ISSAC THOMAS Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) This writ petition is filed challenging the decision of the District Geologist, Ernakulam. The petitioner's application for development permit has been rejected stating that the removal of earth to be effected in at a height beyond the height prescribed in the development plan issued by the local authority. Therefore, the Geologist insisted the environmental clearance.

(2.) When the matter is taken up today, the learned Government Pleader, as instructed by the Geologist, fairly submitted that the environmental clearance is not required in the light of Government Order issued on 12.06.2020. In the Government Order dated 12.06.2020 amending the Kerala Minor Mineral Concession Rules, 2015. The amended Rules reads thus:

(3.) However, it is submitted in the in the light of the fact that terrain is located in such a way which would disturb the environment and the residents nearby, therefore, environmental clearance is required. It is specifically pointed out in paragraph 4 of the counter affidavit filed by the District Geologist as follows: