M/S Malabar Aggregates Pvt. Ltd vs State Environmental Impact ...
2021 Latest Caselaw 6437 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4687 OF 2021(I)


PETITIONER:

      1        M/S MALABAR AGGREGATES PVT. LTD.,
               REPRESENTED BY ITS DIRECTOR E.A. ABDUL KARIM, AGED
               58 YEARS, S/O. ALIKUNJU, OZHUKUR P.O., MONGAM VIA
               KONDOTTY, MALAPPURAM DISTRICT-673642.

               BY ADVS.
               SRI.T.P.SAJID
               SRI.K.P.MOHAMED SHAFI
               SMT.SHIFA LATHEEF

RESPONDENTS:

      1        STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
               (SEIAA),
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
               MEMBER SECRETARY.

      2        STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), 4TH
               FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM - 685001, REP. BY ITS MEMBER
               SECRETARY.

               BY SRI.M.P.SREEKRISHNAN, SC, SEIA AND SEAC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
        ==================
              W. P. (C) No.4687 of 2021
        ==================
       Dated this the 23rd 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.4687 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.4687 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 11/02/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 18/08/2017 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 07/07/2017 BY THE GEOLOGIST, MALAPPURAM.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 10/03/2017.

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.164/2016 DATED 31/10/2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE MINUTES 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 V. STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 03/11/2020 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 16/02/2021.

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