N.P. PADMANABHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had submitted an application before the 5th respondent; the District Environment Impact Assessment Authority (DEIAA), for the purpose of establishing a quarry over an extent of 2.3200 Hectares in Kayakodi Village, Vatakara Taluk of Kozhikode District. The application submitted on 30.5.2018, was forwarded to the 6th respondent; the District Level Expert Appraisal Committee (DEAC), on 28.6.2018 and accepted by the DEAC on 4.7.2018. The DEAC, after screening, scoping and public consultation, recommended for issuance of Environmental Clearance (EC) as per its decision No.20-09 dated 7.9.2018. In spite of the recommendation, the EC was not issued. The petitioner submitted Ext.P7 representation pointing out that as per the extant Environment Impact Assessment (EIA) Notification, if an application for EC is not considered and disposed of within 105 days of its submission, the applicant/project proponent becomes entitled for a deemed environmental clearance. The representation having failed to evoke a response, this writ petition is filed seeking the following reliefs:-

(2.) In support of the contention that the petitioner became entitled for deemed licence on expiry of 105 days from the date of submission of the application, reliance is placed on Ext.P2; the time line details pertaining to the petitioner's application, as well as Clause 8 of Ext.P4 notification dated 14.9.2006 issued by the Ministry of Environment and Forests. The learned counsel for the petitioner fairly submitted that after filing of the writ petition, the functioning of DEAC on the basis of Ext.P3 notification was interdicted by the National Green Tribunal (NGT). It is submitted that, as far as the petitioner is concerned, the deemed EC had come into effect prior to such interdiction by the NGT and therefore, irrespective of the intervening circumstance, the petitioner is entitled for the reliefs sought in the writ petition.

(3.) In order to consider the issue as to whether the petitioner is entitled for a deemed EC, in spite of orders passed by the NGT, the relevant notifications issued by the Government of India and the orders passed by the NGT are to be looked into.