Government must ensure transparency in issuing NOCs for quarrying, respecting the public trust doctrine and prioritizing environmental sustainability over economic gains.

JUDGMENT :

VIJU ABRAHAM, J.

1. Since common issues are involved in these writ petitions, they were heard and disposed of by a common judgment.

W.P.(C)No.13906 of 2018

2. The above writ petition is filed seeking a direction commanding the 2^nd respondent District Collector to issue a No Objection Certificate (NOC) to the petitioner in respect of 8.2 hectares of Government puramboke for quarrying operation, which is comprised in Sy.No.729, part of Vagamon Village, Peerumedu Taluk, Idukki District, on the request made as per Ext.P2 application. The petitioner has also sought for a direction not to grant NOC to the 5^th respondent on the basis of Ext.P7 application submitted by the 5^th respondent. The contention of the petitioner is that the petitioner submitted Ext.P1 application for the issuance of an NOC for quarrying lease in respect of 5 hectares of land. Later, Ext.P2 was submitted, wherein a request was made for the issuance NOC in respect of 10 hectares of land. By Ext.P3, a report was submitted by the 3^rd respondent Tahsildar in favour of the petitioner. The grievance of the petitioner is that it is without looking into Ext.P2 application, which is for 10 hectares of land that Ext.P6 decision was taken to grant NOC, limiting to 5 hectares and in the meanwhile the 5^th respondent filed an application before the 2nd respondent for the issuance of NOC as per Ext.P7 and it is in the said circumstances that the present writ petition has been filed seeking a direction commanding the 2^nd respondent District Collector to issue NOC to the petitioner in respect of 8.2 Hectares of Government Purampoke for quarrying operation and also seeking stay of grant of NOC to the 5^th respondent on the basis of Ext.P7 application.

W.P.(C)No.38933 of 2018

3. The above writ petition is filed by a permanent resident of Vagamon Village of Elappara, mainly seeking a direction to the 1^st respondent to hear the petitioner while issuing Environmental Clearance Certificate to the 3rd respondent, who is the petitioner in W.P.(C)No.13906 of 2018. The essential contention raised by the petitioner is that Vagamon, being a tourist destination and the area includes 123 villages, which has been declared as ecologically fragile area under the Kasthuriragan report, if quarrying is permitted, will cause serious damage to the environment and ecology of the area. But a memo has been filed seeking permission to withdraw the said writ petition.

W.P.(C)No.40095 of 2018

4. The above writ petition has been filed by the 5th respondent in W.P.(C)No.13906 of 2018 challenging Ext.P6 NOC granted to the petitioner in W.P.(C)No.13906 of 2018, who is the 6^th respondent in the present writ petition and for a further direction not to grant any lease of the property comprised in Sy.No.729 of Vagamon Village, without following the procedures contemplated under Law. The essential contention raised by the petitioner is that the 6^th respondent has made Ext.P1 application for quarrying lease for 5 hectares of land comprised in Sy.No.729 of Vagamon Village. The petitioner would contend that the 3^rd respondent never notified the said land as being available for lease, so as to get public notice regarding the grant of lease of property. Without doing so, the application was immediately processed, and when the petitioner came to know about the same, the petitioner also submitted Ext.P3 request in this regard for the issuance of NOC for granting quarrying lease. The petitioner submits that without considering any of the parameters and without calling for tender, Ext.P6 NOC has been granted in the name of the 6^th respondent. It is in the said circumst