Kerala High Court Quashes Explosives License Amendment for Quarry Operations
Court mandates personal explosives license for quarry permit under Kerala Minor Mineral Concession Rules, 2015
In a significant ruling, the Kerala High Court has quashed the amendment of an explosives license that permitted the use of explosives in a quarry without the project proponent holding a personal license. The court, presided over by Justice Kauser Edappagath, emphasized the necessity for project proponents to personally obtain an explosives license to operate a quarry under the Kerala Minor Mineral Concession Rules, 2015.
The judgment came in response to a writ petition filed by Jaice John and others against the Director of Mining and Geology, Kesavadasapuram, among others. The petitioners challenged the practice of incorporating a quarry site into an explosives license granted to another individual without adhering to the statutory procedures under the Explosives Rules, 2008.
The court examined the case where the 7th respondent had sought to establish a quarry using an explosives license held by the 8th respondent. The amendment of the 8th respondent's license to include the 7th respondent's quarry site was deemed illegal, as it circumvented the necessary enquiry and verification procedures under the Explosives Rules.
Justice Edappagath highlighted that the practice of including one person’s quarry site in another’s explosives license without proper enquiry violated the law. The court stressed that an explosives license is a personal right and cannot be transferred or leased. The ruling mandates that the 7th respondent must obtain a personal explosives license to fulfill the conditions of the Letter of Intent for quarry operations.
The decision reinforces the statutory requirements under the Explosives Rules, 2008, and the Kerala Minor Mineral Concession Rules, 2015, ensuring that safety and regulatory standards are upheld in quarrying operations.
Bottom Line:
Quarrying Permit - A project proponent seeking a quarrying permit or lease under the Kerala Minor Mineral Concession Rules, 2015, must obtain an explosives licence in their own name. The use of an explosives licence granted to another person is not permissible.
Statutory provision(s): Kerala Minor Mineral Concession Rules, 2015 Rules 8, 33; Explosives Rules, 2008 Rules 7, 103, 107
