Kabani Blue Metals Pvt. Ltd vs Kerala State Single Window ...
2021 Latest Caselaw 16585 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF AUGUST 2021/20TH SRAVANA, 1943
                 WP(C) NO. 1104 OF 2021
PETITIONER:

         KABANI BLUE METALS PVT. LTD,
         REP.BY ITS MANAGING DIRECTOR,
         ANTONY C.C., S/O.LATE CHACKU,
         KORATTI EAST P.O.,
         THRISSUR DISTRICT, PIN 680 308

         BY ADV GEORGEKUTTY MATHEW

RESPONDENTS:

    1    KERALA STATE SINGLE WINDOW CLEARANCE BOARD,
         REP.BY ITS GENERAL MANAGER,
         KESTON ROAD, KOWADIAR,
         THIRUVANANTHAPURAM - 695 003
    2    THE SINGLE WINDOW CLEARANCE BOARD,
         REP.BY ITS CONVENER,
         DISTRICT INDUSTRIES CENTRE,
         THAVAKKARA, KANNUR 670 003
    3    CHERUPUZHA GRAMA PANCHAYAT,
         REP.BY ITS SECRETARY,
         CHERUPUZHA P.O.,
         KANNUR DISTRICT PIN 670 511

         BY ADVS.
         SRI.SUNIL KUMAR PALAKKAT
         SRI.K.N.ABHILASH
         BY SR. GOVERNMENT PLEADER SMT.SURYA BINOY

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 11.08.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1104/2021
                                 2




                          JUDGMENT

Dated this the 11th day of August, 2021

The petitioner is before this Court seeking to

quash Exts.P4 and P7 orders and to direct the 3 rd respondent

to issue licence in physical format to the petitioner for running

granite quarry in Pulingum Village in Kannur District.

2. The petitioner wants to establish a granite quarry

in 4.0712 hectares of land comprised in Survey No.127/1 of

Pulingum Village in Kannur District. The petitioner obtained

letter of intent from Mining and Geology Department and

Environmental Clearance from the District Environmental

Impact Assessment Authority (DEIAA), Consent from the

Pollution Control Board and even Explosive Licence from the

competent authority.

3. After obtaining all those licences and consents,

the petitioner submitted an application before the 2 nd

respondent-Single Window Clearance Board seeking

Establishment Permit and licence under Section 232 and 233 WP(C) No.1104/2021

of the Kerala Panchayat Raj Act. The petitioner was granted

Ext.P1 Acknowledgment Certificate. The said Ext.P1

Certificate was challenged in W.P.(C) No.17181 of 2019 on

the ground that the decision contained therein was arrived at

without hearing the President of the Panchayat. This Court

granted an interim stay of operation of Ext.P1 in the said W.P.

(C) No.17181/2019. This Court finally directed the Board to

reconsider the issue. It was also directed that the petitioner's

application for renewal should be considered by the Board.

4. Pursuant to the directions of this Court, the 2 nd

respondent-Single Window Clearance Board considered the

request of the petitioner and rejected the same as per Ext.P4

proceedings. In Ext.P4 proceedings, the 2 nd respondent

noted that the Environmental Clearance in respect of the Unit

was given by the DEIAA, that the area where the Unit is

proposed is a landslide prone area and since now there is no

system of DEIAA, now, the question of Environmental

Clearance should be reviewed by the State Environment

Impact Assessment Authority (SEIAA). Accordingly, it was WP(C) No.1104/2021

decided that the question of Environmental Clearance in

respect of petitioner's project be referred to SEIAA.

5. Being aggrieved by Ext.P4 proceedings of the 2 nd

respondent, the petitioner filed Ext.P6 Appeal before the 1 st

respondent-Kerala State Single Window Clearance Board.

The State Board rejected the appeal submitted by the

petitioner by a brief order, Ext.P7. The said order of the

appellate Authority read as follows:

"Extract of the Minutes of the twenty eighth meeting of the Kerala State Single Window Clearance Board (KSSWCB) chaired by Chief Secretary, Government of Kerala, held through Video Conference at 11.00am on Tuesday, the 22nd December 2020.

Renewal of permit for quarry unit by M/s Kabani Blue Metals Pvt. Ltd., Kannur -(Appeal received in the State Board Pertaining to the rejection of projects from the District Single Window Clearance Board (DSWCB) A. Clearance from Panchayat Board agreed with the observations of DSWCB and directed the Proponent to obtain Environmental Clearance from SEIAA. (Action: Project Proponent)"

The petitioner is aggrieved by Exts.P4 and P7 orders.

6. I have heard the learned Counsel for the petitioner

and learned Senior Government Pleader representing the WP(C) No.1104/2021

respondents 1 and 2 and the learned Standing Counsel

appearing for the 3rd respondent.

7. The contention of the petitioner is that the

Environmental Clearance when granted to the petitioner by

the DEIAA, the competent authority to issue Environmental

Clearance Certificate in respect of the petitioner's project,

was the DEIAA. The National Green Tribunal has not

unsettled the Environmental Clearances given by the DEIAA.

It is submitted by the petitioner that in the State of Kerala, a

large number of quarries are still functioning on the basis of

the Environmental Clearance issued by DEIAA. This Court

has also held in the judgment in W.P.(C) Nos.17148 of 2020

and 10534 of 2021 that the Environmental Clearance

Certificate issued by the DEIAA prior to the judgment of the

National Green Tribunal Order are valid, as long as they are

not subjected to successful challenge.

8. At any rate a perusal of Ext.P7 Appellate Order

would show that the Appellate Authority has not considered

this aspect in the correct perspective and proceeded to agree WP(C) No.1104/2021

with the observations of the District Board mechanically.

Ext.P7 Appellate Order also lacks reasons. In the

circumstances, this Court is of the considered opinion that

the 1st respondent Appellate Authority has to reconsider the

Ext.P6 appeal filed by the petitioner in the light of the

observations made herein above.

Accordingly, the writ petition is disposed of

directing the 1st respondent Appellate Authority to reconsider

Ext.P6 appeal filed by the petitioner with notice to the

petitioner as expeditiously as possible and at any rate within

a period of six weeks from the date of receipt of a copy of

this judgment, after giving an opportunity of hearing to the

petitioner. To enable the Appellate Authority to reconsider the

issue, Ext. P7 order is set aside.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.1104/2021

APPENDIX OF WP(C) 1104/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 6/5/2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE RECEIPT SHOWING THE SUBMISSION OF APPLICATION ON 22/7/2020 BEFORE THE 2ND RESPONDENT FOR THE RENEWAL OF EXT. P1 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.17181/2019 DATED 19.8.2020 EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING OF THE 2ND RESPONDENT HELD ON 13.10.2020 EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.24/2017 DATED 7.11.2017 EXHIBIT P6 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 6.11.2020 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 4.1.2021 ISSUED BY THE 1ST RESPONDENT EXHIBIT P8 A TRUE COPY OF THE JUDGEMENT DATED 18.03.2021 IN WP(C) NO.3415/2021.