Permits for quarrying activities require mandatory environmental clearance; failure to obtain such clearance renders the permits illegal.

JUDGMENT :

C. JAYACHANDRAN, J.

1. The petitioners, 3 in number, are residing in and around 'Erichurili Mala', a hillock at Kurumbala Village, Pathanamthitta. They are apprehensive of the large scale excavation of earth from the said hillock by the 7^th respondent, who purchased that land recently. The excavation apprehended is in connection with the construction of Kottukulangara to Kollam highway bypass. Ext.P1 is a mass petition given to the Director of Mining. Ext.P2 is the quarrying permit issued to the 7^th respondent permitting excavation and removal of ordinary earth from 43.20 Ares of land in Erichurili Mala. Although environmental clearance is mandatory, the 2^nd respondent State Environmental Impact Assessment Authority ('SEIAA' for short) had issued Ext.P3 expressing no objection to grant exemption from obtaining environmental clearance for sourcing or borrowing of earth for the construction of the National Highway. Ext.P4 is a Circular issued by the Government of Kerala exempting the requirement of environmental clearance to borrow ordinary earth for highway related works and for construction of village roads and other government sponsored schemes. The petitioners would maintain that Ext.P4 Circular is illegal. Ext.P5 is a notification issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) dated 28.03.2020, granting exemption for certain cases from the requirement of environmental clearance, which was brought in by virtue of amendment to Appendix-IX of the EIA notification, 2006. Serial no. 6 therein is extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines etc. The exemption granted vide Ext.P5 was challenged before the National Green Tribunal by filing Original Application nos. 190/2020 and 68/2020. The National Green Tribunal observed that grant of blanket exemption for excavation of earth is against the norms of sustainable development. Ext.P6 is an O.M issued by the MoEF & CC, which is a clarification issued on the applicability of EIA notification, 2006, for excavation of ordinary earth from borrow area for linear projects. After deliberation by the Expert Appraisal Committee (EAC) and based on its recommendations, and also in view of the direction of the National Green Tribunal, the Ministry decided that exemption from E.C for extraction or sourcing or borrowing of ordinary earth for linear projects shall be subject to Standard Operating Procedure enclosed to the Office Memorandum. The petitioner would maintain that the linear project of Kottukulangara to Kollam highway bypass is a project, which requires separate E.C for excavating earth. Ext.P7 is a letter issued by the 2^nd petitioner to the 1^st respondent pointing out the illegality in issuing Ext.P2 quarrying permit to the 7^th respondent. Ext.P8 is a similar letter issued by the 2^nd petitioner to the 2^nd respondent pointing out the illegality in grant of Ext.P3 'No Objection'. Ext.P9 is an Order whereby the 4^th respondent, Chairperson of the District Disaster Management Authority, has evacuated residents near to Athiramala due to heavy rainfall, which is produced to point out that the topography and landscape of 'Erichurili Mala' are similar to those of Athiramala. By Ext.P10 representation, the 2^nd petitioner requested the 4^th respondent Chairperson/District Collector, to take steps to stop the excavation of earth from 'Erichurili Mala'. Ext. P11 is a resolution passed by the 5^th respondent to obtain a 'N