HC rejects quarry operators’ plea

  • | Friday | 23rd February, 2018

They further argued that quarrying operations were being undertaken after obtaining all the required permits. In their petitions, Arun Varghese and others contended that quarrying operations did not violate the condition of assignment. However, suppressing the nature of assignment and conditions in the title deed, the quarry operators had obtained quarrying lease and permits from the government. Even assuming that there were violations, they would not amount to criminal offences, much less an offence for a Vigilance probe. The government submitted that any type of quarrying on government land was an offence under Section 7 of the Kerala Land Conservancy Act.

more-in The High Court on Thursday dismissed as withdrawn a batch of petitions filed by quarry owners in Mukkunnimala in Thiruvananthapuram challenging the FIRs registered by the Vigilance and Anti-Corruption Bureau against them for quarrying on the land assigned for rubber cultivation in violation of rules relating to assignment of government lands. In their petitions, Arun Varghese and others contended that quarrying operations did not violate the condition of assignment. Even assuming that there were violations, they would not amount to criminal offences, much less an offence for a Vigilance probe. They further argued that quarrying operations were being undertaken after obtaining all the required permits. The government submitted that any type of quarrying on government land was an offence under Section 7 of the Kerala Land Conservancy Act. As per the condition of the title deed, the land could be used only for rubber cultivation. However, suppressing the nature of assignment and conditions in the title deed, the quarry operators had obtained quarrying lease and permits from the government. Besides, they had even trespassed into the adjacent government land and were conducting illegal quarrying with the connivance of officials. This was causing huge loss to the government. The government had earlier ordered takeover of the land and attachment of it with the land bank.

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