M/S. Edayan Aggregates Pvt.Ltd vs State Environment Impact Assessment ...

Kerala High Court

M/S. Edayan Aggregates Pvt.Ltd vs State Environment Impact Assessment ... 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. 6591 OF 2024
PETITIONER:

     1        M/S. EDAYAN AGGREGATES PVT.LTD
              PERIYAPURAM P.O, PAMPAKUDA, ERNAKULAM - 686667
              REPRESENTED BY ITS MANAGING DIRECTOR V.C MATHEW,
              S/O. CHERIYAN, RESIDING AT VALADIYIL, RAMAMANGALAM,
              MAMALASSERY P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 686663
              BY ADV K.J.MANU RAJ


RESPONDENTS:

     1        STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
              KERALA, K.S.R.T C.BUS TERMINAL COMPLEX, 4TH FLOOR,
              THAMPANOOR, THIRUVANANATHAPURAM, PIN - 695001
              REPRESENTED BY ITS MEMBER SECRETARY
     2        DISTRICT GEOLOGIST
              OFFICE OF THE DISTRICT GEOLOGIST, ERNAKULAM DEPARTMENT OF
              MINING AND GEOLOGY CIVIL STATION KAKKANAD
              ERNAKULAM, PIN - 682030
     3        KERALA STATE POLLUTION CONTROL BOARD
              ERNAKULAM DISTRICT OFFICE-II, NEAR KALLUNGAL AUDITORIUM
              PERUMBAVOOR, ERNAKULAM, PIN - 683545
              REPRESENTED BY ITS ENVIRONMENTAL ENGINEER
     4        UNION OF INDIA
              MINISTRY OF ENVIRONMENT , FOREST AND CLIMATE CHANGE, INDIRA
              PARYAVARAN BHAVAN, NEW DELHI, PIN - 110993
              REPRESENTED BY ITS DIRECTOR
              BY ADVS.
              SRI.AJITH VISWANATHAN, GP
              SRI.T.NAVEEN, SC
              SRI.M.P.SREEKRISHNAN, SC

     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.6591 of 2024


                                        2




                         C.JAYACHANDRAN, J.
                   ------------------------------------
                      W.P.(C.) No.6591 of 2024
                   ------------------------------------
                 Dated this the 23rd day of May, 2024

                                JUDGMENT

The issue involved in this Writ Petition is only with respect to the extension of the validity period of Ext.P3 Environmental Clearance, in the light of Ext.P7 notification. Due to the spread of Covid pandemic, the period from 01.04.2020 to 31.03.2021 is not liable to be reckoned. In other words, the period of Environmental Clearance is liable to be extended for the said period, adversely affected by the Covid SARS virus.

2. This Court, by interim order dated 21.02.2024, directed the 3rd respondent to consider and pass orders on Ext.P10 application seeking to treat the Environmental Clearance as valid till 13.02.2025, in the light of Ext.P7 notification. There was a further direction W.P.(C.) No.6591 of 2024 3 to the 2nd respondent to consider the application for issuance of transit pass treating the Environmental Clearance as valid till 13.02.2025. Both these applications were allowed, is the submission made by the learned counsel of the petitioner.

In the circumstances, nothing survives in this Writ Petition and the same will therefore stand closed.

Sd/-

C. JAYACHANDRAN JUDGE SKP/23-05 W.P.(C.) No.6591 of 2024 4 APPENDIX OF WP(C) 6591/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF ADDITIONAL DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM DATED 11.2.2019 ISSUED TO THE PETITIONER NO.763/2018-19/9454/M3/2018/DMG EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE DATED 13.2.2019 ISSUED TO THE PETITIONER EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES ENVIRONMENTAL CLEARANCE NO.927/SEIAA/EC3/3893/2015ISSUED TO THE PETITIONER BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA DATED 22.12.2017 EXHIBIT P4 A TRUE COPY OF THE G.O.[MS] NO.1257/2023/ ID DATED 14.12.2023 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING WITH PROGRESSIVE MINE CLOSURE PLAN APPROVED BY THE 2ND RESPONDENT HEREIN DATED 15.2.2024 EXHIBIT P5[A] A TRUE COPY OF THE COMMUNICATION APPROVING THE SCHEME OF MINING DATED 15.2.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES LICENCE NO.

E/SE/KL/22/347(E140506 ) ISSUED BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION DATED 25.9.2023 EXHIBIT P7 TRUE COPY NOTIFICATION OF SO.221 (E) DATED 18.01.2021 OF MINISTRY OF ENVIRONMENT AND FOREST EXHIBIT P8 A TRUE COPY OF THE JUDGMENT IN WP(C) 8564 OF 2023 DATED 13.3.2023 EXHIBIT P9 A TRUE COPY OF THE INTERIM ORDER IN WP[C ] 26690 OF 2023 DATED 24.8.2023 EXHIBIT P10 A TRUE COPY OF THE APPLICATION FOR RENEWAL FOR CONSENT TO OPERATE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P11 A TRUE COPY OF THE RELEVANT PAGES CONSENT TO OPERATE ISSUED BY THE 3RD RESPONDENT DATED 13.12.2022 EXHIBIT P12 A TRUE COPY OF THE NOTIFICATION DATED 12.4.2022 OF THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE