Hi,

The Rubber Act of 1947 and The Kerala Land Reforms Act (KLR Act) of 1964 are very important in this case. You may go through it. In brief, it is suggested that KLR Act imposes certain restrictions on ownership and possession of landed properties in the State of Kerala. In the case of any other person including a Trust, Company, body of individuals etc the limit is ten standard acres subject to a maximum of fifteen acres. Rubber, Tea, and Cardamom are the principal plantations that are exempted from ceiling limits. You need not to take permission for initial plantations.

the district office of Mining and Geology Department insists that all the lessees and other permit holders should produce non-assignment certificate from the village office to ascertain whether the lands are assigned for any special purpose. The village officer had issued a stop memo to some lessees and permit holders as the area of quarrying fell under assigned lands.

2) in your case since land has been assigned for rubber cultivation you cannot carry on quarrying on said land

3)as per newspaper reports high court order has prohibited quarrying in land assigned for rubber cultivation,

Hi, the permit to conduct a specific activity in a perticular area shall be granted by the local competent municipal authorities .. A routine procedure has to be adopted for obtaining the necessary permission for carrying on business ..

1. You are going to start a quarry in a rubber estate for which you shall have to dig deep pit for extracting stone or other materials for the earth.

2. Your operation shall be governed by Mines and Mineral (Development and Regulation) Act, 1957. (MMDR – Act 1957) .

3.The stone mining areas are generally identified by the mining department and Collector, through the mining department regulate the operation of stone quarries for which you shall have to apply for license after submitting your plan and also the Map of the area you are planning ton start your quarry.

4. You shall also required to take the license from the Govt. Departments which are ordinarily required to start business operation in India.

5. No quarrying operations shall be carried out without obtaining Development Permission of the Planning Authority/District Collector/Sub- Divisional Officer/ Tehsildar.

6. If you are planning to start the quarry for extracting stone which is treated as minor minerals, it will not attract the provisions of Environmental Protection A.ct

you would not be able to register area under rubber plantation for quarry

2)if land is assigned for rubber plantation quarrying would not be allowed as mentioned herein above

I am planning to start a quarry in a rubber estate in Kerala. Is it possible to get permission for the same or are there any implications of doing the same. Also can an area marked as a rubber estate be used for quarrying legally by obtaining the necessary permits.

There are many cases pending in the Kerala high court initiated by the The district office of Mining and Geology Department for illegal quarrying in the lands assigned for rubber plantation /estate.

Following a high court order prohibiting quarrying in land assigned for rubber cultivation, in cases filed in 2010 and 2011, the district office of Mining and Geology Department insisted that all the lessees and other permit holders should produce non-assignment certificate from the village office to ascertain whether the lands are assigned for any special purpose. The village officer had issued a stop memo to some lessees and permit holders as the area of quarrying fell under assigned lands. When the stop memo was challenged at the high court, it was stayed and those who had mining permits were allowed to continue operations by abiding all the conditions specified. The cases are still pending.

Thus afresh you may not be able to get licence for quarrying in the rubber estates as ther is a prohibition by high court for setting up quarry activities ion rubber estates.

The area is marked for rubber cultivation so can I register the same area as under a company to start a quarry. Will it be a problem? Also are there any laws through which the government can seize the land if i start the quarry in the area demarcated for rubber

The area marked for rubber cultivation or plantation cannot be used for quarrying.

You may not get permission for quarrying in the area marked for rubber plantation.

Hi, you can proceed but keep in mind the get the company registered to have a legal entity.

1. You can form a Company and file application for starting the Quarry as suggested in my earlier post.

2. You shall have to take approval for staring the quarry which will be verified, inspected by te Mining department and the Collector.

3. So, you shall not get the approval if no quarry is allowed in the said area on the ground that it has been demarcated for cultivation of rubber only.

Hello,

You will have to take permission from the government for starting a quarry in the rubber estate.

I do not think so that you can use the area marked for rubber plantation for any other purpose. However, you may contact a local lawyer for more clarification as the local law varies.

Regards