Greens see red as State relaxes norms for quarries

The Hindu, September 17, 2015

In a decision that is bound to have far-reaching consequences, the State Cabinet has exempted quarries up to one hectare from the need to secure environmental clearance.

Talking to the media after a meeting of the Cabinet on Wednesday, Chief Minister Oommen Chandy said the decision was taken in the light of the strike by quarries and crusher units to protest the revised rules for issue of mining licence.

The resultant short supply of rubble had affected development projects across the State, he said.

Citing the huge financial burden for securing environmental clearance, small quarry owners had been exerting pressure on the government to relax the new licencing rules.

But experts and a section of government officials maintain that the Cabinet decision is not legally sustainable. Lawyer and environmental activist Harish Vasudevan said the move to exempt quarries up to one hectare from environmental clearance amounted to a violation of the Supreme Court judgment in the Deepak Kumar vs the State of Haryana and others case.

On February 27, 2012, the apex court had ruled that leases of minor mineral, including their renewal for an area of less than five hectares, be granted by the States/ Union Territories only after getting environmental clearance from the Ministry of Environment and Forests.

Mr. Vasudevan said the Supreme Court order had been upheld by a Division Bench of the Kerala High Court on March 23 this year while dealing with a writ petition filed by the All Kerala River Protection Council against the functioning of illegal quarries.

The Cabinet decision is a clear violation of the Supreme Court judgement and the Environment Protection Act, 1986 which makes it mandatory to obtain environmental clearance for all mining operations, points out a government official seeking anonymity. The government will find it difficult to surmount a legal challenge by environment organisations, he added.

“Besides, environment is a Central subject and the State Cabinet is out of its bounds in taking a decision to relax the norms for quarries,” he observed.