Planters Aggregates vs State Of Kerala
2021 Latest Caselaw 16750 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. 16230 OF 2021
PETITIONER:

         M/s.PLANTERS AGGREGATES,
         PALISSERY, EZHATTUMUGHAM P.O.,
         KERALA-683 577,
         REPRESENTED BY ITS PROPRIETOR
         SAJI VADAKKEKARA.

         BY ADV A.L.NAVANEETH KRISHNAN


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY,
         INDUSTRIES (A) DEPARTMENT,
         SECRETARIAT,
         TRIVANDRUM-695 001.
    2    STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
         4TH FLOOR,
         KSRTC BUS TERMINAL COMPLEX,
         THIRUVANANTHAPURAM-695 001,
         REPRESENTED BY ITS MEMBER SECRETARY
    3    STATE LEVEL EXPERT APPRAISAL COMMITTEE,
         PALLIMUKKU, KANNAMMOOLA ROAD,
         OVERBRIDGE, VELAKUDI,
         TRIVANDRUM-695 024,
         REPRESENTED BY ITS CHAIRMAN

         BY GOVERNMENT PLEADER SRI. HANIL KUMAR HARSHAN

     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.16230/2021
                                :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 4.1885 Hectares of

land in Karukutty Village of Aluva Taluk in Ernakulam District.

The estimated project life of the activity is 31 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. This Court has considered the said issue and has

held in the judgment WP(C) No.17533/2020 and connected

cases that the decision of SEIAA to limit the validity of

Environment Clearances to be granted for mining projects to 5 WP(C) No.16230/2021

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 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

follow the procedure mentioned in Clause 8 of 2006 WP(C) No.16230/2021

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.16230/2021

APPENDIX OF WP(C) 16230/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE DATED 22.12.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE FORM-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 3.11.2011 ISSUED BY THE CENTRAL GOVERNMENT CONSTITUTING THE STATE LEVEL ENVIRONMENT 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 GO(P) NO 1/2018/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 APPROVED MINING PLAN SUBMITTED BY THE PETITIONER Exhibit P6 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 73RD MEETING OF THE 3RD RESPONDENT HELD 0N 30 &31.5.20217 Exhibit P7 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 2ND RESPONDENT DATED 16.11.2017, DECIDING TO GRANT ENVIRONMENTAL CLEARANCE TO THE PETITIONERS 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.16230/2021

Exhibit P9 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUS OF THE 89TH MEETING OF THE 2ND RESPONDENT DATED 27.2.2019 WHEREIN IT REITERATED ITS DECISION TO FOLLOW EXHIBIT P8 Exhibit P10 A TRUE PHOTOCOPY OF THE DETAILED REPRESENTATION DATED 20.6.2021 PREFERRED BEFORE THE 2ND RESPONDENT

SR