Marath Enterprises And Crushers ... vs State Environmental Impact ...
2021 Latest Caselaw 17465 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                          WP(C) NO. 14476 OF 2021
PETITIONER:

              M/S.MARATH ENTERPRISES AND CRUSHERS PVT LTD
              NO.4, KUWAIT BUILDING, GURUVAYOOR ROAD, KOOTTANAD P.O.,
              PALAKKAD DISTRICT, REP. BY ITS MANAGING DIRECTOR, T.K.
              SUBRAMANINAN, S/O.KUTTIMAN, AGED 73 YEARS.

              BY ADVS.
              BABU S. NAIR
              S.K.SAJU



RESPONDENTS:

     1        STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA
              REP. BY ITS SECRETARY, DEVIKRIPA, PALLIMUKKU, PETTAH,
              THIRUVANANTHAPURAM DISTRICT, PIN 695 024

     2        THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
              PALAKKAD, PALAKKAD DISTRICT, REP. BY ITS CHAIRMAN,
              DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD PIN 678 001

              BY ADV SHRI.M.P.SREEKRISHNAN, SC, SEIAA AND SEAC



OTHER PRESENT:

              SMT. SURYA BINOY.B. -SR. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14476 OF 2021
                                         2

                                  JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) Declare that Exhibit P1 environmental clearance issued by the State Environmental Impact Assessment Authority Kerala, to the petitioner, is valid till 10.06.2022.

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 1st respondent - State Environmental Impact Assessment Authority, Kerala to consider the application of the petitioner for environmental clearance on the petitioner submitting copies of all documents directly, without insisting for any application fees as the petitioner had already remitted the same, forthwith."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for the 1st respondent.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had been issued with Ext.P1 Environmental

Clearance which is valid till 10.06.2022. It is submitted that the

said clearance had been challenged by one Sulaiman before this

Court on the ground that the clearance had to be given by the 2 nd

respondent and not by the 1st respondent. It is submitted that, by

Ext.P4 judgment, the Environmental Clearance granted to the

petitioner had been set aside and a direction was issued to the 2 nd WP(C) NO. 14476 OF 2021

respondent and 3rd respondent therein, who were the State

Environment Impact Assessment Authority and the State Expert

Appraisal Committee to forward the files pertaining to the

application submitted by the petitioner for Environmental

Clearance to the 2nd respondent. It is submitted that, while so, the

National Green Tribunal, Principal Bench passed Ext.P5 order

holding that the District Authority was not competent to consider

the application for Environmental Clearance. It is submitted that

thereafter, the petitioner again approached this Court and by

Ext.P6 judgment, the District Authority was directed to forward

the files pertaining to the petitioner's application to the 1 st

respondent and the 1st respondent was directed to take a decision

on the application within two months. It was further stated that if

the petitioner had already remitted the requisite fee, the State

Authority shall not insist for the filing of any fresh application or

remitting any fresh fees.

4. The learned counsel for the petitioner submits that the

entire files relating to the application for Environmental Clearance WP(C) NO. 14476 OF 2021

was pending before the 2nd respondent and the 2nd respondent

was duty bound to forward the same to the 1 st respondent.

However, though certified copy of Ext.P6 judgment was produced

by the petitioner before the 2 nd respondent for compliance, the

petitioner was informed that the files are missing and that the

direction could, therefore, not be complied with in full. The

petitioner, thereupon, approached the 1 st respondent seeking

permission to submit the duplicates of all the documents for a

consideration of the application for Environmental Clearance, but

it is submitted that the said request was not acceded to. The

petitioner, therefore, seeks permission to submit the duplicates of

the documents in its possession so that the issue can be

considered as directed in Ext.P6.

5. The learned Government Pleader submits that the

available records with regard to the petitioner's application have

already been forwarded to the 1 st respondent. However, it is

submitted that some of the records have been misplaced from the

possession of the 2nd respondent and could not be traced out by WP(C) NO. 14476 OF 2021

the 2nd respondent and that therefore, the entire files could not be

forwarded.

6. The 1st respondent has placed a statement on record. It

is submitted that, pursuant to Ext.P6, the 2 nd respondent had

been repeatedly required to transmit the files with regard to the

petitioner's application for Environmental Clearance to the 1 st

respondent. It is stated that though several communications had

been issued, the entire documents have not been forwarded by

the 2nd respondent till date. It is submitted that though certain

documents had been forwarded, it was noticed that the

documents forwarded by the 2 nd respondent were with regard to

another survey number and that the said documents were not

sufficient to consider the application submitted by the petitioner.

7. Having considered the contentions advanced, I find that

Ext.P6 judgment was categorically directed for a consideration of

the application for Environmental Clearance by the 1 st

respondent. The 2nd respondent, in whose possession the files had

been placed pursuant to Ext.P4 judgment, had been directed to WP(C) NO. 14476 OF 2021

forward the entire files to the 1st respondent for a consideration of

the application without remittance of fresh fees or the submission

of fresh application. I am of the opinion that directions contained

in Ext.P6 are liable to be complied with in full. In the view of the

fact that the 2nd respondent submits that the files are not

traceable with the 2nd respondent at present, I am of the opinion

that the petitioner is liable to be permitted to make available the

duplicates of the relevant documents, which are available with

the petitioner before the 1st respondent for a proper consideration

of the application. The circular produced by the 1 st respondent as

Ext.R1(a) shall not stand in the way of the consideration of the

application preferred by the petitioner as has been directed in

Ext.P6.

8. In the above view of the matter, the 2 nd respondent is

directed to endeavour to trace out the files with regard to the

application and forward the same to the 1 st respondent, at the

earliest, once such files are traced out. In the meanwhile, the

petitioner is permitted to upload the duplicates of the application WP(C) NO. 14476 OF 2021

along with all supporting documents in Indian Parivesh portal of

the 1st respondent for a consideration of the application as

directed in Ext.P6 judgment. The 1st respondent shall consider the

application of the petitioner for Environmental Clearance once the

duplicates of the application and the supporting documents are

uploaded by the petitioner on the Parivesh portal as directed

above. The 1st respondent shall take appropriate steps to see that

the petitioner is enabled to upload the documents through the

Parivesh portal as directed above. The petitioner shall also

produce evidence to show that the fees had been paid in respect

of the application, in which event, no fresh fees shall be insisted

upon by the 1st respondent. Appropriate steps shall be taken by

the 1st respondent in this regard within a period of two months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/01.09.2021 WP(C) NO. 14476 OF 2021

APPENDIX OF WP(C) 14476/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED TO THE PETITIONER BY 1ST RESPONDENT DT. 11/6/2017

Exhibit P2 TRUE COPY OF THE NOTIFICATION OF THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE DT, 15.1.2016.

Exhibit P3 TRUE COPY OF THE CLARIFICATION ISSUED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE DATED 15.3.16.

Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.18383/2018 DATED 19.6.2018

Exhibit P5 TRUE COPY OF THE ORDER OF THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH,NEW DELHI IN EA NO.55/2018 IN O.A.NO.520/2016 DATED, 11.12.2018.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED, 2.3.2020 IN W.P.(C) NO.6149/2020 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS

ANNEXURE R1(A) A TRUE COPY OF THE COMMUNICATION DATED 24.06.2020

ANNEXURE R1(B) A TRUE COPY OF THE COMMUNICATION DATED 09.07.2020 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD TO THE RDO, PALAKKAD

ANNEXURE R1(C) A TRUE COPY OF THE COMMUNICATION DATED 25.09.2020.

WP(C) NO. 14476 OF 2021

ANNEXURE R1(D) A TRUE COPY OF THE COMMUNICATION DATED 12.10.2020

ANNEXURE R1(E) A TRUE COPY OF THE COMMUNICATION DATED 02.12.2020

ANNEXURE R1(F) A TRUE COPY OF THE COMMUNICATION DATED 22.01.2021.

ANNEXURE R1(G) A TRUE COPY OF THE COMMUNICATION DATED 25.01.2021 ISSUED BY THE OFFICE OF RDO, PALAKKAD

ANNEXURE R1(H) A TRUE COPY OF THE OFFICER MEMORANDUM DATED 19.04.2021.