Jss Granites vs State Environmental Impact ...
2021 Latest Caselaw 4685 Ker

                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.3280 OF 2021(H)


PETITIONER/S:

                JSS GRANITES
                ROOM NO.MM 16/1038 Q, JSS SHOPPING MALL, CH BYE PASS
                ROAD, KUARUVAMBRAM POST, MALAPPURAM-676 123,
                REPRESENTED BY ITS MANAGING PARTNER HASIM MALIK ,
                AGED 38 YEARS, S/O. ABDULLA, RESIDING AT KUTTASSERRY
                HOUSE, KUTHUKKAL ROAD, MANJERI P.O. , MANJERI
                VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT-676 121

                BY ADV. SRI.T.P.SAJID

RESPONDENT/S:

      1         STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
                (SEIAA)
                4TH FLOOR, KSRTC BUST TERMINAL BUILDING, THAMPANOOR,
                THIRUVANANTHAPURAM-685 001, REPRESENTED BY ITS MEMBER
                SECRETARY

      2         STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
                4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
                THIRUVANANTHAPURAM-685 001, REPRESENTED 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.3280 OF 2021(H)

                                      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 it has yet to file formal application before the SEIAA, for

the purposes of re-validation of the Environment Clearance certificate already

obtained by it.

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 it in

the past. The SEIAA shall, on receipt of the said application, inform the

applicant of the further documents/details if any required from it for processing

its 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.

WP(C).No.3280 OF 2021(H)

The writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd WP(C).No.3280 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE DATED 7.1.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 10.5.2019 ISSUED TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 23.10.2017 BY THE GEOLOGIST, MALAPPURAM

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CONTROLLER OF EXPLOSIVES DATED 1.12.2020

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.43/2018 DATED 9.2.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P6 TRUE COPY OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014

EXHIBIT P7 TRUE COPY OF THE MINUTES OF 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2020

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 WPC NO.23578/2020

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19.01.2021 PASSED BY THIS HON'BLE COURT IN WPC NO.1154/2021

EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 4.2.2021