ANIRUDH KARTHIKEYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Our consideration is catalyzed by an order of reference made by a learned Judge of this Court dtd. 23/7/2025, impelling the question whether, in spite of the judgment of the Hon'ble Supreme Court in Noble M.Paikada v. Union of India [Civil Appeal Nos.1628-1629/2021] dtd. 21/3/2024, the concessionaires enjoying valid Work Orders from the National Highways Authority of India ('NHAI'), issued prior to the date of the said judgment, would stand outside the rigour of having to obtain Environmental Clearance ('EC') for the purpose of extraction, or sourcing, or borrowing of ordinary earth, to complete linear projects such as roads, pipelines, etc.

(2.) We discern from the Reference Order that the reason why it came to be was because, an argument was porpoised that, even if the various notifications in question allowed the 'NHAI' to extract, source or borrow ordinary earth for the purpose of its works without having to obtain an 'EC', the same benefit would not extend to the concessionaires acting under 'Work Orders'.

(3.) Our path, in offering the answer to the reference, is illuminated substantially and to a significant extent by the judgment of the Hon'ble Supreme Court in Noble M.Paikada (supra).