EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMEN Vs. T.SARAVANAKUMAR

JUDGEMENT

(1.) By consent of both sides, this Writ Petition is taken up for final disposal. Challenge in this writ petition is to the order passed by the National Green Tribunal, Southern Zone, Chennai dtd. 31/5/2023 in Original Application No.77 of 2023 (SZ).

(2.) The case of the petitioner is that the petitioner, being a project proponent, had proposed to quarry river sand in Cauvery River and identified an area measuring 16.18 Ha comprised in S.F.No.643/1 (P) of Oruvanthoor Village, Namakkal Taluk, Namakkal District and sent a proposal seeking new quary outlet to the District Collector, vide letter dtd. 17/12/2015. Pursuant to the above proposal, joint field inspection was conducted by various authorities concerned as to the technical visibility and feasibility of quarrying of sand and recommended for grant of permission for opening of new sand quarry in the subject area. Based on the recommendations and in compliance of the EIA Notification, 2006 and its amendments, the petitioner applied for Environmental Clearance for the subject quarry under B2 category, vide proposal dtd. 22/2/2016.

(3.) The above proposal was placed before the 79th SEAC (State Level Expert Appraisal Committee) meeting held on 8/8/2016, wherein the application and other supporting documents were appraised by the experts and recommended for grant of EC to SEIAA. The recommendation of SEAC was placed before the 503rd SEIAA meeting held on 10/8/2016 and granted EC for the subject quarry in favour of the petitioner with various general and specific conditions. In the said EC, it was permitted to use two poclains for excavation of sane. The relevant condition reads as follows: