The District Magistrate has ample power to refuse grant of NOC for obtaining and storing explosives in the interest of the public

The Kerala High Court has held that District Magistrate can refuse to grant NOC which is required for storing explosives on the ground that biodiversity in the area would be affected if the project is permitted.

The applicant intends to extract granite building stones from land. Kerala State Biodiversity Board has informed the District Magistrate that the natural habitat of birds with approximately 150 species exists in the vicinity of the site of the proposed project and that the bird habitat would be disrupted and lost if the project is permitted. Thereupon, the Magistrate has declined the NOC on the premise that he is empowered to do so in the interest of the public.

The expression “interest of the public” makes it clear that the same is intended only to confer power on the competent authority to verify whether any member of the public is likely to be affected by the proposed project of the applicant. District Magistrate cannot be found fault for having declined the NOC sought by the applicant in the public interest.

Constitution of India provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Likewise, it shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

A public authority while discharging its statutory functions, cannot be unmindful of the aforesaid constitutional provisions. The District Magistrate correctly declined the NOC sought by the applicant holding that the proposed project of the applicant would adversely affect the biodiversity in the area.

Appearing Counsel/s: George Poonthottam (Sr.), Smt. Nisha Georgesri Vishnu, B. Kurupsri. Riji, Rajendransri. J. Vishnu

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