising Chief Justice Ashok Bhushan and Justice A M Shaffique passed the order while disposing of the petition filed by Nature Lovers Forum, the Green Step Nature Society and Swajaladhara Sudhajal Upabhoktru Samithi challenging the new proviso.
The petitioners submitted by amending the provision of the Kerala Minor Mineral Concession Rules in 2015, the state was carried away from the prime duty of protecting environment.
(Source: http://www.newindianexpress.com/)