IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.424 OF 2021(C)
PETITIONER/S:
PALAKKAL GRANITES PRIVATE LIMITED,
R.S.NO.172, MYSORE PATTA, THOTTUMUKKAM.P.O,
KOZHIKODE DISTRICT, PIN-673639, REPRESENTED BY ITS
MANAGING DIRECTOR P.M.ABOOBAKER.
BY ADV. SRI.S.K.SAJU
RESPONDENT/S:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY(SEIAA),KERALA, REPRESENTED BY ITS
SECRETARY, K.S.R.T.C,BUS TERMINAL COMPLEX,
4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU,KANNAMOOLA ROAD, OVERBRIDGE, VELAKUDI,
THIRUVANANTHAPURAM-695024.
3 THE DIRECTOR, MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
4 THE GEOLOGIST, DISTRICT OFFICE,
MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION, KOZHIKODE, PIN-673020.
BY SENIOR GOVERNMENT PLEADER, SRI.S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.424/2021 2
JUDGMENT
Dated this the 7th day of January 2021 The petitioner is the holder of environmental clearance. The validity period of the environmental clearance would expire on 15.01.2021.
2. In the light of Ext.P4 Notification, this will stand extended till 31.3.2021 or six months from the date of expiry of validity, whichever is later.
3. The petitioner approached the first and second respondents for extension of re-validation of Ext.P2 prior Environmental Clearance. That application is pending. The petitioner placed reliance on Ext.P3 judgment of this Court. In that case, this Court has taken the view that the validity of Environmental Clearance to be issued for mining projects shall be the project life, as estimated by the expert appraisal committees concerned, subject to a maximum of 30 years.
In the light of Ext.P3 judgment, the petitioner's request for re-validation shall be considered by the WP(C).No.424/2021 3 first and second respondents within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.424/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LEASE DEED BEARING NO.16 OF 2011 OF KOZHIKODE SUB REGISTRY DATED 18.11.2010.
EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE. EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT DATED 02/11/2020 IN W.P.(C)N.17533 OF 2020.
EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION DATED 27.11.2020.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE