[Minor Mineral Rules] Traditional Pottery Artisans Don't Need NOC For Extracting Ordinary Clay Upto 50 Tonnes In A Year: Kerala High Court

On perusing Rule 106 (5) of the Kerala Minor Mineral Concession Rules 2015, Justice Murali Purushothaman observed that traditional artisans can be granted special transit passes for extraction of ordinary clay up to 50 tonnes on the production of their identity cards. The Court stated thus:

“Rule 106(5) makes it clear that the provisions in the KMMC Rules shall not apply to the extraction of ordinary clay up to a quantity of 50 tonnes by traditional artisans making earthen pots or Co- operative Societies of such artisans for making pots by traditional means in a calendar year, provided they produce identity cards issued by competent authorities and the Geologist may issue special transit passes for transportation of 50 tonnes of ordinary clay every year without payment of any royalty or fee by them.”

The petitioner, an industrial co-operative society comprising traditional artisans, had approached the Court seeking transit passes for collecting accumulated ordinary clay since permission was denied due to lack of NOC from the RDO.

The petitioner society submitted a request before the District Geologist for the issuance of special transit passes for collecting large quantities of accumulated clay invoking Rule 106(5) of the KMMC Rules. Their request was rejected stating that artisans cannot transport clay without obtaining NOC from the RDO since it was accumulated in 'nilam' as per the Kerala Conservation of Paddy Land and Wetland Act, 2008

The Petitioner contended that traditional artisans making earthen pots need not obtain NOC from RDO for the issuance of transit passes for transportation of clay up to 50 tonnes. It was argued that Rule 106 pertains to the extraction of minerals for special purposes and Rule 106 (5) only mandates the production of identity cards for the issuance of transit passes.

The Court stated that traditional artisans can obtain special transit passes on the production of identity cards and NOC was not required.

“In view of the non obstante clause in Rule 106(5), the NOC of the RDO under Rule 104 cannot be insisted upon for issuance of special transit passes, provided the artisans produce identity cards issued by competent authorities.”, the Court stated.

Accordingly, the Court disposed of the writ petition by setting aside the order of the District Geologist insisting NOC. It also directed the District Geologist to consider the application of the petitioners for the issuance of special transit passes without insisting on NOC from the RDO.

Counsel for the petitioner: Senior Advocate Abraham Vakkanal, Advocates Paul Abraham Vakkanal, Vineetha Susan Thomas

Counsel for the respondents: Senior Government Pleader Bimal K Nath

Citation: 2024 LiveLaw (Ker) 20

Case title: Kaliman Thozhilali Kshema Vyavasaya Sahakarana Sangam Ltd. v District Geologist

Case number: WP(C) NO. 28638 OF 2023

Click Here To Read/Download The Judgment