DENNIS SEBASTIAN Vs. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY

JUDGEMENT

(1.) The above writ petition is filed challenging Exts.P1, P3 and P5, i.e., Letter of Intent, Environmental Clearance and Quarrying Permit respectively, issued in favour of the 6th respondent.

(2.) Petitioners submit that the issuance of Ext.P1 letter of intent is arbitrary and illegal in as much as going by Rule 8 of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as KMMC Rules, 2015) it is mandatory on the part of the 3rd respondent to conduct a site inspection before issuing a letter of intent. Since no inspection was conducted, the objectionable sites from the site of quarry were not noticed before issuing Ext.P1. Petitioners would submit that in Ext P3 there is a mention that the State Level Expert Appraisal Committee (SEAC) has also reported that there is a house in the locality within 165 metres from the boundary of the quarry and the project proponent shall produce the certificate from the Village Officer to the effect that there are no residential building within 200 metres from the boundary of the quarry. Petitioners submit that Ext.P4 certificate issued by the Village Officer is against the real factual situation. Later on Ext.P5 quarrying permit was also issued in respect of the quarry run by the 6th respondent. It is aggrieved by the issuance of Exts.P1, P3 and P5 that the petitioners have approached this Court.

(3.) One of the specific contention raised by the petitioners is that there are public water reservoirs near the quarry, but the existence of these water tanks was not noticed while issuing Exts.P1, P3 and P5. Petitioners relying on Sec. 40(2) of the Kerala Irrigation and Conservation of Water Act, 2003 (hereinafter referred to as the 'Act, 2003') and the judgment dtd. 1/11/2017 in WP(C) No.23565 of 2017 submit that a No Objection Certificate from the Irrigation Department is necessary before issuing an EC or a quarrying permit. Petitioners also rely on the judgment of this Court in Sobin P.K. v. District Geologist, Ernakulam and Others [2020 (1) KHC 1 (DB)] in support of their contention.