Mining permit not required to remove earth if building permit is valid: HC

KOCHI: If a person is constructing a building with a valid building permit, he need not obtain a separate mining permit for removing earth from the land, the high court has ruled.

Justice K Vinod Chandran gave the ruling after considering a petition filed by Hussain Muhammed of Adikkattukulangara in Alappuzha through advocate MG Sreejith.

The court’s ruling came at a time when dozens of petitions are being filed before the high court on a daily basis as district geologists are insisting for mining permits to grant mineral transit passes for transporting earth removed from properties for construction purposes. Geologists began insisting for mining permits since the new rules (Kerala Minor Mineral Concession Rules) came into effect this year.

District geologist of Alappuzha had refused to grant mineral transit pass to the petitioner for transporting the earth removed from his property, when it was levelled for constructing a house. The petitioner had obtained a building permit from Palamel village panchayat on September 27.

Ruling in favour of the petitioner, the court said in the judgment, “By virtue of Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 the persons doing construction of residential building including flats or commercial buildings having a plinth area up to 300 square metres are exempted from obtaining quarrying permit under the Rules, if the owner of the land has obtained a prior valid permit for construction of such building from the concerned local self government authority.”

As per Rule 14, a quarrying permit must be obtained for extracting ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways, or buildings. However, the rule has granted exemption in obtaining permits for constructions up to 300 square metres. If ordinary earth is to be transported, the owner should pay royalty for the quantity to be transported and should obtain mineral transit passes, the rule further says.

The court ordered the district geologist to issue mineral transit pass to the petitioner without insisting for NOC or mining permit within two weeks.