M/S Akkavila Sajeenan Aggregators Pvt ... vs Union Of India

Kerala High Court

M/S Akkavila Sajeenan Aggregators Pvt ... vs Union Of India on 23 May, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     THURSDAY, THE 23RD DAY OF MAY 2024/2ND JYAISHTA, 1946
                    WP(C) NO.17919 OF 2024
PETITIONERS:

          M/S.AKKAVILA SAJEENAN AGGREGATORS PVT LTD,
          REPRESENTED BY ITS MANAGING PARTNER,
          L.SAIJU, AGED 57, S/O.LEKSHMANAN, AKKAVILA HOUSE,
          ERAVIPURAM P.O, KOLLAM DISTRICT,
          KERALA, PIN - 691011.

          BY ADVS.
          AMITH KRISHNAN H.
          GOWRI DEV
          P.DEVIKRISHNA
          B.G.HARINDRANATH (SR.)
RESPONDENTS:

    1     UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
          MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
          INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,
          NEW DELHI, PIN - 110993.

    2     STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
          DEPARTMENT OF ENVIRONMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    3     THE DISTRICT GEOLOGIST,
          DISTRICT GEOLOGY AND MINING DEPARTMENT,
          CIVIL STATION, KOLLAM, PIN - 691013.

    4     THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
          KAANKATHU MUKK, KOLLAM, PIN - 691013.

    5     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
          REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
          KSRTC BUS TERMINAL COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695001.

          BY ADVS. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
                   SRI.M.P.SREEKRISHNAN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.17919 of 2024
                                   - 2 -

                               JUDGMENT

Dated, this the 23rd May, 2024 Having heard the learned counsel appearing for the respective parties, it is noticed that as per clause no.4 of Ext.P11, all the Environmental Clearance proposals has to be uploaded by the DEIAA on the PARIVESH portal, so as to enable consideration by SEIAA.

2. Learned Government Pleader, who is appearing on behalf of the 4th respondent/District Collector would submit that uploading, as contemplated in Ext.P11, is in progress. The predicament of the petitioner is that he is not in a position to get his E.C. scrutinised by SEIAA in terms of the judgment of the National Green Tribunal, for want of the same being uploaded in the PARIVESH portal.

3. In the circumstances, there will be a direction to the 4th respondent/District Collector to comply W.P(C) No.17919 of 2024

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with Ext.P11, especially clause no.4 therein, that is to say, to upload expeditiously all the pending E.C. proposals to the PARIVESH portal, so as to enable further consideration/reappraisal of the same by SEIAA, at any rate, within a period of two months from today. It is further directed that Ext.P1 E.C. of the petitioner shall necessarily be uploaded to the PARIVESH portal as early as possible, at any rate, within a period of one month from today (23.05.2024). Once it is uploaded, SEIAA is also directed to take a decision in the Environmental Clearance insofar as the petitioner is concerned, within a period of one month from the date of such uploading.

This Writ Petition is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww W.P(C) No.17919 of 2024

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APPENDIX OF WP(C) 17919/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE BY THE DEIAA DATED 24.09.2018. EXHIBIT P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 28.12.2018.

EXHIBIT P3 A TRUE COPY OF THE DEMAND NOTICE DATED 15.12.2023.

EXHIBIT P4 A TRUE COPY OF THE RECEIPT OF PAYMENT DATED 26.12.2023.

EXHIBIT P5 A TRUE COPY OF THE REVISED SCHEME DATED 08.01.2024.

EXHIBIT P6 A TRUE COPY OF THE EXPLOSIVE RENEWED LICENSE DATED 28.02.2024.

EXHIBIT P7 A TRUE COPY OF THE LICENSE OBTAINED FROM THE GRAMA PANCHAYAT DATED 05.05.2024. EXHIBIT P8 A TRUE COPY OF THE CONSENT TO OPERATE DATED 02.05.2024.

EXHIBIT P9 A TRUE COPY OF THE OM F.NO.L-11011/175/2018- IA-II (M) DATED 12.12.2018.

EXHIBIT P10 A TRUE COPY OF THE OM F.NO.IA3-22/11/2023- IA.III (E-208230) DATED 28.04.2023. EXHIBIT P11 A TRUE COPY OF THE OM NO.IA-22/01/2021-IA-

III-PART (1) DATED 15.01.2024.

EXHIBIT P12 A TRUE COPY OF THE F.NO.1A3-22/11/2023- IA.III E(208230) DATED 07.05.2024.