JUDGMENT

Facts in Brief:

The petitioner, a partnership firm (‘the Firm’), has all the licenses and permits to carry on its quarry operations within the territorial limits of Kavilumpara Grama Panchayat (‘the Panchayat’). As the lease was subsisting, the Firm requested the Panchayat to renew its D&O license. The Panchayat, however, rejected the Firm's request through Ext.P9: The area where the Firm quarries falls within the ecologically sensitive zone.

2. Aggrieved, the Firm approached the Government, which clarified through Ext.P10 letter, dt.11.4.2014, that the subsisting leases in the area can continue till they expire or for five years, whichever is earlier. Indeed, it asserted that Kavilumpara is ecologically sensitive, but the policy permits the existing licencees to quarry. Realising that Ext.P10 clarification is not explicit in endorsing the Firm's claim, the firm once again approached the Government; it resulted in a second clarification—Ext.P11, dated 18.10.2014. The Government, this time, did say that it prohibited new crusher units in ecologically sensitive areas. It has however informed the Secretary of the Panchayat that the Firm's quarry and crusher units can be allowed