Kerala High Court
Edayan Aggregates Pvt. Ltd vs State Environmental Impact ... on 13 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 16637 OF 2021
PETITIONER:
M/S.EDAYAN AGGREGATES PVT. LTD. REPRESENTED BY MANAGING
DIRECTOR V.C.MATHEW, PERIYAPPURAM P.O, PAMPAKUDA,
ERNAKULAM-686667.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENTS:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
SEIAA, 4TH FLOOR, KSRTC BUS TERMINAL BUILDING,
THAMPANOOR, THIRUVANANTHAPURAM-685001 REPRESENTED BY
ITS MEMBER SECRETARY.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE(SEAC), 4TH
FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM 685001 REPRESENTED BY ITS MEMBER
SECRETARY.
ADV.SRI.M.P SREEKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16637 OF 2021
2
JUDGMENT
The petitioner seeks for re-validation of the
environment clearance certificate issued to the
quarry being conducted by him, for the life of the
project.
2. In T. Mathew Abraham v. State Level
Environment Impact Assessment Authority and Ors.
[2020 (6) KLT 302], this Court has declared the
entitlement of the entrepreneur for issuance of
environment clearance for the life of the project as
may be estimated by the State Environment Impact
Assessment Authority (SEIAA). The SEIAA is to
estimate the life of the project with due
consideration to the recommendations of the State
Expert Appraisal Committee (SEAC).
3. In a series of writ petitions (WP(C)
1154/2021 and connected cases) seeking similar
relief, this Court has directed the entrepreneurs to
WP(C) NO. 16637 OF 2021
file applications before the SEIAA seeking re-
validation of the environment clearance certificates
already issued to them and the same have been
directed to be considered. There is no reason to
deviate therefrom.
In the result, the writ petition is disposed of
with the following directions:-
(i) The petitioner may prefer an
application before the SEIAA seeking re-
validation of the environment clearance
certificate already issued to them.
(ii) SEIAA shall consider such application
on arriving at the life of the project and
pass orders within four months from the
date of receipt of the application.
(iii) If any further details are required
from the petitioner for passing orders on
the application, the same shall be
intimated to the petitioner within two
weeks from the receipt of the application
WP(C) NO. 16637 OF 2021
referred to in clause (i) above.
(iv) On such details being furnished, the
SEIAA shall consider such application on
arriving at the life of the project and
pass orders within four months.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO. 16637 OF 2021
APPENDIX
PETITIONER EXHIBITS
EXT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE
DATED 5.11.2018 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER.
EXT P2 TRUE COPY OF THE LEASE ORDER DATED 13.2.2019.
EXT P3 TRUE COPY OF THE MINING PLAN.
EXT P4 TRUE COPY OF LICENSE BEARING NO.A4-104/2021-22
DATED 1.4.2021.
EXT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
NO.103/2017 BY THE 1ST RESPONDENT DATED
22.12.2017.
EXT P6 TRUE COPY OF THE MINUTES OF THE 34TH MEETING
OF THE SEIAA HELD ON 31.10.2014.
EXT P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING
OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY DATED 27TH FEBRUARY,2020.
EXT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR &
OTHERS Vs.STATE OF HARYANA AND OTHERS REPORTED
IN 2012(4) SCC 629.
EXT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED
BY THIS HON'BLE COURT IN W.P(C) No.23578/2020.
EXT P10 TRUE COPY OF THE JUDGMENT DATED 2.07.2021
PASSED BY THIS HON'BLE COURT IN W.P(C)
No.12357/2021.
EXT P11 TRUE COPY OF THE APPLICATION DATED 2.8.2021.
