The petitioner has approached this Court challenging Ext.P13 order of the respondent Panchayat whereby an application for renewal of D & O license has not been considered by the respondent Panchayat, on the ground that, the petitioner has not produced an environmental clearance certificate which is a pre- condition for consideration of his application for renewal of D & O license. It is the case of the petitioner that he holds a quarrying lease, which was issued on 03.05.2006 and is valid till 02 05.2018, and therefore, going by the decision in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78], the requirement of an environmental clearance will arise only when the lease comes up for renewal in 2018.
2. I have heard the learned Counsel for the petitioner. In the nature of the order, that I propose to pass, I do not deem it necessary to hear the respondents.
-2- W.P.(C).No.11598 of 2017
3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that, by virtue of the decision of this Court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78], it has been clarified that, the requirement of obtaining an environmental clearance certificate, in the case of those quarrying leases that were issued prior to 18.05.2012, arises only when the lease comes up for renewal. Resultantly, the insistence by the respondent Panchayath for an environmental clearance certificate as a pre- condition for considering the application preferred by the petitioner for renewal of its license, cannot be legally sustained. Accordingly, I quash Ext.P13 and direct the respondent Panchayath to consider the Ext.P12 application submitted by the petitioner for renewal of the D & O license, on merits, and without insisting on an environmental clearance certificate from the petitioner. The respondent Panchayat shall pass orders on the application submitted by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the -3- W.P.(C).No.11598 of 2017 writ petition, along with a copy of this judgment, before the respondent Panchayat, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/03.04.17