Trucks don't need permit to carry construction debris, says HC

Seeking to differentiate between sand quarried from riverbeds after obtaining mining lease and the debris and soil excavated at project sites, the Madras high court has held that lorries need no permit to carry debris in the city.
Justice Chitra Venkataraman, passing orders on a writ petition filed by the Tamil Nadu Earth Moving Equipment Owners Welfare Association, said the association was "at liberty to transport debris to a place outside Chennai city without securing any permit." As for the excavated soil, the truck owners must comply with the regulations, she said, adding that if relevant documents are submitted the authorities must grant permit within a time frame.

The petition, which cited the district collector and revenue authorities of Tiruvallur and Kancheepuram districts besides the authorities of geology and mining department, alleged that authorities were impounding vehicles carrying debris on the ground that they did not posses any permit'.

The association pointed out that there is no provision in the Mines Act or in the Tamil Nadu Minor Minerals Concession Rules which made permits mandatory for carrying debris from the city to a spot outside the city limits. It said that these two legislations did not prescribe any fee for debris and excavated soil, and that there is no justification for the authorities to intercept and impound vehicles.

The petition said that the members of the association were engaged in transportation of debris and excavated soil from sites where storm water drain, road widening, bridge and sewerage works were on. These materials are transported and dumped in low-lying areas, which would help reduce water-logging in such places, it said, adding that unless the work was completed in a timebound manner crucial projects would be delayed. Impounding of trucks will harm expeditious execution of such projects, it maintained.