BABU DIVAKARAN Vs. DISTRICT ENVIORMENTAL IMPACT ASSESSMENT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P2 order passed by the District Environmental Impact Assessment Authority, Alappuzha dated 30.12.2017, whereby the application submitted by the petitioner seeking environmental clearance for extraction of ordinary earth was declined. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner applied for an environmental clearance certificate from the 1st respondent for the extraction of ordinary earth from an area of 18.70 Ares situate in Survey No.168/1 of Thazhakkara Village, Mavelikkara Taluk, Alappuzha District. The 2nd respondent along with the other members of the 1st respondent visited the property on 18.08.2017 and the 1st respondent with the help of Village authorities, identified the proposed land. The proposed land is situated at a height of 6 metres from the Panchayat road. The 1st respondent after inspection found that the proposed site is having a height of 6 metres and the adjacent property owned by the 6th, 7th and 8th respondents is situated in the same height. Thereupon, 1st respondent took a stand that if ordinary earth is extracted, the nearby properties will loose its lateral support due to the slumping of the ordinary earth, and it was thereupon, decided not to recommend the proposal submitted by the petitioner for grant of environmental clearance, and accordingly, it was rejected.

(3.) The case of the petitioner is that, the decision so taken through Ext.P2 is illegal and against the facts in issue. It is also pointed out that respondents 6, 7 and 8 had unequivocally undertook before the 3rd respondent that they have no objection whatsoever in extracting ordinary earth from the proposed site of the petitioner, and it does not affect the lateral support of the respondents' property. The consent given by respondents 6, 7 and 8 were informed to the Revenue Divisional Authority and the 1st respondent and it was without adverting to all these aspects, Ext.P2 order is passed.