Malabar Bricks And Metals vs The State Environment Impact ...
2021 Latest Caselaw 16142 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
      TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                         WP(C) NO. 15431 OF 2021
PETITIONER:

            M/S MALABAR BRICKS AND METALS,POOVATHIKAL ARECODE,
            MALAPPURAM DISTRICT-673 639, REPRESENTED BY ITS
            MANAGING PARTNER AZAD.M.M., AGED 49, S/O.M.C.MUHAMMAD,
            MUSLIARAKATH HOUSE, KOODARANHI P.O., KOZHIKODE
            DISTRICT-673 604.

            BY ADV S.K.SAJU



RESPONDENTS:

     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-695 001.

     2      STATE LEVEL EXPERT APPRAISAL COMMITTEE,
            REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMOOLA
            ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024.

     3      THE DIRECTOR, MINING AND GEOLOGY,DIRECTORATE OF MINING
            AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O.,
            THIRUVANANTHAPURAM-695 004.

     4      THE GEOLOGIST,DISTRICT OFFICE, MINING AND GEOLOGY
            DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN-673 020.

            ADV.SRI.M.P.SREEKRISHNAN
            G.P SRI.P.S.APPU


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15431 OF 2021
                                      2

                                JUDGMENT

The petitioner seeks for re-validation of the

environment clearance certificate issued to the

quarry being conducted by him, for the life of the

project.

2. In T. Mathew Abraham v. State Level

Environment Impact Assessment Authority and Ors.

[2020 (6) KLT 302], this Court has declared the

entitlement of the enterpreneur for issuance of

environment clearance for the life of the project as

may be estimated by the State Environment Impact

Assessment Authority (SEIAA). The SEIAA is to

estimate the life of the project with due

consideration to the recommendations of the State

Expert Appraisal Committee (SEAC).

3. In a series of writ petitions (WP(C)

1154/2021 and connected cases) seeking similar

relief, this Court has directed the enterpreneurs to

file applications before the SEIAA seeking re- WP(C) NO. 15431 OF 2021

validation of the environment clearance certificates

already issued to them and the same have been

directed to be considered. There is no reason to

deviate therefrom.

In the result, the writ petition is disposed of

with the following directions:-

(i) The petitioner may prefer an

application before the SEIAA seeking re-

validation of the environment clearance

certificate already issued to them.

(ii) SEIAA shall consider such application

on arriving at the life of the project and

pass orders within four months from the

date of receipt of the application.

(iii) If any further details are required

from the petitioner for passing orders on

the application, the same shall be

intimated to the petitioner within two

weeks from the receipt of the application

referred to in clause (i) above.

WP(C) NO. 15431 OF 2021

(iv) On such details being furnished, the

SEIAA shall consider such application on

arriving at the life of the project and

pass orders within four months.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 15431 OF 2021

APPENDIX OF WP(C) 15431/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LEASE DEED DATED 15.03.2017.

Exhibit P2 TRUE COPY OF THE LEASE DEED DATED 06.03.2019.

Exhibit P3 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 18.11.2015.

Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 17.02.2021 IN WPC NO.3721/2021.