Kerala High Court
Jilson Joseph vs State Environmental Impact ... on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.3337 OF 2021(N)
PETITIONER/S:
JILSON JOSEPH,AGED 46 YEARS
S/O.V.M.JOSEPH, VELIYATHIL HOUSE
PULIKURUMBA PO, NADUVIL (VIA), KANNUR 670 582.
BY ADVS.
SRI.T.P.SAJID
SMT.SHIFA LATHEEF
RESPONDENT/S:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
SEIAA,4TH FLOOR, KSRTC BUS TERMINAL BUILDING,
THAMPANOOR, THIRUVANANTHAPURAM 685 001, REP.BY ITS
MEMBER SECRETARY.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM 685 001, REP.BY ITS MEMBER
SECRETARY.
OTHER PRESENT:
SC: SRI.M.P SREEKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3337 OF 2021(N) 2
JUDGMENT
In this writ petition, the petitioner has approached this Court seeking the
benefit of the directions issued by this Court in the judgment dated 2.11.2020 in
W.P.(C).No.17533/2020 and connected cases, whereby, this Court directed the
State Environment Impact Assessment Authority [SEIAA] to consider the
application for enhancement of validity of the Environment Clearance Certificate,
by estimating the Project Life of the particular project, and complete the exercise
within an outer time limit of four months from the date of receipt of the
application. It is seen that while the directions were issued only in the cases that
were disposed by the judgment referred above, the petitioner herein seeks an
identical relief although he has yet to file formal application before the SEIAA, for
the purposes of re-validation of the Environment Clearance certificate already
obtained by him.
2. Taking note of the aforesaid facts, I deem it appropriate to dispose this
writ petition also in line with the directions issued in the judgment referred
above, making it clear that the petitioner herein shall prefer application before
the SEIAA within a week from the date of receipt of a copy of this judgment, for
re-validation of the Environment Clearance Certificate already issued to him in
the past. The SEIAA shall, on receipt of the said application, inform the
applicant of the further documents/details if any required from him for
processing his application, within 2 weeks therefrom. Thereafter, on receipt of
the information called for, the SEIAA shall consider that application and pass
orders as directed by this Court within four months from the date of receipt of
the information from the petitioner.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
sd
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CONSENT OT OPERATE DATED
11/9/2020 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED
22/12/2017 ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT
ANNEXURES WHICH WAS APPROVED ON 14/12/2016
BY THE GEOLOGIST, KANNUR.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONTROLLER OF EXPLOSIVES DATED 28/2/2020
EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
NO.86/2017 DATED 29/11/2017 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 34TH
MEETING OF THE SEIAA HELD ON 31/10/2014.
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE 89TH
MEETING OF THE STATE ENVIRONMENTAL IMPACT
ASSESSMENT AUTHORITY DATED 27TH FEBRUARY
2019.
EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND
OTHERS VS.STATE OF HARYANA AND OTHERS
REPORTED IN 2012 4 SCC 629
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3/11/2020
PASSED BY THIS HON'BLE COURT IN W.P.(C)
NO.23578/2020
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19/1/2021
PASSED BY THIS HON'BLE COURT IN W.P.(C)
NO.1154/2021
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED
30/1/2021
