Petitioner’s application to dig a pond has been rejected by Ext.P3 order stating that the petitioner’s request can be considered only after getting NOC from the District Collector. According to the petitioner NOC is not necessary for the purpose of digging up or renovation of ponds for agricultural purpose as per Section 5(5) and (6) of the Mines and Minerals Concessions (Amendment) Rules, 2010. The Petitioner relies on the judgment of this Court in W.P.(C) No.30418/2013. As per the above judgment, this Court has directed the respondent to consider the application submitted by the petitioner therein for digging pond without insisting for NOC.
In view of the above, Ext.P3 is set aside. There shall be a direction to the 1st respondent to consider the application of the petitioner without insisting for NOC. Needful shall be done within a period of four weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of.
jm/ A.MUHAMED MUSTAQUE, JUDGE