PRINCY ANTO Vs. GEOLOGIST, MININ

JUDGEMENT

(1.) The Environment Impact Assessment Notification, 2006, issued by the Government of India, Ministry of Environment, Forest and Climate Change exempts the requirement for obtaining Environmental Clearance for the construction of a building up to 20,000 M2 in area; while Appendix IX to it, confines this exemption solely to the digging of the foundation for such constructions.

(2.) In the afore statutory milieu, the issue raised in this Writ Petition is whether the benefits of the exemptions noticed above would apply even to a construction which includes a cellar/basement. While the petitioner contends in the affirmative, the official respondents asserts to the contrary.

(3.) The petitioners have approached this Court with a specific allegation that their application for Quarrying Permit preferred before the District Geologist for the purpose of construction of a building in their property, comprised of 0.1773 hectares of land, in Sy.No.496/1 of the Kizhakke Chalakkudy Village-on the strength of a valid Building Permit and Development Permit, namely Ext.P5 and P6 respectively, obtained from the Chalakkudy Municipality is not being considered by the District Geologist, insisting that they must obtain prior Environmental Clearance from the State Environment Impact Assessment Authority (SEIAA for short) for such purpose.