N. DHANAPAL Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The matter in issue pertains to the operation of the Government sand quarry within the prohibited distance especially the area within 10 kilometres from Karaivetti Birds Sanctuary which, according to the learned counsel for the petitioner, should be taken as National Park for Wild Life Sanctuary and it was entertained.

(2.) The Executive Engineer, Public Works Department, Mining and Monitoring Division, Trichy has filed a status report dated 25.9.2019 and it was disclosed that the Public Works Department, after obtaining necessary clearance, had operated the sand quarry in Coleroon river bed from 4.5.2018 at SF No.158(P) for an extent of 16 hectares in Thirumanur Village of Ariyalur Taluk. It is further stated that the State Level Environment Impact Assessment Authority (SEIAA) has granted permission under 'B2' category, where the lease area is less than 25 hectares and the notification issued by Ministry of Environmental Forest and Climate Change, Government of India dated 15.1.2016 also contemplates that the general conditions shall not apply for project or mining activity of Category B2 up to 25 Hectare of mining lease area. It is also the stand of the said official that the Karaivetti Birds Sanctuary is nearly 8.3 kilometres away from the operational area and moreover the sand quarry operation is simple, semi mechanised operation without drilling and blasting, and as such, clearance from the National Wild Life Board is not at all required.

(3.) Mr. E.Manoharan, Special, Government Pleader appearing for the respondents 1 and 2 would submit that the Public Works Department had stopped the quarrying operation from 18.5.2019, until further orders and subsequently, the Principal Chief Conservator of Forests and Chief Wild Life Warden, sent a communication dated 22.5.2019 with an enclosure of map showing the distance between Karaivetti Birds Sanctuary and sand quarry is about 07.89 kilometres, and the same may not be put against the Public Works Department. As per the earlier requirements, they have complied with all the lapse and that too, in the event of the closure of quarrying operation, nothing survives for further adjudication in this writ petition and prays for appropriate orders.