Authorities must consider public objections and environmental impacts when granting mining permissions, reinforcing the jurisdiction of local governing bodies.

ORDER :

1. This Writ Petition has been filed by the petitioner challenging the order passed by the fifth respondent dated 08.08.2023, thereby refusing to issue No Objection Certificate to quarry the property comprised in Survey No.450/3 (part) to an extent of 1.21.5 hectares situated at Periyamanjuveli Village, Aravakurichi Taluk, Karur District.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner owned land comprised in Survey No. 450/3 to an extent of 1.21.5 hectares situated at Periyamanjuveli Village, Aravakurichi Taluk, Karur District. The petitioner made an application before the first respondent for a grant of licence to quarry rough stone in the said property for a period of 10 years. On receipt of the application, the third respondent by its communication dated 18.01.2021 recommended for grant of licence and communicated the same to the second respondent to quarry rough stone in the subject property. The first respondent also recommended for grant of lease and licence to the petitioner to quarry rough stone in the subject property. While being so, the fourth respondent sought for draft mining plan by its communication dated 08.06.2021 and also the environmental clearance from the State Level Environmental Impact Assessment Authority as required under the TAMIL NADU MINOR MINERAL CONCESSION RULES , 1959. After obtaining an environmental clearance certificate from the State Level Environmental Impact Assessment Authority and also from the Tamil Nadu Pollution Control Board, the petitioner submitted the same before the fourth respondent. Thereafter, the fourth respondent directed the petitioner to obtain approval from the fifth respondent for issuance of a lease and licence to quarry. Accordingly, the petitioner made a request before the fifth respondent for issuance of No Objection Certificate to quarry the subject land. However, it was not considered and as such, the petitioner filed a Writ Petition in W.P(MD)No.11043 of 2023 before this Court and this Court by order dated 01.06.2023 directed the fifth respondent to determine whether there are any objections from the adjacent land owners or villagers and consider the representation submitted by the petitioner for issuance of No Objection Certificate by passing orders with reasons. Thereafter, the fifth respondent refused to issue No Objection Certificate by its communication, dated 08.08.2023.

4. The learned counsel appearing for the petitioner would submit the fifth respondent has no jurisdiction to issue No Objection Certificate. Only on the instruction given by the fourth respondent, the petitioner sought for No Objection Certificate from the fifth respondent. When all other authorities concerned issued an Environmental Clearance certificate, No Objection Certificate from the Tamil Nadu Pollution Control Board and other recommendations from the authorities concerned, the fifth respondent had no role to play for the issuance of No Objection Certificate. The fifth respondent cannot question the environmental clearance certificate and consent granted by other authorities. That apart, the fifth respondent without giving an opportunity of hearing, refused to issue No Objection Certificate to the petitioner. It is a clear violation of the principles of natural justice.

5. On perusal of the counter-affidavit filed by the fifth respondent and on the submissions made by the learned counsel appearing for the fifth respondent would reveal that on receipt of the request made by the petitioner for issuance of No Objection Certificate to carry on quarry operation in the land comprised in Survey No.450/3 to an extent of 1.21.5 hectar