Case Note & Summary
The petitioner, a businessperson, applied for a mining lease/quarry on 26 October 2020, and the Gram Panchayat of Kauthadi granted a no objection certificate (NOC) on 10 May 2021. The Additional Collector, Pune sanctioned the mining lease for five years up to 29 June 2026 on 30 June 2021. Villagers opposed the mining, and the Gram Panchayat passed Resolution dated 28 July 2021 and Gram Sabha Resolution dated 2 December 2021 cancelling the NOC. The petitioner filed a writ petition under Article 226 of the Constitution seeking quashing of these resolutions, extension of the lease period lost due to obstruction, and permission to carry out quarrying in Gat No.181 village Kauthadi, Taluka Daund, Pune. The petitioner argued that all requisitions were complied with, Gram Panchayat had granted NOC after applying mind and had no power to withdraw it; relied on Government Resolution dated 19 October 2020 contending that once permission is granted by Gram Panchayat it cannot be revoked; and pointed to similar mining 100 feet away in village Jiregaon. The State respondents filed affidavit of District Collector stating facts undisputed, permissions granted, but Gram Panchayat by unanimous resolution cancelled NOC due to villagers' opposition. Respondent No.4 Gram Panchayat submitted that the NOC dated 10 May 2021 was illegal because no Gram Sabha was held to consider opinions and objections; subsequent unanimous Gram Sabha on 28 July 2021 cancelled NOC; Circle Officer's report indicated houses and poultry farm 200-250 metres away, mining would cause danger to human and animal life, and village is drought affected with less water resources. The High Court held that it was undisputed that petitioner had obtained all requisite permissions, but villagers took a unanimous decision to withdraw the earlier NOC because their lands, crops, agriculture and poultry would be affected; the court found no irregularity and no reason to interfere. It observed that the State Level Environment Impact Assessment Authority communication dated 23 March 2021 contained Clause XII prohibiting quarry within safe distance from habitation or human activity, and Clause XVIII requiring District Collector to ensure distance between lease areas more than 500 metres. The environmental clearance explicitly stated that NOC/permission did not give immunity under the Environment Protection Act, 1986, and could be revoked or suspended for false or non-compliance. The petitioner's own pleading admitted distance between her land and adjoining Gram Panchayat where mining permitted was not even 100 feet, thus breaching Clause XVIII. The court rejected the argument that the Government Resolution made the permission irrevocable, holding that the Resolution nowhere stated that once granted by Gram Panchayat it cannot be revoked on any ground. Accordingly, the High Court dismissed the petition with no order as to costs, finding no merits.
Headnote
A) Administrative Law - Writ Jurisdiction - Article 226 Constitution of India - Judicial Review of Unanimous Gram Panchayat Resolution - Constitution of India, Article 226 - Petitioner challenged Gram Panchayat Resolution dated 28.07.2021 and Gram Sabha Resolution dated 02.12.2021 cancelling NOC for quarrying minor minerals. Court held villagers were entitled to revoke NOC unanimously and no irregularity existed, so writ petition dismissed. (Paras 7, 10-11) B) Environmental Law - Environmental Clearance Conditions - Compliance with Safe Distance and Lease Separation - Environmental Protection Act, 1986, Not mentioned - Environmental Clearance dated 23.03.2021 imposed Clause XII no quarry within safe distance from habitation and Clause XVIII distance between lease areas more than 500 mtrs. Petitioner's land was within 100 feet of adjoining Gram Panchayat where mining permitted, breaching Clause XVIII; Collector entitled to disallow mining. Held that breach of environmental conditions justified cancellation of NOC. (Paras 8-9) C) Panchayati Raj - Gram Panchayat NOC - Revocability of Permission - Government Resolution dated 19.10.2020 - The Government Resolution did not state that once permission granted by Gram Panchayat it cannot be revoked on any ground. Court rejected Petitioner's contention that NOC was irrevocable; Held that NOC once granted is not irrevocable. (Paras 8.1, 10) D) Mines and Minerals - Minor Minerals Quarrying - Denial of Extension Due to Obstruction - Not mentioned - Petitioner sought extension of mining lease period lost due to obstruction by Gram Panchayat. Court found no merits in petition and rejected relief for extension. Held that extension not granted. (Paras 1, 11)
Issue of Consideration
Whether the Gram Panchayat and Gram Sabha resolutions cancelling the NOC for minor mineral quarrying were valid; whether the petitioner was entitled to continue mining operations and extension of lease period despite unanimous opposition and alleged breach of environmental clearance conditions.
Final Decision
Petition dismissed with no order as to costs; court found no irregularity in villagers' unanimous decision to revoke NOC and no reason to interfere with resolutions; petitioner's contention that NOC irrevocable rejected.
Law Points
- A Gram Panchayat can unanimously revoke an NOC for mining
- Government Resolution does not make permission irrevocable
- environmental clearance conditions requiring safe distance and 500 m lease separation are mandatory
- writ court will not interfere absent irregularity
- breach of environmental clearance conditions justifies disallowance
