IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 15886 of 2009(E) ------------------------------------------ PETITIONER(S): ------------------------ PATHUMMAKUNHU, W/O. KUNHU, AGED 46 YEARS, RESIDING AT KARUVELIL, CHITHIRAPURAM P.O., IDUKKI DIST. BY ADV.MR.B.V.JOY SANKAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DT. 3. TAHSILDAR, DEVIKULAM, IDUKKI DIST. 4. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, IDUKKI. 5. ESSAR CONSTRUCTIONS LIMITED, CHITHIRAPURAM P.O., POWER HOUSE, IDUKKI. *ADDL.R6 IS IMPLEADED: R6. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSE BOARD, VYDHYUDHI BHAVANAM, THIRUVANANTHAPURAM. (*ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 12/06/2009 IN I.A.NO.6902/09) R1 TO R4 BY GOVERNMENT PLEADER MR. M.A. ASIF R5 BY ADVS.MR.SAJI MATHEW, MR.DENU JOSEPH. R6 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15886/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER DTD. 2/12/2008 BEFORE THE 1ST RESPONDENT. P2: COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY. RESPONDENT'S EXHIBITS: R5(A): COPY OF THE SKETCH SHOWING THE LAYOUT OF POWER HOUSE AND PENSTOCK TRACK. R5(B): COPY OF THE LICENSE NO.E/SC/KL/22/915(E)42254) ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES IN FORM NO.22. R5(C): COPY OF THE SHORT FIRER'S PERMIT DTD. 13/02/2001 ISSUED IN FORM NO.30 IN FAVOUR OF SRI.RAGHAVAN RAGHUNATHAN, BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM. R6(A): COPY OF THE SKETCH SHOWING THE LAY OUT OF POWERHOUSE AND PENSTOCK TRACK. R6(B): COPY OF THE EXTRACT PORTION OF KERALA MINOR MINERAL CONCESSION RULES 1967. R6(C): COPY OF THE GOVERNMENT ORDER NO.G.O.(RT) 37/07/PD DTD.27/2/2007. R6(D): COPY OF THE MINUTES OF THE MEETING HELD ON 14/08/2008. R6(E): COPY OF THE JUDGMENT DTD. 11/06/08 IN WPC.NO.5839 OF 2008 OF THIS HONOURABLE COURT. R6(F): COPY OF THE JUDGMENT DTD. 28/07/08 IN W.A.NO.1509 OF 2008 OF THIS HONOURABLE COURT. R6(G): COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. R6(H): COPY OF THE MINUTES OF THE MEETING HELD ON 9/05/2009. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.15886 of 2009 ---------------------------------------- Dated this the 13th day of July, 2009. JUDGMENT The petitioner claims to be the owner of 69 cents of property in Pallivasal Village, Idukki District. She has approached this court aggrieved by what she calls “indiscriminate and indecent blasting carried on by the 5th respondent”, who is a contractor entrusted with the task of blasting and quarrying as part of the Pallivasal Expansion Hydro Electric Augmentation Project. It seems that, according to the petitioner, in spite of representations having been filed, the same have not been addressed properly and hence this writ petition. 2. This court by an interim order restrained the blasting operations being carried on by the Board's Contractor. W.P.(C).No.15886 of 2009 :: 2 :: 3. A detailed counter affidavit has been filed by the Board as also by the 5th respondent. 4. The Board, in its counter affidavit, has referred to Ext.R6(c) Government Order dated 26.6.2007, wherein the Government has constituted a Popular Monitoring Committee in relation to the implementation of the expansion scheme. It consists of the Member of Parliament, Idukki, the concerned member of the Member of the Legislative Assembly and all the representatives of the panchayat and also the District Panchayat and Block panchayat. It also consists of the representatives of the contractor, representatives of the local trade unions and the representative of the Electricity Board. 5. The Popular Monitoring Committee had considered the objections of the petitioner and others. The demand made by the petitioner W.P.(C).No.15886 of 2009 :: 3 :: was to acquire 10 cents lying on either side of the project area. This demand was not accepted by the Board, as it was felt that such acquisition would not serve any purpose. As evidenced by Ext.R6(d) minutes of the committee held under the auspices of the Local MLA, it was resolved that the actual damages would be assessed after the blasting operations are over and the owners of the building would be adequately compensated. Apparently, dissatisfied with such a decision, the writ petition has been filed. 5. Since the blasting works are carried as part of the project undertaken by the Electricity Board, there is no illegality in the action taken by the 5th respondent as a contractor. I do not think, it will be appropriate to restrain the 5th respondent from further proceeding with the necessary blasting W.P.(C).No.15886 of 2009 :: 4 :: operations. But, as already indicated in Ext.R6 (h), the members of the Popular Monitoring Committee shall assess the damages of the petitioner's building situated in the same area allegedly suffered on account of the blasting operations. After completion of the same, the Board shall take steps to see that such damages are compensated either by seeing that the damage to the building is rectified or by way of suitable monetary compensation. It is further directed that the Sub Committee of the Popular Monitoring Committee headed by the District Collector, Idukki shall cause the blasting operations to be supervised or monitored at such frequencies as is decided by the District Collector and the complaint, if any, lodged by the petitioner shall be looked into by the said Sub Committee and thereafter brought to the notice of the W.P.(C).No.15886 of 2009 :: 5 :: Popular Monitoring Committee. The Sub Committee shall also consist of an appropriate official of the Electricity Board. Subject to the above, the writ petition is disposed of. Interim order already passed shall stand vacated. Sd/- (V.GIRI) JUDGE sk/ //true copy//