JIMMY JOHN Vs. KERALA STATE DISASTER MANAGEMENT AUTHORITY

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers:-

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the 3 rd respondent Municipality.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner was a successful bidder in a tender issued from removing the deposit of silt/sand from Muvattupuzha river within the limits of the 3rd respondent Municipality. It is submitted that though selection notice had been issued to the petitioner, the work order was not issued by the 3rd respondent Municipality on the understanding that the environment clearance would be required for the work in question. The learned counsel appearing for the petitioner submits that Ext.P9 notification issued by the Ministry of Environment, Forest and Climate Change, of the Government of India specified that the dredging and de- silting of dams, reservoirs and rivers for maintenance, upkeep and disaster management is a work, which did not require environment clearance as a clear exemption is provided therein.