ST.SEBASTIANS CHURCH Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows:

(2.) Heard Sri. P.M. Ziraj, learned counsel appearing for the petitioner and Sri. Y. Jaffer Khan, learned Government Pleader appearing for the respondents.

(3.) According to the petitioner, he has submitted Ext. P8 application dated 20.02.2020 in Form No. A before the 3 rd respondent-the District Geologist for grant/renewal of quarrying permit for excavating soil from his property in pursuance of Ext. P4 building permit for carrying out construction for an area of 2122.72 sq.mtrs. According to the petitioner, the 4 th respondent is not having any legal authority to insist that the petitioner should necessarily produce environmental clearance, as the total area of the proposed construction is far less than the threshold level of 20,000 sq.mtrs, which alone warrants environmental clearance. It has been held by the Division Bench of this Court in the decision in District Geologist Vs. Sivaraman [2020 (1) KLT 375], that where the total plinth area of the construction pursuant to the building permit is less than the threshold limit of the 20,000 sq.mtrs, then going by the norms of the Government of India, Ministry of Environment, production of environment clearance cannot be insisted for consideration of quarrying permit for excavating soil in respect of the proposed construction.