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Judgment
Anu Sivaraman, J
This writ petition is filed seeking the following prayers:
“(i) Issue a writ of mandamus or other appropriate writ order or direction directing the 3rd Respondent to issue movement permit and transit passes to the Petitioner by treating Ext.P2 Environmental Clearance Certificate as valid in the light of Ext.P3 Notification.
(ii) Issue a writ of mandamus or other appropriate writ order or direction directing the 5th Respondent to renew Ext.P1(a) consent to operate of the Petitioner by treating Ext.P2 Environmental Clearance Certificate as valid in the light of Ext.P3 Notification.
(iii) Issue a writ of mandamus or other appropriate writ order or direction directing the 6th Respondent to renew Ext.P1(b) D&O license of the Petitioner by treating Ext.P2 Environmental Clearance Certificate as valid in the light of Ext.P3 Notification.
(iv) Issue a writ in the nature of a declaration declaring that Ext.P2 Environmental Clearance Certificate granted to the Petitioner stands extended till 24.03.2024 by virtue of Paragraph 9A of the Environment Impact Assessment Notification, 2006 as inserted by Ext.P3 Notification.”
Heard the learned counsel for the petitioner, the learned DSGI appearing for the 1st respondent, the learned Government Pleader, the learned standing counsel for the 4th respondent as well as the learned standing counsel appearing for the 5th respondent.
The petitioner has been issued with Ext.P2 Environmental Clearance having validity of five years. Relying on Ext.P3 notification, the learned counsel for the petitioner submits that the period from 01.04.2020 to 31.03.2021 is not liable to be considered for the purpose of calculation of the period of validity of Environmental Clearance Certificate and the petitioner therefore is having deemed extension of the Environmental Clearance for the corresponding period.
A similar case, WP (C) No.8564 of 2023, came up for admission before this Court and this Court passed Ext.P6 judgment.
Taking into consideration Exts.P2, P3 and P6 judgment, this writ petition is disposed of declaring that the petitioner is entitled to get extension of Environmental Clearance in terms of Ext.P3 notification and directing the 3rd respondent to allow the petitioner to enjoy the benefit of Ext.P3 notification. There will be a direction to the respondents to issue movement permit/transit pass to the petitioner, subject to availability of mineral reserves and if the petitioner is otherwise eligible. There will be a further direction to the 6th respondent to renew the D&O licence granted to the petitioner and to the 5th respondent to consider the renewal of the consent in the light of Ext.P3 notification. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 6th respondent for compliance.
This writ petition is ordered accordingly.