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2021 Supreme(Ker) 453

P.B.SURESH KUMAR
MTR Moonadi Quarry – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Santhosh Mathew, Alex M. Scaria, A.J. Riyas, Saritha Thomas, Minu Thankappan & Divya Sara George
For the Respondent: Asst. Solicitor General of India (P. Vijayakumar), C.G.C. (V.R. Rakesh), K. Mohanakannan, Spl. Government Pleaders (K. Sandesh Raja & Nagraj Narayanan) & Government Pleader (M.P. Sreekrishnan)

ORDER :

1. Petitioner is a proprietary concern. They were operating a granite building stone quarry at Edapatta in Malappuram District on the strength of Ext.P1 Environmental Clearance issued to them on 01.12.2017 in terms of the Environment Impact Assessment Notification, 2006 (EIA Notification, 2006) issued under the Environment (Protection) Act,1986 (the Act). The quarry of the petitioner is located near the Silent Valley National Park established under the Wildlife (Protection) Act, 1972. On 18.10.2019, the seventh respondent interdicted the operation of the quarry of the petitioner on the ground that they need to obtain clearance from the Standing Committee of the National Board for Wildlife (the Standing Committee) constituted under S.5B of the Wildlife (Protection) Act also for operating their quarry since it is located within 10 kilometres from Silent Valley National Park. Ext.P6 is the notice issued by the seventh respondent to the petitioner in this regard. In Ext.P6 notice, it is stated that the said communication is issued in the light of Ext.P8 office memorandum issued by the Ministry of Environment, Forest and Climate Change, Government of India dated 8.8.2019 insistin

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