Beta Granite (P) Ltd vs The State Environment Impact ...
2021 Latest Caselaw 5548 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                      WP(C).No.3059 OF 2021(F)




PETITIONER:
              BETA GRANITE (P) LTD
              ANTHIYOORKUNNU, PULIKKAL P.O, MALAPPURAM DISTRICT,
              REPRESENTED BY ITS MANAGING DIRECTOR/AUTHORIZED
              SIGNATORY MR. P.K ABDULLA KOYA, S/O KASMIKOYA AGED
              63 YEARS, RESIDING AT 2/608, NOOR MAHAL, MATHOTTAM,
              ARAKKINAR P.O, BEYPOOR VILLAGE., KOZHIKODE TALUK ,
              KOZHIKKODE DISTRICT.

              BY ADV. SRI.K.RAKESH

RESPONDENTS:
       1     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
             KERALA
             DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, 4TH
             FLOOR, K.S.R.T.C BUS TERMINAL, THAMPANOOR,
             THIRUVANANTHAPURAM, PIN 691 001
             REPRESENTED BY ITS MEMBER SECRETARY

      2       THE STATE LEVEL EXPERT APPRAISAL COMMITTEE
              REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE STATE
              LEVEL APPRAISAL COMMITTEE, PALLIMUKKU, KANNAMOOLA
              ROAD, OVER BRIDGE, VELAKKUDI, THIRUVANANTHAPURAM
              PIN 695 024

      3       THE DIRECTOR,
              MINING AND GEOLOGY DEPARTMENT, DIRECTORATE OF
              MINING AND GEOLOGY KESAVADASAPURAM, PATTOM P.O,
              THIRUVANANTHAPURAM, PIN 695 004

      4       THE GEOLOGIST,
              DISTRICT OFFICE, MINING AND GEOLOGY DEPARRMENT,
              MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT ,
              PIN 676 121


               GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
        ==================
              W. P. (C) No.3059 of 2021
        ==================
       Dated this the 16th day of February, 2021

                        JUDGMENT

The petitioner seeks for re-validation of the

environment clearance certificate, 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

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. Formal

application needs to be filed before the SEIAA

seeking re-validation of the Environment Clearance

Certificate already issued to the petitioner.

3. Taking note of the aforesaid facts, I deem

it appropriate to dispose of this writ petition

also in line with the directions issued in the W. P. (C) No.3059 of 2021

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 petitioner 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/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.3059 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 25-08-2017

EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE FIRST RESPONDENT , DATED 25-08-2017

EXHIBIT P3 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE FIRST RESPONDENT ON 23-06-2017

EXHIBIT P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO REVALIDATE THE ENVIRONMENTAL CLEARANCE BEFORE THE CHAIRMAN, SEIIA KERALA/ENVIRONMENT AND CLIMATE CHANGE, THAMPANOOR

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED, 19-1-2021 IN WP(C) NO. 28833/2020 OF THIS HON'BLE COURT.

--------------