Environmental clearance certificates are valid throughout the mining lease period, including non-operative periods due to external factors, and do not require renewal.

ORDER :

W.P(MD)No.1233 of 2024 has been filed by the petitioner challenging the order passed by the third respondent dated 04.01.2024 thereby permitting the petitioner to conduct quarrying operations at S.F.Nos.70/1 and 70/2 situated at Kullapuram Village, Periyakulam Taluk, Theni District for the non- operative period of 10 months by submitting the Environmental Clearance certificate.

2. W.P(MD)No.17606 of 2024 has been filed by the petitioner challenging the order passed by the first respondent dated 16.07.2024 thereby rejecting the request made by the petitioner seeking permission to operate the quarry for the remaining permissible units of 57,404 units of rough stones and 1,400 units of gravel in Survey Nos.70/1, 70/2 to an extent of 2.40.0 hectares situated at Kullapuram Village, Periyakulam Taluk, Theni District with deemed extension of environmental clearance.

3. The petitioner was granted quarry lease by the second respondent dated 25.01.2018 for quarrying rough stones and gravel in S.F.Nos.70/1 and 70/2 to an extent of 2.40.0 hectares situated at Kullapuram Village, Periyakulam Taluk, Theni District for a period of 5 years from the date of execution of lease deed dated 25.01.2018 till 24.01.2024 and the same was registered vide Document No.377 of 2019. While being so, the first respondent passed an order dated 06.01.2021 to carry out drone survey over the quarries located in Theni District by a special team and after inspection, a report was submitted alleging that the petitioner indulged in illicit quarrying and transportation of 1141 cubic meters of rough stones and 224 cubic meters of gravel from non-lease hold areas comprised in S.F.No.73 situated at Kullapuram Village, Periyakulam Taluk, Theni District. On the strength of the said report, the second respondent by communication dated 16.03.2022 issued show cause notice to the petitioner thereby calling upon the petitioner to submit an explanation. Though the petitioner filed an appeal before the first respondent, the petitioner agreed to pay the penalty amount and requested to issue permit for carrying out quarrying operations. Accordingly as per Rule 36-D of the Tamil Nadu Minor Mineral Concession Rules , 1959, the first respondent by its proceedings dated 07.02.2023 imposed penalty of Rs.1,14,651/-. It was duly complied with. The first respondent directed the third respondent to issue permit to carry out quarrying operations in the said quarry lease for an extended period of 10 months. However, the third respondent by its proceedings dated 04.01.2024 directed the petitioner to submit environmental clearance for the extended period of 10 months. The petitioner submitted the environmental clearance issued by the District Level Environment Impact Assessment Authority, Theni District dated 17.10.2018 to quarry rough stone to the quantity of 222978 cubic meters and gravel to the quantity of 22568 cubic meters or limited to maximum of 5 years from the date of execution of lease deed whichever is earlier, since 10 months period was unused period due to stoppage of quarrying as per the report submitted by the special team. Challenging the same, the petitioner filed the Writ Petition in W.P(MD)No.1233 of 2024.

4. Further, the petitioner submitted a representation for extension of the period of lease for the Covid-19 period ie., 18.02.2020 to 21.02.2022 before the second respondent. However, the said representation was not considered and as such, the petitioner was constrained to approach this Court in W.P(MD)No. 4347 of 2024. This Court by order dated 02.04.2024 directed the first respondent to consider the representation submitted by the petitioner. Thereafter, the first respondent conducted enquiry and rejected the request made by the petitioner by order dated 16.07.2024, which is under challenge in W.P(MD)No.17606 of 2024.

5. On perusal of the counter-affidavit filed by the second respondent and on the submissions made by the learned Government Advocate appearing for the r