Breaking: No Quarrying Or Construction Work On Lands Assigned For Cultivation: Kerala High Court

The Kerala High Court on Wednesday ruled that no quarrying activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of required

Overruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch of petitions moved by filed by the quarry owners and the Stated related to quarrying in lands assigned for rubber cultivation at the State's capital. 

"It is made clear that this judgment would apply only to the lands assigned as per the provisions of the Rules, 1964 and the Special Rules referred to above. We make it further clear that after the resumption of lands, if the Government is notifying the land in respect of the subjacent mineral rights and others by granting exemption from the provisions of the relevant rules, the findings and observations in this judgment will not stand in the way of the quarry operators making due applications for assignment in accordance with the Act and Rules, and the appropriate authority considering the same, in accordance with law."

The Court has stayed all other construction work on assigned land, including that of resorts and petrol pumps while emphasising that quarries are not allowed on such land. It has also opined that the Revenue authorities are empowered to take action to suspend all quarries that are currently operating on such lands.

It has been established that any other construction activities on assigned lands will be a violation of the Land Acquisition Act and that assigned lands under the Kerala Land Assignment Rules, 1964 could not be used for any other purpose. The Bench also emphasised that the order issued by the Revenue Department barring other constructions on agricultural land shall be strictly enforced. 

As per the decision, the State may take a decision on the land classification once an application for the same is received. 

The Single Judge decision rendered in January 2018 had interfered with the amendment in the Kerala Minor Mineral Concession Rules brought in by the State to prevent quarrying on assigned lands and then sold it to third parties through assignees.

The Single Judge had observed that since a quarrying lease was executed by the State, it can be presumed that the State has given sanction to conduct quarrying on assigned land. 

The impugned Rule had mandated that a certificate from the Village Officer was required for granting or renewing any quarrying lease and that the Village Officer has to certify if such land was assigned for any specific purpose. 

The impugned decision was, however, put on hold by the Court weeks after the judgment was delivered in an appeal moved by the State citing that the amendment was brought in since it was impossible to distinguish between assigned lands and lands sold to third parties. 

The appellants had argued that if quarrying permits are sought for such lands, revenue authorities would be incapacitated from verifying if the land was assigned for cultivation. It was also contended that through the Rule, the authorities had made a conscious decision not to grant or renew any quarrying lease if the land was assigned for a specific purpose.

Case Title: Raphy John v. Land Revenue Commissioner & connected matters. 

Citation: 2022 LiveLaw (Ker) 242

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