Kerala High Court
M/S Majeeda Crusher vs State Environment Impact ... on 24 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942
WP(C).No.4804 OF 2021(A)
PETITIONER:
M/S MAJEEDA CRUSHER, REP. BY ITS PROPRIETOR T.P.
ABDUL BASHEER, AGED 65 YEARS, S/O IBRAHIMKUTTY,
PRAPOYIL, CHOORAPADAVU, THALIPARAMBA,
KANNUR DISTRICT - 670354.
BY ADVS.
SRI.T.P.SAJID
SMT.SHIFA LATHEEF
RESPONDENTS:
1 STATE ENVIRONMENT 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-685001, REP BY ITS MEMBER
SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.4804 of 2021
==================
Dated this the 24th 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.4804 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.4804 OF 2021(A)
APPENDIX
PETITIONER'S APPENDIX
EXT.P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED
04.08.2020 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD TO THE PETITIONER.
EXT.P2 TRUE COPY OF THE LEASE AGREEMENT DATED 24.01.2018
ISSUED TO THE PETITIONER.
EXT.P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH
WAS APPROVED ON 20.09.2016 BY THE GEOLOGIST, MANNUR.
EXT.P4 TRUE COPY OF THE TAX RECEIPT DATED 04.08.2020 ISSUED
BY THE VILLAGE OFFICER, VAYAKARA.
EXT.P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.09/2017
DATED 22.05.2017 ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXT.P6 TRUE COPY OF THE MINUTES 34TH MEETING OF THE SEIAA
HELD ON 31.10.2014.
EXT.P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE
STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
DATED 27.02.2019
EXT.P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR & ORS. V.
STATE OF HARYANA & ORS. REPORTED IN 2012 4 SCC 629
EXT.P9 TRUE COPYOF THE ORDER DATED 03.11.2020 PASSED BY
THIS HONOURABLE COURT IN WPC 23578/2020
EXT.P10 TRUE COPY OF THE JUDGMENT DT. 19.01.2021 PASSED BY
THIS HONOURABLE COURT IN WPC 1154/2021
EXT.P11 TRUE COPY OF THE APPLICATION DT.22.02.2021
-----
