SADEER GRANITES Vs. KAVILUMPARA GRAMA PANCHAYAT AND ORS.

JUDGEMENT

(1.) The petitioner, having all the requisite licences and permits, applied to the respondent Grama Panchayat for renewal of the D & O licence for its mining operations within the territorial limits of the respondent Grama Panchayat. It has, however, rejected the petitioner's application for renewal through Exhibit P9 order holding that the area where the petitioner is carrying on its quarrying operations falls within the ecologically sensitive zone.

(2.) As a matter of subsequent development, the petitioner continued his efforts with the Government to have a clarification with regard to ecologically sensitive areas and obtained Exhibit P11 order, which is in addition to Exhibit P10 issued by the Government in general prior to the respondent Grama Panchayat's Exhibit P9 proceedings though. Ventilating its grievance that notwithstanding Exhibit P11 clarification issued by the Government, the respondent Grama Panchayat has not reconsidered the petitioner's application for renewal of D & O licence, the petitioner has approached this Court.

(3.) The learned Senior Counsel for the petitioner, after making elaborate submissions regarding the Kasturirangan Committee Report on the issue of ecologically sensitive areas and also the subsequent orders made not only by Government of Kerala but also Union of India, has eventually submitted that as per Exhibit P11, if the lease is subsisting with regard to even those lands falling within the ecologically sensitive areas, it shall continue to be operational either till the lease period or five years, whichever is earlier.