J U D G M E N T

Dated this the 19th day of December, 2022 The petitioner, who is engaged in quarrying and mining in Raroth Village in Thamarassery Taluk of Kozhikode District, has filed this writ petition seeking to quash condition No.6 of Ext.P1 and to direct the 4th respondent to grant Environmental Clearance without insisting for SCNBWL Clearance.

2. The petitioner submitted application for grant of quarrying lease to the Director of Mining and Geology. The petitioner states that he was issued with Ext.P1 letter of intent dated 23.12.2021 of the Director on condition that the petitioner shall obtain Wildlife Clearance Certificate from the National Wildlife Board.

3. The petitioner states that the petitioner's Quarry is situated 8.40 kilometers away from the Malabar Wildlife Sanctuary. Therefore, the proposed buffer Zone identified and demarcated will not take in the quarrying area of the petitioner. The petitioner pointed out that recently the Hon'ble Apex Court in T.N.Godavarman Thirumulpad v. Union of India [2022 (3) KLT 739 (SC)] has held that the restriction applicable to ESZ is confined to the proposed area only.

4. In view of the judgment of the Apex Court, Ext.P10 minutes of