M/S Manjery Blue Metals vs State Environment Impact ...
2021 Latest Caselaw 6298 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.4396 OF 2021(Y)


PETITIONER:

               M/S MANJERY BLUE METALS
               REPRESENTED BY ITS MANAGING PARTNER, ABDUL MAJEED,
               AGED 48 YEARS, S/O UMMER HAJI, AMAYOOR P.O.,
               MANJERI VIA ERANAD TALUK, MALAAPPURAM-676 123.

               BY ADVS.
               SRI.T.P.SAJID
               SMT.SHIFA LATHEEF

RESPONDENTS:

      1        STATE ENVIRONMENT 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-695 001, REPRESENTED BY ITS
               MEMBER SECRETARY

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
        ==================
              W. P. (C) No.4396 of 2021
        ==================
       Dated this the 22nd 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.4396 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.4396 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 13.7.2020 ISSUED BY THE KERALA STATE POLLUTION BOARD TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 23.10.2017 ISSUED TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 5.3.2015 BY THE ASSISTANT GEOLOGIST MALAPPURAM DISTRICT

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 30.1.2019

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO 50.2016 DATED 27.4.2016 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

EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND OTHERS VS STATE OF HARYANA & OTHERS REPORTED IN 2014 IN 2012 4 SCC 629

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED BY THIS HON'BLE COURT IN 2WPC NO 23578/2020

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 119.1.2021 PASSED BY THIS HON'BLE COURT IN WPC NO 1154/2021

EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 16.2.2021

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