The petitioners are before this Court being aggrieved of Ext. P4 resolution dated 02.08.2010, whereby the NOC granted in favour of the petitioners to conduct sand mining in their property has been reconsidered and cancelled referring to the adverse impact upon the environment.
2. The learned counsel for the petitioners submits that the petitioners were given the NOC for effecting the mining, but later, subsequently by virtue of complaints raised from different corners, the Panchayath decided to call for expert opinion of the Pollution Control Board and the Geologist, vide Ext. P1 dated 04.08.2010. It was accordingly that a report was called for. Ext. P2 and Exts.P3/P3(a) are the reports of the Pollution Control Board and the Senior Geologist, which according to the petitioners stand in favour of them. In spite of this, a decision was taken by the Panchayath to the contrary, by way of Ext. P4, which made the petitioners to approach this Court.
W.P.(C) No. 319 of 2011 : 2 :
3. During pendency of the writ petition, neighbours of the locality and some other institutions interested in the cause of action approached this Court by getting themselves impleaded as additional respondents 3 and 4. A detailed counter affidavit was also filed producing copy of the relevant materials sought to be relied on, highlighting the catastrophical effect in the environment, if the operation sought to be pursued by the petitioners was permitted to be carried out.
4. The learned counsel for the petitioners submits that there is no merit or bonafides on the part of the respondents 3 and 4 in placing hurdles on the way of the petitioners in conducting sand mining operation. It is also stated that NOC of the Panchayath is not necessary for getting NOC from the District Collector, to be acted upon by the concerned Geologist for granting the requisite permit; simultaneously adding that the application preferred before the concerned Panchayath was on the basis of a wrong notion. Admittedly, the District Collector is not a party and so is the position with regard to the senior Geologist as well.
5. After going through the contents of Ext. P4, it is seen that various aspects have been considered with reference to W.P.(C) No. 319 of 2011 : 3 :
environmental aspects, if the sand mining operation is permitted to be continued. But in view of the submission made across the Bar that NOC from the Panchayath is not necessary for getting permission from the Geologist concerned, no adjudication with regard to the contents of Ext. P4 does require at the hands of this Court. It is open for the petitioner to approach the competent authority to get NOC with regard to the operation sought to be pursued. It is for the said authority to consider the application, if any, after giving an opportunity of hearing to the petitioner, to addl. respondents 3 and 4 and other interested parties, if any.
The Writ Petition is disposed of.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd