Sachu Rajan Eapen vs State Of Kerala
2021 Latest Caselaw 4071 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        WP(C).No.1384 OF 2021(W)


PETITIONER/S:

                SACHU RAJAN EAPEN
                KALLUVILA ESTATE, MURINJAKAL P.O., KOODAL,
                PATHANAMTHITTA DISTRICT-689 693.

                BY ADVS.
                SRI.SANTHOSH MATHEW
                SRI.ARUN THOMAS
                SRI.JENNIS STEPHEN
                SRI.VIJAY V. PAUL
                SMT.KARTHIKA MARIA
                SRI.ANIL SEBASTIAN PULICKEL
                SMT.DIVYA SARA GEORGE
                SMT.JAISY ELZA JOE
                SMT.VEENA RAVEENDRAN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
                DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

      2         KERALA STATE POLLUTION CONTROL BOARD,
                PLAMOODU JUNCTION, PATTAM PALACE P.O.,
                THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS MEMBER
                SECRETARY.

      3         THE MEMBER SECRETARY,
                KERALA STATE POLLUTION CONTROL BOARD, PLAMOODU
                JUNCTION, PATTAM PALACE P.O., THIRUVANANTHAPURAM-695
                004.

      4         THE EMVIRONMENTAL ENGINEER (PATHANAMTHTTA),
                KERALA STATE POLLUTION CONTROL BOARD, OPPOSITE
                GENERAL HOSPITAL, K.K.NAIR ROAD, KUNNITHOTTATHIL
                BUILDING,PATHANAMTHITTA-689 645.

      5         STATE ENVIRONMENT IMPACT ASSESSEMENT AUTHORITY
                (SEIAA),4TH FLOOR KSRTC BUS TERMINAL BUILDING,
                THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED
                BY ITS MEMBER SECRETARY.
 WP(C).No.1384 OF 2021(W)         2




       6       STATE EXPERT APPRAISAL COMMITTEE (SEAC),
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS
               MEMBER SECRETARY.

       7       THE DISTRICT COLLECTOR,
               2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA-
               689 645.


               GP: SRI.PAUL ABRAHAM VAKKANAL
               SC: SRI.M.P.SREEKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1384 OF 2021(W)                3




                                   JUDGMENT

The petitioner has approached this Court seeking a direction to the

respondents to convene the public hearing based on Exts.P5 and P6, within

the time limit prescribed under the Environment Impact Assessment

Notification 2006, inter alia by following the guide lines prescribed in

Ext.P7 office memorandum dated 14.9.2020.

2. When the matter came up for admission, this Court enquired

with the learned Government Pleader as also the learned Standing Counsel

for respondents 2 to 6, as to when the public hearing could be convened by

observing the Covid protocol, as also other formalities. While respondents

2 to 6 have indicated that subject to the directions issued by the State

Government, they can go ahead with the public hearing on 9 th or 10th

March 2021, through a memo filed by the learned Government Pleader

producing the report of the District Collector some reservation had been

expressed with regard to the conduct of the public hearing on the said

dates. I, therefore, adjourned the case to today, so as to ascertain from the

District Collector, as to whether the hearing could be scheduled on 9 th or

10th March 2021, as desired. It was also brought to my notice by the

learned counsel for the petitioner that a similar public hearing in respect

of another quarrying unit has been scheduled on 3.3.2021, at a different

venue in the same district.

3. After considering the apprehensions pointed out by the

District Collector, I am of the view that arrangements can be made for

conducting the public hearing in the case of the petitioner's unit also in

March. Accordingly, I dispose the writ petition by directing the

respondents to schedule the public hearing in connection with the

Environment Clearance sought by the petitioner on 9 th or 10th March 2021,

by issuing an appropriate notification for the same. The notification to be

issued by the respondents shall adhere to the format in Exts.P11 and P12

and the precautionary measures indicated therein shall be adopted for the

purposes of the public hearing to be held in relation to the petitioner.

4. Responding to the apprehension of the petitioner as regards

the notification of election being cited as a hurdle to the conduct of the

public hearing, I make it clear, that the notification of election shall not be

treated as an obstacle to the conduct of the public hearing directed in this

judgment.

This writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 26.08.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT DATED 03.06.2020 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR ENVIRONMENTAL CLEARANCE ALONG WITH THE COVERING LETTER WITHOUT ANNEXURES SUBMITTED BY THE PETITIONER TO THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(SEIAA).

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF SEIAA APPROVING THE TERMS OF REFERENCE IN ITS 104TH MEETING HELD ON 22ND, 23RD AND 24TH JUNE, 2020.

EXHIBIT P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER ON 28.12.2020 TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED ON 30.12.2020 O THE 7TH RESPONDENT BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14TH SEPTEMBER, 2020 ISSUED BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE IMPACT ASSESSMENT DIVISION.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 21.01.2021 ISSUED BY THE ENGINEER OF THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 11.12.2020 ISSUED BY THE 7TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 23.12.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 21.01.2021 ISSUED BY THE 7TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 28.01.2021 ISSUED BY THE 2ND RESPONDENT