SINOJ THOMAS Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner in WP(C) No.5904/2021, who has obtained leasehold rights over 2.2621 Hectares of property in Kasaragod District to conduct granite quarrying operations, has filed this writ petition seeking to quash Ext.P23 order and Ext.P24 communication. The petitioner is aggrieved by the requirement contained in Ext.P23 order to obtain clearance from the Standing Committee for National Board for Wildlife (SCNBWL).

(2.) The petitioner states that he owns leasehold right over 2.2621 Hectares of land in Re-survey No.193 in Maloth Village, Vellarikundu Taluk of Kasaragod District. The petitioner proposes to conduct granite quarrying operations and for that purpose to construct an Explosive Magazine. According to the petitioner, the land is situated 2.13 Km. away from Talakavery Wild Life Sanctuary. For mining minor minerals from land having a lease area of less than 5 Hectares, Ext.P1 Notification dated 15.05.2017 of the Ministry of Environment, Forest and Climate Change (MoEF&CC) will not apply.

(3.) The District Environmental Impact Assessment Authority (DEIAA) granted Environmental Clearance (EC) to the petitioner on 25.04.2018, as per Ext.P6. Ext.P6 was issued after getting Site Inspection Report of the District Forest Officer and Expert Member. It was issued after the Sector Specific Appraisal Committee, namely the District Expert Appraisal Committee (DEAC), conducted an inspection and cleared the project. The Senior Geologist approved Ext.P7 Mining Plan. The Pollution Control Board issued Ext.P12 Consent to Operate, on 16.06.2018.