Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definitions contained under the Air Act, 1981 are to be read into NGT Act, 2010 by virtue of the imperatives contained under section 2(2) of the said Act. Sections 3 & 4 of Act, 1981 specifies that the Central Pollution Control Board and State PCB constituted under sections 3 & 4 of the Water Act, 1974 shall perform the powers and functions under the Act, 1981.

JUDGMENT :

S. Manikumar, J.

Captioned writ appeals are filed challenging the common judgment of the learned single Judge in W.P.(C) No.17391/2020 and connected cases, dated 21.12.2020 and the order in R.P.No.1 of 2021 and connected cases dated 28.1.2021, whereby a learned single Judge allowed the writ petition in part, setting aside an order of the National Green Tribunal, Principal bench, New Delhi, (hereinafter called 'NGT') in Original Application No.304 of 2019 and NGT was directed to dispose of the representation of respondents 3 to 115, which was treated as an application by the NGT, afresh, after notice by publication, to those who are affected by the prescription of the stringent distance criteria from residential building and other human inhabited sites, other than what is prevailing in the State for permitting stone quarrying.

2. It was further ordered that the interim order passed by the learned single Judge on 6.8.2020 would continue to be in force till the disposal of the said application by the NGT. However, the NGT was given the liberty to modify the said interim order pending disposal of the application, if situation warrants, and all other issues were left open.

3. It is thus challenging the legality and correctness of the judgment so rendered by the learned single Judge, the appeals are preferred.

4. Some of the appeals are filed by third persons to the judgment, after securing leave from this Court. The State Government has also preferred appeal being aggrieved by the judgment. The contentions raised in the appeals are basically similar or typical in nature and the foundation of the contentions are in regard to the power of the NGT to treat a representation as an application and the power to issue omnibus directions to the authority under the environmental laws to fix a distance criteria to conduct quarry operations to any installations by incorporating conditions in the consent granted by the Pollution Control Board. We think it appropriate to narrate basic facts available in one of the writ appeals to have a general understanding of the issues properly so as to arrive at a logical conclusion, taking into account various provisions of various environmental laws and the NGT Act. Therefore, we consider the facts, circumstances and the documents involved in writ appeal No.255 of 2021.

5. The appellant in the said appeal is a project proponent to conduct quarry operations in an extent of 08.0140 hectares of land situated in Re-sy No.55 of Koodal Village, Konni Taluk, Pathanamthitta District. As per Exhibit P1 dated 26.8.2019, the Kerala State Pollution Control Board has issued consent to establish the quarry under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and section 21 of the Air (Prevention and Control of Pollution) Act, 1981, which is valid till 31.5.2024. On the basis of application submitted by the appellant, Exhibit P3 letter of intent has been issued by the Director of Mining and Geology. Likewise applications were submitted before the Geologist for approval of the mining plan and State Environment Impact Assessment Authority (SEIAA) for obtaining environmental clearance. According to the appellant, the State Expert Appraisal Committee (SEAC) gave a favourable recommendation, based on which, the terms of reference was approved by SEIAA in its meeting and in accordance with Appendix IV of the Environment Impact Assessment Notification, a public hearing has to be conducted by the State Pollution Control Board.

6. Matters thus being so, a complaint was submitted by way of a letter before the NGT, Principal Bench, by M.Haridasan, the 5th respondent in W.P.(C) No.15962 of 2020 & connected cases, against the operations of stone quarries and crushers, without requisite safeguards at Kizhakkenc