Shaji Salim v Kavassery Grama Panchayath and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- N. Nagareesh
- Judgment Date
- 2021-08-25
- Court Decision / Holding
- Ext.P14 is set aside for lack of an effective hearing and misapplication; Respondents 1 and 2 are directed to reconsider the renewal application, and pass appropriate orders within one month in accordance with law, taking into account Ext.P3 and other relevant material; the writ petition is disposed of with these directions.
- Final Disposition
- The writ petition stands disposed of with the afore directions.
Parties to the Case
Appellants / Petitioners
- Shaji Salim
Respondents
- Kavassery Grama Panchayath
- Secretary, Kavassery Grama Panchayath
- Kerala State Pollution Control Board
- District Medical Officer, Palaghat
- Divisional Forest Officer, Nemmara
Legal Representation & Advocates
Counsels for Petitioners
- • Praveen K. Joy
- • Sri E. Saneej
- • Sri N. Abhilash
Counsels for Respondents
- • P.R. Venketesh (for R1-R2)
- • Sri. T. Naveen (for R3)
- • Sri S. Sandesh Raja.K. (for R4)
- • SPL. G.P. (FOREST) Sri Vipn Narayan, G.P. (for R5)
Case Synopsis & Summary
Shaji Salim filed WP(C) 4597/2019 before the Kerala High Court challenging Ext.P14, a 2019 order denying renewal of Ext.P1 building permit issued on 03/07/2015 for an M-sand unit. He had continued construction up to about 90% and sought renewal before the permit expired (Exts. P8–P9). Ext.P14 denied renewal on the sole ground that no forest Department NOC was produced. The petitioner argued Ext.P14 was passed without a hearing and without considering the prior NOC (Ext.P3) and the District Medical Officer’s NOC (Ext.P4); he also contended that NOC under Section 233 of the Kerala Panchayat Raj Act is not a prerequisite for renewal and that Ext.P1/Sanctions (Exts. P2–P7) should suffice. The 5th respondent contended that the land is forest land under the Kerala Private Forests (Vesting and Assignment) Act, 1971, within an eco-sensitive zone around the Chulannur Peafowl Sanctuary and near protected habitats, requiring additional clearances (including from the National Wildlife Board). The court held Ext.P14 was passed in a mechanical manner and without effective hearing or full consideration of Ext.P3, the project’s status, and the relevant forest/wildlife concerns. Consequently, Ext.P14 was set aside and respondents 1 and 2 were directed to reconsider the renewal application in light of law and facts within one month, with the writ petition disposed of accordingly.
Provisions of Law Cited
Legal Doctrines & Maxims
- No Objection Certificate for a future possibility is not a mandatory precondition (as suggested by Ext.P15 judgment referenced by the petition).
- Forest-land restrictions on non-forestry activities (as per TN Godavarman Thirumulpad v. Union of India)
- Eco-sensitive zone considerations near protected areas (Chulannur Peafowl Sanctuary)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends Ext.P14, passed by the 2nd respondent, is invalid for lack of a hearing and for relying on a forest NOC that should not be a mandatory precondition for renewal under Section 233 of the Kerala Panchayat Raj Act. He emphasizes that Ext.P3 NOC and Ext.P4 medical NOC were obtained, that Ext.P6–P7 consent from the Kerala Pollution Control Board supports operation of the unit, and that about 90% of construction is complete. He asserts that the Division Bench’s Ext.P15 ruling (that an NOC for a future possibility is not necessary) should be persuasive, and urges renewal on the basis of Exts. P2–P4 and P6–P7, without seeking an additional forest NOC. He contends the permit renewal is to be read in conjunction with the existing permissions, and Ext.P14 should be quashed on due process grounds.
Contentions of Respondents
The 5th respondent argues the land is forest land under the Kerala Private Forests Act and within an eco-sensitive zone near Chulannur Sanctuary, invoking TN Godavarman Thirumulpad v. UoI for restrictions on non-forestry activities. He asserts that the distance to the sanctuary (about 7.798 km) and within a 10 km radius of protected areas requires prior clearance from the National Wildlife Board; he also argues that a mutation NOC cannot substitute for a No Objection to start industrial activity. Further, the area’s eco-sensitive status justifies forest-clearance requirements and forest-noncuts. Due to these forest/wildlife considerations and procedural irregularities (lack of hearing), the respondents contend Ext.P14 is legally sustainable and should not be set aside without further action.”},
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| TN Godavarman Thirumulpad v. Union of India and others | (1997) 2 SCC 267 | Mentioned Only | Cited to note the general principle of restrictions on non-forestry activities on forest lands; not the dispositive basis for the present decision. |
| OA 193/78 (Forest Tribunal order, Palakkad) | OA.193/78 | Mentioned Only | Referenced to support restoration of land rights per Forest Tribunal order; not controlling in the decision on renewal of permit. |
| WA 1050/11 | WA 1050/11 of this Hon’ble Court | Mentioned Only | Ext.P15 judgment cited to illustrate a principle about NOC for a future possibility, not the decisive basis for the present case. |
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