To Curb Illegal Hill Extraction, Kerala High Court Directs NHAI To Mandate Display Of Permit Details, Redressal Contact In Project Area

The Kerala High Court on Wednesday (July 30) disposed of a PIL which sought a direction to the NHAI (National Highways Authority of India), MoEF (Ministry of Environment, Forest and Climate Change) and other authorities, to stop the unscientific and excessive soil extraction done in Chelannoor Village of Kozhikode in connection with the construction of National Highway from Kasargod to Thiruvananthapuram.The PIL was filed on the basis of a Geologist's report which stated that the excessive soil extraction was causing severe environmental damage and altering the hill topography of the Village. The petitioners prayed for a direction to the respondents to implement adequate safety measures to prevent harm to the residents, including slope stabilization.During the course of the proceedings, the Geologist informed the Court that steps were being taken to ensure quarrying activities are within the permissible limits. Regarding the unscientific and excessive extraction of soil, it stated that continuous monitoring would be necessary to ensure that the licence holders/concessionaires do not exceed their activities beyond the permit granted.The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji looked into Rule 10(i) of the Kerala Minor Mineral Concession Rules, 2015 and considered how this mandate can be implemented when quarrying is conducted along the stretch of a road. Rule 10(i) stipulates that quarrying permit holders must erect metallic boards containing details of the permit, including quantity and area of extraction permitted, explosives, etc., at the entrance of the quarry. The NHAI suggested that a metallic board containing the aforesaid information and contact details of NHAI Project Implementation Unit can be erected at regular intervals along the stretch of the road, as may be determined and found necessary. The Court accepted this suggestion and thereafter, went on to consider how the complaints of residents could be brought before a competent authority since damage was already caused in this case.It accepted the suggestion of the NHAI that the details of the officer in-charge of the Project Implementation Unit, such as the contact number, e-mail address and other means of communication, can be displayed on the boards erected by the permit holders. “In our opinion, this initiative would at least provide the residents of the area an opportunity to contact the relevant person in case of any emergency,” the Court observed.The NHAI submitted before the Court that it would communicate the aforesaid requirements to the concessionaires and shall incorporate these terms in future concession agreements also. Recording these, the Court disposed of the writ petition.Case No: WP(C) No. 44868 of 2024 Case Title: Pradeep Kumar P. and Ors. v. State of Kerala and Ors. Citation: 2025 LiveLaw (Ker) 471Counsel for the petitioners: Vinod Singh Cheriyan, T.M. Khalid, K.P. Susmitha, Jeswin James, P.B. SahasranamanCounsel for the respondents: Lejo Joseph George, T. Naveen – SC – Pollution Control Board, Mathews K. Uthuppachan, Atul Mathews, B. Rahul Krishnan, B.G. Bidan Chandran – SC – NHAI, M.P. Sreekrishnan – SC - SEACClick To Read/Download Judgment

To Curb Illegal Hill Extraction, Kerala High Court Directs NHAI To Mandate Display Of Permit Details, Redressal Contact In Project Area

K. Salma Jennath

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