The petitioner has applied for renewal of quarry. This has not been considered for the reason that the National Green Tribunal in OA.No.171/2013 has interdicted granting quarrying permit without obtaining environmental clearance and also for the reason that property falls within ecologically sensitive area.
2. This Court as per Ext.P8 judgment has interdicted the order revoking quarrying permit based on the order passed by the National Green Tribunal in OA.No.171/2013 on the premise that the above order is related to sand mining and not related to quarrying operation. Therefore, the objection raised on the basis of the order passed by the National Green Tribunal is liable to be set aside. In regard to the objection relating to the ecologically sensitive area, I am of the view, the matter has to be enquired into by the WP(C).No.25992/2014-Y.
2 Geologist. According to the learned Government Pleader, this area falls within the ecologically sensitive area as per the order passed on 25.9.2014 in OA.No.26/2012. However, the learned counsel for the petitioner submits that as per the above judgment this area will not fall within the notified area of ecologically sensitive area as per Ext.P7. I am of the view, these are the matters to be considered after adverting to the petitioner's objection. If ultimately found that this property is not falling in ecologically sensitive area necessarily quarrying permit shall be granted without insisting environmental clearance. Therefore, before passing final orders, the Geologist shall consider Ext.P7 as well as the order passed by the National Green Tribunal. Appropriate orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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