IMPORTANT POINTS
Notwithstanding the Office Memorandum, the requirement of obtaining a clearance from the Standing Committee even by the persons who are already operating the quarries on the strength of the clearances obtained is implicit from the orders of the Hon'ble Supreme Court-The present status has to be continued for a period that I propose herein within which time consultation with the Standing Committee can be then completed.

JUDGMENT :

In these matters, the validity of an Office Memorandum dated 08.08.2019, issued by the Ministry of Environment, Forest and Climate Change has been called into question. The petitioners, who are all persons/entities engaged in quarrying activities on the strength of Mining Leases and Environmental Clearances, allege that the impugned Office Memorandum dated 08.08.2019 (hereinafter referred to as 'the Office Memorandum') has been issued without competence and in excess of jurisdiction and therefore, that the same is illegal, unlawful and unconstitutional.

2. The proximate reason for the petitioners to have approached this Court in this fashion is because, based on the Office Memorandum, the concerned Geologists appear to have issued proceedings stopping their quarrying activities solely for the reason that they have not obtained prior clearances from the Standing Committee of the National Board for Wildlife ('the Standing Committee' for short), constituted under the provisions of the Wildlife Protection Act, 1972. The petitioners say that the proceedings issued by the concerned Geologist stopping their activities are grossly improper and egregiously without basis and therefore, that they be allowed to operate the quarries de hors such illegal interdiction.

3. I have heard Sri.T.A.Shaji, learned Senior Counsel, assisted by Sri.Athul Shaji, learned counsel appearing for the petitioner in W.P. (C)No.37907/2019, Sri.Bechu Kurian Thomas, learned Senior Counsel, assisted by Sri.Enoch David Simon Joel, learned counsel appearing for the petitioners in W.P.(C)Nos.26611/2019, 29622/2019, 29654/2019 and 29971/2019, Sri.James Koshy, learned counsel appearing for the petitioner in W.P.(C)No.27914/2019, Sri.George Mecheril, learned counsel appearing for the petitioner in W.P.(C)No.26341/2019, Sri.Jobi Jose Kondody, learned counsel appearing for the petitioners in W.P. (C)Nos.27299/2019 and 27320/2019, Sri.Santhosh Mathew, learned counsel appearing for the petitioners in W.P.(C)No.28014/2019, 28036/2019 and 28938/2019, Sri.Philip J.Vettikkattu, learned counsel appearing for the petitioners in W.P.(C)Nos.28877/2019 and 28913/2019, Sri.Baby Kuriakose and Sri.M.K.Dileepan, learned counsel appearing for the petitioner in W.P.(C)No.29336/2019, Sri.Sandeep Gopalakrishnan, learned counsel appearing for the petitioner in W.P.(C)No.30450/2019, Sri.Renjith Thampan, learned Additional Advocate General, assisted by Sri.Sandesh Raja, learned Special Government Pleader for Forests, Sri.P.Vijayakumar, learned Assistant Solicitor General of India, assisted by Sri.K.Rajkumar, learned Central Government Counsel appearing for the Union of India and its functionaries and Sri.M.P.Srekrishnan, learned Standing Counsel for the State Environment Impact Assessment Authority (SEIAA).

4. As I have mentioned in the opening paragraph of this judgment, the challenge of the petitioners is essentially against the Official Memorandum dated 08.08.2019, wherein the procedure for consideration of Environmental Clearances for developmental projects, located within ten kilometres of National Parks/Wildlife Sanctuaries, under the provisions of the Environmental Impact Assessment Notification, 2006 (EIA Notification) has been stipulated. The said Memorandum begins by saying that the Hon'ble Supreme Court has, in its order dated 04.12.2006 in W.P.(C)No.460/2004 -in the matter of Goa Foundation v. Union of India ((2011) 15 SCC 791) has, inter alia, directed that 'the Ministry of Environment and Forests (MoEF) would refer to the Standing Committee the cases where Environmental Clearances have already been granted, where activities are within ten kilometre zone of the boundaries of the various Sanctuaries and National Parks'. The Memorandum further goes to say that the Ministry has notified the Eco-Sensitive Zones (ESZs) around the Protected Areas (PAs) and that many of the developmental activities are prohibited/regulated within these ESZs, inter alia, the mining operations carr