Distance Limit For Quarries : Supreme Court Ask Parties To Approach NGT With Objections

The Supreme Court on Monday granted liberty to parties to approach the National Green Tribunal to raise objections against the NGT directions setting the minimum distance limit for quarries in Kerala as 200 meters from residential buildins.

Observing so, the Court disposed of a batch of appeals, mainly filed by quarry operators and applicants to quarry leases, challenging the Kerala High Court judgment which held that the NGT's direction will apply to new quarrying leases.

Acting on the basis of a letter representation, the NGT passed the order increasing the minimum distance rule for quarries in Kerala as 200 meters from 50 meters from residential units. This was challenged by quarry operators contending that the NGT had no power to take suo motu action on a letter.  The Kerala High Court had held that NGT has suo motu jurisdiction; however it limited the operation of the order to new quarries and allowed existing quarries to operate as per earlier distance limit till the term of their license.

Earlier, the Supreme Court had decided the legal issue involved in the case regarding the suo motu powers of the NGT. On October 7, the bench decided that issue holding that the NGT is vested with suo motu jurisdiction.

The legal issue having been decided, the Supreme Court today said that the individual objections against the NGT directions can be raised before the Tribunal itself.

A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar observed that the appropriate course would be to permit the appellants to raise all contentions/objections as may be available and permissible in law before NGT in first instance.

Further, the Bench has asked the Tribunal to consider those contentions/objections and record the reasons for accepting or rejecting the same so that the appellant if dissatisfied may have further remedy of appeal before Supreme Court.

The Bench also refused to interfere with the Kerala High Court direction which held that the NGT's direction will apply to new quarries. 

Court room exchange

Senior Advocate Krishnan Venugopal, appearing on behalf of Adani Vizhinjam Port Pvt Ltd, submitted that other than the issue of NGT having suo moto jurisdiction , there are few more legal issues involved in the matter.

Elaborating on other issues in the case, Mr Venugopal submitted that there is distance criterion which the State of Kerala has set in case of quarry operations, however if anyone else has to set distance criterion, that has to be by Central government.

The Bench said, "That can be argued before NGT. That question is left open by the High Court itself. Read the operative order, We are permitting you to raise it before tribunal and invite decision on that specific issue. Our order says tribunal has jurisdiction but before passing adverse orders must hear parties concerned".

The Bench then recorded, "In light of issues answered by this court, the appropriate course would be to permit the appellant to raise all contentions/objections as may be available and permissible in law in first instance. The Tribunal may consider those contentions/objections and record reasons for accepting or rejecting the same so that the appellant if dissatisfied may have further remedy of appeal before this court. In other words all contentions raised in present appeal on relevant aspects including on merits are left open to be considered by Tribunal afresh".

The Bench added that the Court's recent judgement clarified that even if the Tribunal intends to initiate suo moto action, it must give an opportunity to party likely to be affected before passing any adverse order. Keeping that principle in mind, the Court found it appropriate, to relegate appellant before tribunal to raise contentions to be decided afresh.

"Perhaps the decision of HC assailed in this appeal also gives liberty to appellant. However we expressly grant liberty. Appellant may file formal application/objections before Tribunal which may be considered on its own merits in accordance with law, including in respect of matters referred to by Tribunal in earlier order", the Bench said.

The bench also noted in the order that the Tribunal should endeavour to dispose of the applications expeditiously.

Likewise, the Court also disposed of an appeal filed by the Municipal Corporation of Greater Mumbai against the directions passed by the NGT on solid waste management on the basis of a news-article. The Court granted liberty to the MCGM to raise the issue before the NGT as well.