Point of Law: substantial reason stated in Exhibit P7 no longer subsists, since the order of the NGT stands set aside by the Apex Court and the NGT has been required to pass fresh orders after hearing the parties.

JUDGMENT :

This writ petition is filed seeking the following reliefs.

(i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P7 and quash the same.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to re-consider Ext.P1 application for quarrying permit submitted by the petitioner, de hors Exhibit P2, and pass orders thereon, as expeditiously as possible, at any rate, within a period of 2 weeks.

2. Heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader.

3. It is submitted by the learned counsel appearing for the petitioner that the petitioner's application to grant quarrying permit had been rejected by the 2nd respondent by Ext.P7 order citing that it does not satisfy the distance criteria prescribed in Exhibit P2 order issued by the National Green Tribunal. It is submitted by the learned counsel for the petitioner that the Exhibit P2 order of the National Green Tribunal has been set aside in Exhibit P9 judgment, and that the application, therefore, is liable to be considered independently. It is further stated in Exhibit P7 order that there is an electric room 12 metres from the blasting site. It is submitted by the learned counsel for the petitioner that the said electric room has already been re-located outside the prescribed distance.

Having considered the contentions advanced, I notice that the substantial reason stated in Exhibit P7 no longer subsists, since the order of the NGT stands set aside by the Apex Court and the NGT has been required to pass fresh orders after hearing the parties. The learned counsel for the petitioner would submits that the further reason stated in Exhibit P7 also does not exist. In the result, Exhibit P7 shall stand set aside. There will be a direction to the 2nd respondent to take up the application submitted by the petitioner for quarrying permit and to consider and pass orders on the same after considering all relevant aspects within a period of one month from the date of receipt of copy of this judgment.

This writ petition is ordered accordingly.