An environmental clearance certificate is necessary only when the quarry lease is renewed, not beforehand.

JUDGMENT

The petitioner is stated to be conducting a granite quarry pursuant to quarrying license, granted in respect of an area less than 5 hectares, and the validity period of which expires only in the year 2022. In the writ petition, the grievance of the petitioner is essentially that the 1st respondent is insisting on a prior environmental clearance certificate from the petitioner for renewing the D&O license, issued in connection with the activities carried on by the petitioner.

2. I have heard the learned Counsel for the petitioner and the learned counsel for respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that, by virtue of the decision of this Court inAll Kerala River Protection Council v. State of Kerala [ 2015 (2) KLT 78 ], it has been clarified that, the requirement of obtaining an environmental clearance certificate, in the case of those quarrying leases that were issued prior to 18.05.2012, arises only when the lease comes up for renewal. Resultantly, the insistence by the 1st respondent Board for an environmental clearance certificate as a pre-condition for considering the applications preferred by the petitioner for renewal of its license, cannot be legally sustained. Accordingly, I direct the 1st respondent to consider the application preferred by the petitioner for renewal of the D & O license, on merits, and without insisting on an environmental clearance certificate from the petitioner. The 1st respondent shall pass orders on the application submitted by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition, along with a copy of this judgment, before the 1st respondent, for further action.