Saji P.K vs State Environmental Impact ...
2021 Latest Caselaw 16892 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                    WP(C) NO. 13973 OF 2021
PETITIONER:

         SAJI P.K.,
         AGED 51 YEARS,
         S/O.KARUNAKARAN,
         PALAKKATTUTHOTTTHILL HOUSE,
         OORAMANA P.O., KAINAD, PIN-686 766.

         BY ADV BIBIN KUMAR.K


RESPONDENT:

         STATE ENVIRONMENTAL IMPACT ASSESSMENT
         AUTHORITY -(SEIAA),
         REPRESENTED BY ITS SECRETARY,
         KSRTC BUS TERMINAL COMPLEX,
         4TH FLOOR, THAMPANOOR,
         THIRUVANANTHAPURAM, PIN-695 001.

         SRI.M.P.SREEKRISHNAN, SC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.08.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13973/2021
                               :2 :




                       JUDGMENT

~~~~~~~~~

Dated this the 12th day of August, 2021

The petitioner seeks to direct the respondent to

issue Environmental Clearance (EC) without any further delay.

The petitioner states that properties having an extent of 40.47

Ares of land in Survey No.604/5A, 11.73 Ares of land in

Survey No.604/5B, 32.38 Ares of land in Survey No.604/2A

and 36.42 Ares of land in Survey No.604/2B in Onakkoor

Village is owned by one Ajayan Joseph and his wife. The

owners wanted to develop the said land for which ordinary

earth had to be removed. The Owners gave the petitioner

Ext.P3 Consent to excavate ordinary earth from their

premises.

2. The petitioner submitted Ext.P4 application to the

Village Officer seeking to issue Non Assignment Certificate,

Taluk Surveyor's sketch, Extract of BTR Register and WP(C) No.13973/2021

Demarcation Certificate, in order to produce the same before

the Mining and Geology Department. Those were issued. The

petitioner thereupon submitted application for Environmental

Clearance Certificate on 05.08.2019. Ext.P10 is the inward of

the application and Ext.P11 is the application submitted before

the respondent-SEIAA.

3. By Ext.P12 letter dated 02.11.2019, the SEIAA

required the petitioner to make available the Mining Plan

approved by the Competent Authority and Ground Water level

details. The petitioner hence applied for Mining Plan from the

Mining and Geology Department. By Ext.P13, the Geologist

directed the petitioner to submit a Mining Plan as well as

Environmental Clearance. The petitioner submitted an Eco

Friendly Mining Plan which was approved by the Geologist.

The petitioner submitted approved Mining Plan to the SEAC.

The SEAC ordered inspection, which was held on 26.09.2020.

But, the application of the petitioner was not processed further

for the reason that one WP(C) No.16367/2020 is pending

before this Court. The said WP(C) No.16367/2020 was WP(C) No.13973/2021

disposed of on 21.12.2020 as per Ext.P16 judgment. Yet, the

respondent has not passed any orders on the application of

the petitioner.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the

respondent.

5. The application submitted by the petitioner for EC is

not being processed further in view of Ext.P16 judgment. A

perusal of Ext.P16 judgment would show that the same is

relating to stone quarrying units. In this case, removal of

ordinary earth is not for the purpose of stone quarrying. This

Court considered a similar issue in WP(C) No.2433/2021 and

ordered the writ petition with the following observations and

directions:

"3. Though it is pointed out that the pendency of WPC 16367/2020 before this Court would have been a reason for not granting the environmental clearance sought for, evidently the same relates only to stone quarrying and has no connection to the removal of ordinary earth. The learned Standing Counsel assures that orders will be passed on the petitioner's application without further delay.

WP(C) No.13973/2021

4. Let orders be passed within a period of two weeks from the date of receipt of a copy of the judgment."

In view of the similarity in facts, this writ petition also can be

disposed of with similar directions.

Accordingly, the writ petition is disposed of directing

the respondent to process the application of the petitioner

further and issue Environmental Clearance to the petitioner, if

he is otherwise eligible. Decision in this regard should be

taken within a period of six weeks.

Sd/-

N. NAGARESH, JUDGE

aks/25.08.2021 WP(C) No.13973/2021

APPENDIX OF WP(C) 13973/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 04.04.2019 ISSUED FROM ONAKKOOR VILLAGE OFFICE.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.04.2019 ISSUED FROM ONAKKOOR VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF THE CONSENT LETTER DATED 02.04.2019 ISSUED IN FAVOUR OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 17.06.2019 SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, ONAKKOOR. Exhibit P5 TRUE COPY OF THE REPORT FORWARDED FROM THE ONAKKOOR VILLAGE OFFICE TO THE TALUK OFFICE, MUVATTUPUZHA.

Exhibit P6 TRUE COPY OF THE NON ASSESSMENT DATED 14.01.2020 ISSUED FROM THE OANKKOOR VILLAGE OFFICE.

Exhibit P7 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED 14.01.2020 ISSUED FROM THE ONAKKOOR VILLAGE OFFICE. Exhibit P8 TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR, MUVATTUPUZHA TALUK OFFICE DATED 03.06.2019.

Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF BTR REGISTER.

Exhibit P10 TRUE COPY OF THE INWARD FOR THE APPLICATION DATED 05.08.2019 SUBMITTED BY THE PETITIONER BEFORE SEIAA.

Exhibit P11 TRUE COPIES OF REMITTANCE EFFECTED THROUGH DEMAND DRAFT ON BEHALF OF MEMBER SECRETARY SEIAA, TVM.

Exhibit P12 TRUE COPY OF THE LETTER DATED 02.11.2019 ISSUED FROM SEIAA.

Exhibit P13 TRUE COPY OF THE LETTER DATED 06.02.2020 ISSUED FROM DISTRICT MINING AND GEOLOGY DEPARTMENT, ERNAKULAM TO THE PETITIONER.

WP(C) No.13973/2021

Exhibit P14 TRUE COPY OF THE MINING PLAN DATED 17.02.2020 APPROVED BY THE DISTRICT GEOLOGIST, DISTRICT MINING AND GEOLOGY DEPARTMENT, ERNAKULAM.

Exhibit P15 TRUE COPY OF THE LETTER NO.2797/EC4/2019/SEIAA DATED 23.09.2020 ISSUED FROM SEIAA IN FAVOUR OF PETITIONER.

Exhibit P16 TRUE COPY OF THE JUDGMENT IN WPC NO.16367/2020 DATED 21.12.2020. Exhibit P17 TRUE COPY OF THE FILE STATUS OBTAINED BY THE PETITIONER FROM THE SITE OF SEIAA.

Exhibit P18 TRUE COPY OF THE SAID JUDGMENT DATED 24.02.2021 IN WPC NO.2433/2021.

SR