AYYASWAMI Vs. DISTRICT GEOLOGIST, DEPARTMENT OF GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY AND OTHERS

JUDGEMENT

(1.) In all these writ petitions the only issue that arises for consideration is as to whether, as a precondition for considering applications submitted by the petitioners for D and O license to pursue quarrying operations, the petitioners are required to obtain environmental clearance certificates from the authorities mentioned in the Environment Impact Assessment Notification of 2006. I note in this connection that, while on the one hand, the local authorities, who are entrusted with the task of considering applications for D and O licenses under the Kerala Panchayat Raj Act are insisting on the petitioners obtaining the necessary environmental clearance certificates in order to process the applications for D and O Licences, the authorities entrusted with the task of issuing the environmental clearance certificates, to persons intending to pursue quarrying operations, are insisting on the production of D and O licenses from the respective local authorities. The conflicting stands taken by the local authorities, on the one hand, and the authorities under the Environment Impact Assessment Notification on the other, has led to a stalemate, in that the applications preferred by the petitioners for the D and O licences have been held up without processing.

(2.) I have heard the learned counsel appearing for the petitioners as also the learned Government Pleader appearing for the respondents.

(3.) On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that a Division Bench of this Court, by judgment dated 21.06.2016 in W.A.No.564 of 2016, has considered the issue and found that the Panchayat authorities are bound to act only in accordance with the provisions of the Kerala Panchayat Raj Act and Rules, and therefore, they can independently consider the application for D and O licenses without insisting for an Environmental clearance certificate. Taking cue from the said judgment, and finding that for pursuing the quarrying activities an environmental clearance certificate is now mandated in cases of permits and leases granted after 18.02.2012, I dispose the writ petition with the following directions: