Petitioner has approached this Court on an earlier occasion by filing WP(C).No.9049 of 2011 on account of non consideration of his application for excavate earth for constructing two concrete tanks required for curing concrete blocks manufactured in his unit. Thereafter Ext.P5 order is passed. It is stated in Ext.P5 that since the ordinary earth is not considered as miner mineral, no prior permission is required from the Geologist. However, it is found that any clay in the property, the petitioner has to obtain necessary permission. Thereafter, the petitioner by Ext.P6 has approached the Geologist as he found that there is clay while removing the ordinary earth. No action has been taken on Ext.P6, accordingly the petitioner has approached this Court. The learned Government Pleader on instructions submits that observation in Ext.P5 that no
WP(C).No.31184/2014-W.
2 permit is required for ordinary earth is incorrect and since the clay is found, it may require environmental clearance.
2. The construction in the matter is two tanks for a manufacturing unit. The environmental clearance is required when there is an environmental imbalance on account of excavation and removal of ordinary earth. Considering the fact that only two tanks are being constructed by the petitioner, ensuring that it is only for the purpose of construction of two tanks, necessary permission shall be granted to the petitioner for removing ordinary earth as well as the clay. Needful shall be done within a period of two weeks from the date of receipt of copy of this judgment.
Writ petition is disposed of as above.
Kvs/-
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
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