THE REQUIREMENT OF OBTAINING AN ENVIRONMENTAL CLEARANCE CERTIFICATE, IN THE CASE OF THOSE QUARRYING LEASES, ARISES ONLY WHEN THE LEASE COMES UP FOR RENEWAL:KERALA HIGH COURT
The High Court of Kerala passed a judgement stating 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.. It was stated in the case of M.K.Joseph vs The Kerala State Pollution Control Board (WP(C).No. 9216 of 2017 (B)) which was passed by the single judge bench comprising of JUSTICE A.K.JAYASANKARAN NAMBIAR
FACTS OF THE CASE:
The petitioner, who is stated to have a quarrying lease dated 24.02.2011, which is valid till 2023, is aggrieved by a communication issued by the 2nd respondent, which indicates that an application for renewal of consent submitted by the petitioner would not be considered unless the petitioner produces an environmental clearance certificate
JUDGEMENT OF THE CASE
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 2nd respondent for an environmental clearance certificate as a pre-condition for considering the application preferred by the petitioner for renewal of its consent, cannot be legally sustained. Accordingly, I quash Ext.P7 communication issued by the 2nd respondent and direct the 2nd respondent to consider the application preferred by the petitioner for renewal of the consent, respectively, on merits, and without insisting on an environmental clearance certificate from the petitioner. The 2nd respondent 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 writ petition, along with a copy of this judgment, before the 2nd respondent, for further action.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.