KOCHI | March 29, 2016: In a significant step, the Kerala high court on Tuesday asked the government to rethink whether any public interest is served by allowing mining in agricultural land.
The HC, while acknowledging the government's right to allow quarrying in land assigned for agriculture citing public interest, reminded it of its duty to protect environment.
Considering a petition questioning the government order (on November 11, 2015) that allowed quarrying in land assigned to private individuals for agriculture, Justice A Muhamed Mustaque said the court could not determine the government policy but is justified in reminding the government about its constitutional obligation. Rule 24, Kerala Land Assignment Rules, 1964, allows the government to invoke its residuary power to assign land for any purpose in public interest.
Citing discussions at the 64th UN General Assembly, the HC said food production needs to be doubled by 2050 to satisfy the population's demand.
The judgment said: "The state must bear in mind that any measure or action of the state ignoring intergenerational equity (fairness to future generations) is against public interest. It is true demographic challenges poised on market needs and developmental quest pursued by the state sometimes compel the state to respond to demands raised in the market. The state, however, shall not be merely guided by market conditions to determine 'public interest'."
(Source: http://timesofindia.indiatimes.com/)