The Hindu Business Line : `Salt production on patta land subject to restriction'

Chennai June 26 Salt production on patta land was subject to restrictions under Section 133 of Code of Criminal Procedure due to alleged pollution of existing water resources, the Madurai Bench of the Madras High Court ruled.

The petitioner (Southern Salt Manufacturing Co, Ramanathapuram) had sought permission to expand salt production on the company's patta land. The Ramanathapuram District Collector declined to grant permission, as the expansion would lead to seepage of water, which in turn would mix with water in the canal used for irrigation purposes.

Saying that this was legal, Mr Justice K. Chandru, said the District Collector was also District Magistrate, who was empowered under Section 133 of CrPc to deal with a situation of this nature.

The petitioner had applied for expansion of salt production from its patta land measuring 20 acres.

The Revenue Department objected to the same on the ground that it was likely to pollute existing water resources and also in a neighbouring area inhabited by Adi Dravidars. The Collector, after enquiry, rejected permission sought by petitioner. The petitioner contended that first respondent (Collector) had no jurisdiction to pass order, especially when he was armed with order of the Union Government. Collector had not spelt out power vested in him, and petitioner was not issued any notice.

According to the Judge, even though petitioner, under liberalisation scheme, need not have any licence and it was enough to have registration as salt unit, the order dated 29-7-2006 of Salt Factory Officer said clearly that expansion was objected to by Revenue Dept. The powers under Section 133 of CrPC did not contemplate any prior enquiry, and therefore, there was no infirmity in the said order of Collector, Judge ruled.

Dismissing writ petition, Judge said if petitioner had any material to satisfy that there was no legality in Collector's order, petitioner could always represent to Collector. The Collector would examine it and pass appropriate orders.

More Stories on : Courts/Legal Issues | Chemicals | Tamil Nadu

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page