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2020 DIGILAW 698 (KER)

Jimmy John v. Kerala State Disaster Management Authority

2020-08-13

ANU SIVARAMAN

body2020
ORDER : Anu Sivaraman, J. 1. This writ petition is filed seeking the following prayers:- "1. To issue a writ of mandamus or any other appropriate writs, directions or orders directing 3rd respondent to issue work order and enter into necessary work agreement with the petitioner, without insisting for production of environmental clearance certificate by the petitioner. 2. To issue a writ of mandamus or any other appropriate writs, directions or orders directing 1st and 2nd respondents, to give necessary direction to 3rd respondent to issue work order and enter into necessary work agreement with the petitioner, without insisting for production of environment clearance certificate by the petitioner." 2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the 3rd respondent Municipality. 3. It is submitted by the learned counsel for the petitioner that the petitioner was a successful bidder in a tender issued from removing the deposit of silt/sand from Muvattupuzha river within the limits of the 3rd respondent Municipality. It is submitted that though selection notice had been issued to the petitioner, the work order was not issued by the 3rd respondent Municipality on the understanding that the environment clearance would be required for the work in question. The learned counsel appearing for the petitioner submits that Ext. P9 notification issued by the Ministry of Environment, Forest and Climate Change, of the Government of India specified that the dredging and de-silting of dams, reservoirs and rivers for maintenance, upkeep and disaster management is a work, which did not require environment clearance as a clear exemption is provided therein. 4. A counter affidavit has been placed on record by rd the 3rd respondent Municipality stating that the work had been awarded to the petitioner, but the Deputy Collector in-charge of the Disaster Management in Ernakulam District had visited the office of the Municipality and had perused the files and had informed that clarifications have to be received from the District Collector and that the Municipality would be informed of the further steps to be taken in the matter. It is stated in me counter affidavit that it was because no further instructions had been received from the Deputy Collector or the District Collector that further action for issuance of the work order had not been taken. 5. It is stated in me counter affidavit that it was because no further instructions had been received from the Deputy Collector or the District Collector that further action for issuance of the work order had not been taken. 5. It is submitted by the learned counsel for the petitioner that orders have been issued by the District Collector for continuance of the work. 6. The learned counsel appearing for the 3rd respondent Municipality submits that the Deputy Collector in-charge of the Disaster Management had issued orders on 05.08.2020 requiring the 3rd respondent Municipality to continue with the work in question. It is submitted that the work order shall be issued at the earliest to the petitioner to enable him to carry out the work. 7. After having considered the contentions advanced on either side, this writ petition is disposed of directing- the 3rd respondent to issue work order to the petitioner at the earliest. The petitioner will not be required to produce environment clearance in the light of Ext. P9 notification of the Central Government. Appropriate action will be taken without further delay.