M/S Aswathy Granites Pvt.Ltd vs State Of Kerala
2021 Latest Caselaw 16672 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. 16371 OF 2021
PETITIONER/S:

         M/S ASWATHY GRANITES PVT.LTD
         PADMALAYAM, MURINJAKAL.P.O, PATHANAMTHITTA
         DISTRICT-689693,
         REPRESENTED BY ITS MANAGING DIRECTOR MR.SUDHEER
         SUKUMARAN.
         BY ADV A.L.NAVANEETH KRISHNAN


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY,
         INDUSTRIES(A) DEPARTMENT, SECRETARIAT,
         TRIVANDRUM-695001.
    2    STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
         SEIAA
         4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
         THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
         MEMBER SECRETARY.
    3    STATE LEVEL EXPERT APPRAISAL COMMITTEE,
         PALLIMUKKU,KANNAMMOOLA ROAD, OVERBRIDGE,
         VELAKUDI, TRIVANDRUM-695024,REPRESENTED BY ITS
         CHAIRMAN.


         G.P. SRI HANIL KUMAR HARSHAN
         SRI.APPU PS

     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.16371/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

The petitioner states that the petitioner-Company is

a grantee of Environmental Clearance for granite stone

extraction in respect of 9.3969 Hectares of land in Koodal

Village of Adoor Taluk in Pathanamthitta District. The

estimated project life of the activity is 19 years. However, the

1st respondent issued Ext.P1 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 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 of SEIAA to limit the WP(C) No.16371/2021

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 ultra vires.

4. In the circumstances, this writ petition is disposed

of following the judgment in W.P.(C) No.17533/2020. It is

declared that Ext.P1 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.P1 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 project, the regulatory bodies would be free to WP(C) No.16371/2021

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.16371/2021

APPENDIX OF WP(C) 16371/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE DATED 10.08.2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE APPENDIX-1 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P3 A TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO.S.O.2484(E)DATED 03.11.2011 ISSUED BY THE CENTRAL GOVERNMENT CONSTITUTING THE STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY AND STATE EXPERT APPRAISAL COMMITTEE FOR THE STATE OF KERALA, FOR A TERM OF 3 YEARS.

Exhibit P4 A TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO.G.O.(P)NO.01/2018/ENVT.DATED 24-10-2018,CONSTITUTING REGULATORY AUTHORITY AND APPRAISAL COMMITTEE FOR THE STATE OF KERALA FOR A TERM OF 3 YEARS Exhibit P5 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PRE-FEASIBILITY REPORT SUBMITTED BY THE PETITIONER.

Exhibit P6 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTE OF THE 35TH MEETING OF THE 3RD RESPONDENT HELD ON 17 & 18.10.2014 Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 39TH MEETING OF THE 2ND RESPONDENT DATED 18.06.2015, DECIDING TO GRANT ENVIRONMENTAL CLEARANCE TO THE PETITIONER'S QUARRY PROJECT Exhibit P8 A TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING DATED 31.10.2014 OF THE 2ND RESPONDENT DOWNLOADED FROM THE WEB SITE OF THE 2ND RESPONDENT WP(C) No.16371/2021

Exhibit P9 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 89TH MEETING OF THE 2ND RESPONDENT DATED 27.02.2019, WHEREIN IT REITERATED ITS DECISION TO FOLLOW EXHIBIT P8 Exhibit P10 A TRUE PHOTOCOPY OF THE DETAILED REPRESENTATION DATED 20.06.2021 PREFERRED BEFORE THE 2ND RESPONDENT.