Absence of transparent, public bidding process invalidates the grant of quarrying No Objection Certificates for Government lands.

The litigation involves multiple writ petitions concerning the grant of No Objection Certificates (NOC) for quarrying operations on Government puramboke land in Sy. No. 729, Vagamon Village, Idukku District.

Anish Abraham (Petitioner in W.P.(C) No. 12096/2021) was granted an NOC in 2018 for 4.99 hectares.

Karuvakunnel Enterprises challenged this grant, alleging a lack of transparency and failure to notify the land for public bidding.

Meanwhile, the District Collector cancelled an extension of time previously granted to Abraham, leading to further challenges.

During the pendency of the case, the Kerala Government issued a 2021 Order (G.O. (Ms) No. 28/2021/RD) mandating e-auction for mining leases on Government land.

The State Revenue and Tourism Departments later submitted reports indicating that Vagamon is an ecologically fragile "tourist hotspot" and that mining therein would threaten environmental stability and local livelihoods.

Whether an applicant for an NOC on Government land can claim a "preferential right" under Rule 31 of the KMMC Rules, 2015, solely by being the first to apply in the absence of a public notification.

Whether the grant of an NOC for quarrying on Government land without a transparent, competitive process (like an auction) violates Article 14 of the Constitution.

Whether the State, under the Doctrine of Public Trust, is duty-bound to prohibit mining in ecologically sensitive tourism zones like Vagamon.

The Court applied the Doctrine of Public Trust, which establishes that the State holds natural resources in trusteeship for the public and must protect them from private/commercial exploitation that harms the environment.

It relied on Article 14 of the Constitution, which prohibits the arbitrary grant of Government largesse and requires a transparent, non-discriminatory selection process.

The court further referenced the Precautionary Principle, noting that environmental protection takes precedence over economic interest in cases of doubt.

Statutory considerations included Rule 31 of the Kerala Minor Mineral Concession (KMMC) Rules, 2015, regarding preferential rights.

G.O. (MS) No. 28/2021/RD, which institutionalized e-auctions for such leases.

The Court reasoned that "preferential rights" under Rule 31 of the KMMC Rules only trigger after the State has issued a formal notification; otherwise, allowing the first-in-time applicant to claim the land is arbitrary and excludes other potential bidders.

The Court found the original grant of NOC to Anish Abraham to be "absolutely arbitrary" as it was granted on "mere asking" without public notice, violating the constitutional mandate for transparent disposal of public property.

Applying the Doctrine of Public Trust, the Court emphasized that Vagamon’s "pristine beauty" and status as a biodiversity hotspot create an affirmative duty on the State to prioritize ecological preservation over mining revenue.

The Court heavily weighted the 2025 reports from the Revenue and Tourism Departments, which concluded that mining in Vagamon posed irreversible threats to the ecosystem and the local tourism-based economy.

It held that no person could claim a vested right to mine Government land through an opaque application process.

The High Court directed the Government of Kerala to finalize proceedings and issue a formal order banning all quarrying operations in the Vagamon area within four months.

Furthermore, an interim injunction was issued restraining the respondents from granting any further mining permissions in the region until the formal ban is enacted.

W.P.(C) No. 12096/2021 was dismissed, while W.P.(C) Nos. 40095/2018 and 9102/2022 were disposed of with the aforementioned directions.