JUDGMENT : ABDUL REHIM, J. 1. Since the issues agitated are identical in both these writ appeals and since the appellants in both the cases are the State Government and its officials in the Department of Mining and Geology, both the writ appeals are considered together and disposed of through this common judgment. 2. W.A. No.215/2018 arises out of the judgment in W.P (C) No.32834/2017. The respondent herein approached this court seeking to quash a proceedings issued by the 1st appellant, rejecting his application seeking permission to remove the ordinary sand, for the purpose of construction of a building, for which he had obtained Ext.P1 building permit. When the applications filed by him seeking for issuance of quarrying permit and transit passes were not considered by the 1st appellant, he approached this court on an earlier occasion in a writ petition, W.P (C) No.13289/2017. Through judgment dated 11-04-2017, this court directed the 1st appellant to consider and to pass orders on those applications, after hearing the writ petitioner, within three weeks, taking into consideration of the notifications issued by the Ministry of Forest, Environment and Climatic Changes, Government of India, dated 15-01-2016 and 19-12-2016. Consequent to the said judgment, the 1st appellant conducted personal hearing and a site inspection. He became convinced that there is no sand stored in the property. On the other hand, the writ petitioner submitted that, removal of sand to the extent of 10 feet depth is necessary for the construction. The 1st appellant rejected the application on the finding that, for allowing the applications the writ petitioner had to produce an 'Environmental Clearance Certificate' from the authority concerned, and also consent letters obtained from the neighbouring residents. It is the said order of the 1st appellant, produced as Ext.P13, was under challenge in the writ petition. 3. The learned Single Judge found that an activity of mining for the purpose of construction of building, is regulated under provisions of the Environment Protection Act and the Rules made thereunder, as well as under the Mines and Minerals (Development and Regulation) Act and the Rules made thereunder. It was noted that, through a Notification published by the Government of India, dated 14-09-2006 it is made clear that in projects involving building and construction upto an extent of 20,000 M2, it is not required to get prior environment clearance. It was noted that, through a Notification published by the Government of India, dated 14-09-2006 it is made clear that in projects involving building and construction upto an extent of 20,000 M2, it is not required to get prior environment clearance. By extracting provisions contained in Appendix IX (mistakenly noted as XI in the judgment) to the said notification, it was found that, the activity of digging of foundation for building, is exempted from the requirement of getting prior environmental clearance. Learned Single Judge found that, under Rule 14 (2) of the Kerala Minor Mineral Concession Rules, 2015 (for short 'KMMC Rules') quarrying permit is not required for extraction of ordinary earth in connection with construction of any residential building, including flats or commercial buildings, having plinth area upto 300 M2, if a valid permit for the construction is obtained from the local self government authority. Therefore it was found that, in case of buildings having plinth area upto 300M2, no mining permit is required for the purpose of excavation in connection with foundation of the building, so long as the person holds a valid permit from the local authority. It was further found that, such persons need not obtain any 'Environmental Clearance Certificate' in view of the Notification of the Central Government, which grants exemption in that regard. Taking note of the facts involved, learned Single Judge found that, the writ petitioner possess Ext.P1 building permit and the proposed construction is having only a plinth area of 5336.48 M2. Therefore it was found that the writ petitioner is exempted from the requirement of obtaining prior environmental clearance. It was also found that, nevertheless he has to obtain a mining permit as a pre-condition for commencement of the mining activities. It is only after he commences such activities he can approach the Geologist for getting the transit passes required for transport of the sand excavated. On that basis, the 1st appellant herein was directed to consider and to pass appropriate orders on the application for the mining permit, after verifying as to whether the mining activity proposed is only for construction of foundation of the building, to be constructed in terms of the building permit. The application was directed to be disposed of within a period of two weeks from the date of receipt of a copy of the judgment. The application was directed to be disposed of within a period of two weeks from the date of receipt of a copy of the judgment. It was further directed that, after issuance of the mining permit and after excavation of the foundation, the 1st appellant shall once again visit the premises and shall consider the application for transit passes for the purpose of transporting the mined earth outside to the premises. The same was directed to be done within three weeks from the date of the application. It was specifically directed that, for complying with the above directions, the 1st appellant shall not insist upon any 'Environmental Clearance Certificate' to be produced by the writ petitioner. 4. W.A. No.327/2018 arises from the judgment in W.P (C) No.36018/2017. The writ petitioner therein had approached this court seeking direction for disposal of his application for 'mining permit' for the purpose of extracting and transporting ordinary earth from the foundation of a building, without insisting for production of any 'Environmental Clearance Certificate', in view of the exemption contemplated under the Notification of the Central Government, because the building proposed is having plinth area of only less than 5000 M2. There also, the learned Single Judge arrived at an identical finding and issued similar directions as that of the case mentioned in the earlier paragraph. 5. The State and its officials are challenging the judgments mainly contending that, Rule 9 of the Minor Mineral Concession Rules, 2015 insist upon submission of an approved plan along with environmental clearance, for the purpose of issuing the mining permit. It is pointed out that, the only exemption given in Rule 14 (2) of KMMC Rules is with respect to constructions below 300 M2. Further contention is that, the exemption granted through the Notification of the Central Government, dated 14-09-2016, from obtaining prior environmental clearance with respect to buildings having built up area upto 20,000 M2, will not apply because that Notification provides exemption from the production of environmental clearance only in the cases of digging of foundation for the building. It is contended that, if the construction involves mining and commercial exploitation of the excavated earth, then obtainment of permit is a pre-condition, for which environmental clearance has to be obtained. It is contended that, if the construction involves mining and commercial exploitation of the excavated earth, then obtainment of permit is a pre-condition, for which environmental clearance has to be obtained. The appellants pointed out that, the ruling of this court in Annamma Paulose V. District Collector ( 2017 (1) KHC 751 ), in which Rule 14 (2) and Rule 106 (1) (2) and (4) were declared as ultra vires, was stayed in a writ appeal filed before the Division Bench as W.A. No.431/2017. Therefore the findings rendered by the Single Judge in both the cases, to the extent of holding that 'environmental clearance' is not required for considering the application for mining permit, is assailed as legally unsustainable. 6. Heard; Sri. M.H. Hanil Kumar, Special Government Pleader appearing for the appellants, Sri.P.M. Ziraj and Sri. Jamsheed Hafiz appearing for the respondents. 7. In the impugned judgments the learned Single Judge found that the activity of mining incidental to construction of a building is regulated by the Environmental (Protection) Act, 1986 and the Rules made thereunder and also by the Kerala Mines and Minerals (Development and Regulation) Act, 1957 and the Rules made therein. It was found that, by virtue of a Notification issued by the Government of India under the Environmental (Protection) Act and the Rules made thereunder, any project involving building and construction up to an extent of 20,000M2 is exempted from getting prior environmental clearance. Referring to Appendix-IX of the said Notification, it was found that, the activity of digging of foundation for construction of a building is exempted from the requirement of getting prior environmental clearance. Likewise, it was found that, under Rule 14 (2) of the Kerala Minor Mineral Concession Rules, 2015 no quarrying permit is required for extraction of 'ordinary earth' in connection with the construction of residential buildings, including flats or commercial buildings having plinth area of 300M2, provided the land owner holds a valid building permit for such construction, issued by the local authority concerned. Therefore direction was issued to consider the application for mining permit, without insisting upon production of the 'environmental clearance'. 8. Contention of the appellants is that, the exemption from production of the 'environmental clearance certificate', granted through the impugned judgment, is not legal and proper. Therefore direction was issued to consider the application for mining permit, without insisting upon production of the 'environmental clearance'. 8. Contention of the appellants is that, the exemption from production of the 'environmental clearance certificate', granted through the impugned judgment, is not legal and proper. Learned Government Pleader appearing on behalf of the appellants submitted that, the exemption from environmental clearance, provided through the Notification is only with respect to digging of foundation and it cannot be extended to buildings wherein large scale excavation is required for construction of the basement or underground floors (cellars floors). 9. The Notification issued by the Government of India in exercise of the power vested under Section 3(2)(ii) of the Environmental (Protection) Act, 1986, specifically enumerates the activities for which there is requirement of getting prior environmental clearance from the concerned Regulatory Authority. The list of projects or activities requiring such environmental clearance is scheduled in the Notification. Serial No.8 in the schedule deals with building or construction projects. It is specified that buildings which are having built area between the 20,000M2 and 1,50,000M2 alone need to get prior environmental clearance. Learned counsel appearing for the respondents had pointed out that, the Notification was amended through another Notification, dated 15.11.2018, wherein serial No. 8(a) of the schedule was amended to the extent of including building having built up area between 50,000M2 and 1,50,000M2 . It is pointed out that, in the schedule itself it is explained that the term “built-up area” includes built-up or covered area on all the floors put together, including its basement and other service areas which are proposed in the buildings or construction. Further it is noticed that, in paragraph 7 of the Notification, specifically under paragraph 7(1)(B), it is stipulated that, those activities which are included in Appendix IX shall be exempted from obtaining prior environmental clearance. Item No.9 in Appendix IX is prescribed as “digging of foundation for building not requiring prior environmental clearance”. Therefore it is evident that, going by the terms of the Notification, total built-up area of the buildings in question involved in these cases, will fall under the exempted category, as per item No.8 (a) of the Schedule of the Notification. Item No.9 in Appendix IX is prescribed as “digging of foundation for building not requiring prior environmental clearance”. Therefore it is evident that, going by the terms of the Notification, total built-up area of the buildings in question involved in these cases, will fall under the exempted category, as per item No.8 (a) of the Schedule of the Notification. Further, the activity intended is, excavation of earth for the purpose of digging of foundation, which will also fall within the exempted category under item No.IX; “digging of foundations for building not requiring prior environmental clearance”. Therefore it is evident that the buildings involved in these cases will fall under the exempted category as per item No.8(a) of the Schedule of the Notification. They will also fall within the exempted category under item No.IX of Appendix-IX. Hence we do not find any illegality or error with respect to the findings rendered by the learned Single Judge in directing consideration of the application for quarrying permit, without insisting upon production of any environmental clearance certificate. In the result, the writ appeals deserves no merit and the same are hereby dismissed. In view of dismissal of the writ appeals, learned Government Pleader appearing for the appellants sought indulgence to extend the time limit stipulated for consideration of the application, by a further period of two weeks from today. The request in this regard is hereby allowed.