Njt Granites vs State Environment Impact ...
2021 Latest Caselaw 16669 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. 16250 OF 2021
PETITIONER:

         NJT GRANITES
         CHEERKAYAM, NATAKAL P.O., KASARGODE-671 533.
         REPRESENTED BY ITS MANAGING PARTNER MR. ALEX
         THOMAS.

         BY ADVS.
         SANTHOSH MATHEW
         ARUN THOMAS
         JENNIS STEPHEN
         VIJAY V. PAUL
         KARTHIKA MARIA
         ANIL SEBASTIAN PULICKEL
         DIVYA SARA GEORGE
         JAISY ELZA JOE
         ABI BENNY AREECKAL
         LEAH RACHEL NINAN
         NANDA SANAL


RESPONDENTS:

    1    STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
         (SEIAA)
         4TH FLOOR KSRTC BUS TERMINAL BUILDING,
         THAMPANOOR, THIRUVANANTHAPURAM-685 001
         REPRESENTED BY ITS MEMBER SECRETARY.
    2    STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
         4TH FLOOR KSRTC BUS TERMINAL BUILDING THAMPANOOR,
         THIRUVANANTHAPURAM-685 001 REPRESENTED BY ITS
         MEMBER SECRETARY.


         SRI.M.P.SREEKRISHNAN,SC

     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.16250/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

The petitioner states that the petitioner is a grantee

of Environmental Clearance in respect of 2.8855 Hectares of

land in West Eleri Village of Vellarikundu Taluk in Kasaragod

District. The estimated project life of the activity is 12 years.

However, the 1st respondent issued Ext.P2 Certificate of

Environmental Clearance with a validity of only five years.

According to the petitioner, issuance of Environmental

Clearance Certificate for a shorter duration than the project

life, will offend Para 9(i) of the Environment Impact

Assessment Notification, 2006.

2. Heard.

3. It is seen from Ext.P9 that this Court has

considered the said issue and has held in the judgment in

WP(C) No.17533/2020 and connected cases that the decision WP(C) No.16250/2021

of SEIAA to limit the validity of Environment Clearances to be

granted for mining projects to 5 years is against the terms and

spirit of 2006 Notification and such decision would be

ultravires.

4. In the circumstances, this writ petition is disposed

of following Ext.P9 judgment. It is declared that Ext.P3

Environmental Clearance is invalid to the limited extent it limits

the validity of Environmental Clearance for five years. The

regulatory bodies concerned are directed to call for additional

recommendations from the Appraisal Committee after

estimating the life of the project of the petitioner in respect of

Ext.P3 and revalidate the EC granted to the petitioner. It will

be open to the Appraisal Committee to call for additional

information required and in that event, it will be obligatory for

the petitioner to furnish additional information called for. The

recommendations of the Appraisal Committee would not be

binding on the regulatory bodies and if the regulatory bodies

disagree with the recommendations made by the Appraisal

Committee as regards the project life of the petitioner's WP(C) No.16250/2021

project, the regulatory bodies would be free to follow the

procedure mentioned in Clause 8 of 2006 Notification in the

matter of arriving at the conclusion as to the life of the project

of the petitioner, for the purpose of complying with the

directions contained in this judgment.

Directions aforesaid shall be complied with, within a

period of four months.

Sd/-

N. NAGARESH, JUDGE

aks/11.08.2021 WP(C) No.16250/2021

APPENDIX OF WP(C) 16250/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES DATED 22.3.2017 APPROVED BY THE DISTRICT GEOLOGIST.

Exhibit P2 TRUE COPY OF THE CONSENT TO ESTABLISH NO.PCB/KSRD/ICO/242/2017 DATED 29.5.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.8/17 ISSUED IN FAVOUR OF THE PETITIONER BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY.

Exhibit P4 TRUE COPY OF THE LEASE DEED DATED 26.2.2018 ENTERED INTO BETWEEN THE PETITIONER AND THE GOVERNMENT.

Exhibit P5 TRUE COPY OF EXPLOSIVE LICENSE DATED 15.3.2018 ISSUED BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO) TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE TRADE LICENSE DATED 3.4.2021 ISSUED TO THE PETITIONER BY THE WEST ELERI GRAMA PANCHAYAT.

Exhibit P7 TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELE ON 31.10.2014.

Exhibit P8 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRURARY, 2019.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 4.5.2021 IN WPC NO.10928 OF 2021.

Exhibit P10 TRUE COPY OF THE ORDER IN DEEPAK KUMAR OTHERS V.STATE OF HARYANA AND OTHERS REPORTED IN (2012) 4 SCC 629.