Petitioner has approached this court feeling aggrieved by Ext.P7 order passed by the 3rd respondent to revoke the permit for want of environmental clearances, citing that the Hon'ble Green Tribunal, New Delhi has passed an interim order in O.A. No.171/2013, interdicting the mining activity without obtaining environmental clearances. The sole reason stated in the impugned order is with reference to the order passed by the Green Tribunal in the above matter. The order passed by the Green Tribunal is placed before this Court. In fact, it is an interim order. Petitioner has all statutory permission to conduct the quarrying operations. 2. I have perused the orders of the Green Tribunal. The Green Tribunal is seized of the issue regarding illegal and impermissible mining activities going on in the banks of rivers Yamuna, Ganga, Champel, Gaunti and Revathi amongst others.
W.P.(C).No.20772 of 2014 2 The illegal removal of minerals from the river beds is causing serious threat to the flow of the river, forests upon river bank and most seriously to the environment of these areas. As revealed from the order itself, the matter seized by the Tribunal is regarding the river sand mining. States have appeared before the Tribunal. Based on the direction of the Tribunal States were directed to file reply. The State of Kerala also appeared before the Tribunal and sought time to file reply. In the meanwhile, the State of Kerala has been interdicted from granting any mining licence unless the applicant for such licence possessed environmental clearance and clearance from the Pollution Control Board in accordance with law. It is also ordered that in all places where permission has been granted after the passing of the order of the Green Tribunal, the department shall take action for revocation of licences. It appears that based on such direction, the official respondent took the decision to revoke the licence/permission granted to the petitioner for quarrying operations.
3. This court by an interim order, after perusing the order passed by the National Green Tribunal, stayed the operation of W.P.(C).No.20772 of 2014 3 the order revoking licence/permission.
4. The learned Government Pleader Pleader submits that the Government has withdrawn the order revoking the permission, in view of the order passed by this Court. The Government have no other reason other than the one mentioned in the order to justify the action of revoking the licence/permission. The reason resulting the action is derived from the order passed by the Green Tribunal in regard to the mining of the river sand. In context of the issue before the Tribunal, an order has been passed by the Tribunal to revoke the licences which have been issued after the order of the Tribunal, without obtaining environmental clearances. This can only be referred to sand mining operations.
5. In view of the same, the impugned orders are not sustainable and accordingly the impugned orders are set aside.
This writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/