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The petitioner is a Contractor entrusted with the contract of civil works for doubling the Railway track between Chengannoor- Chingavanam. Ext.P1 is the letter issued by the Executive Engineer, Southern Railway to the District Collector, Alappuzha seeking permission for quarrying 15000m3 earth for Railway doubling work between Chengannoor and Thiruvalla by the agency M/s. United Construction Company Engineering Contractors. The petitioner is a Contractor engaged by the United Construction Company. This is also affirmed by the learned Standing Counsel for the Railways. The petitioner approached the Geologist for renewal of quarrying permit and issuance of ‘P-form’. However the Geologist did not consider the application of the petitioner for want of environmental clearance. Hence the petitioner has approached this Court.
2. The learned Standing Counsel for the Railway points out Section 11 of Railways Act. The Bombay High Court in Goa W.P.(C).No.29439 of 2014
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Foundation v. Konkan Railway Corporation [AIR 1992 BOMBAY 471] held that the provisions of the Environment Act have no application in respect of the work undertaken in exercise of powers conferred under Section 11 of the Railways Act, 1989. Section 11 envisages the right of the Railways to carryout the activities for public purposes and that public purposes over-ride the provisions of law under the Environmental Act. Considering the similar purpose of Rule 57 of Minor Mineral Concession Rules, 1967, wherein Government has given power to grant special permission in cases of public purposes over riding any other matter, I am of the view by taking note of the public purposes in this matter with reference to Section 11 and the requirement for the Railways, without insisting for environmental clearance, the Geologist shall renew the permit to the limited extent of removing earth of the quantity mentioned in Ext.P1, after ascertaining the required quantity already removed and used for filling Railway Track. It is made clear that removal shall be only for the purpose of doubling the Railway track which W.P.(C).No.29439 of 2014
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will be done after ascertaining the quantity that is required for the doubling work. It is also made clear that the petitioner shall follow all other relevant rules and this direction is only to renew the permit without obtaining environmental clearance for the purpose of Railway line. Needful shall be done within a period of one week from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
A.MUHAMED MUSTAQUE, JUDGE jm/