Palakkal Granites Private ... vs The State Environment Impact ...
2021 Latest Caselaw 561 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.424 OF 2021(C)


PETITIONER/S:

                PALAKKAL GRANITES PRIVATE LIMITED,
                R.S.NO.172, MYSORE PATTA, THOTTUMUKKAM.P.O,
                KOZHIKODE DISTRICT, PIN-673639, REPRESENTED BY ITS
                MANAGING DIRECTOR P.M.ABOOBAKER.

                BY ADV. SRI.S.K.SAJU

RESPONDENT/S:

      1         THE STATE ENVIRONMENT IMPACT ASSESSMENT
                AUTHORITY(SEIAA),KERALA, REPRESENTED BY ITS
                SECRETARY, K.S.R.T.C,BUS TERMINAL COMPLEX,
                4TH FLOOR, THAMPANOOR,
                THIRUVANANTHAPURAM-695001.

      2         STATE LEVEL EXPERT APPRAISAL COMMITTEE,
                REPRESENTED BY ITS CHAIRMAN,
                PALLIMUKKU,KANNAMOOLA ROAD, OVERBRIDGE, VELAKUDI,
                THIRUVANANTHAPURAM-695024.

      3         THE DIRECTOR, MINING AND GEOLOGY,
                DIRECTORATE OF MINING AND GEOLOGY,
                KESAVADASAPURAM, PATTOM.P.O,
                THIRUVANANTHAPURAM-695004.

      4         THE GEOLOGIST, DISTRICT OFFICE,
                MINING AND GEOLOGY DEPARTMENT,
                CIVIL STATION, KOZHIKODE, PIN-673020.


                BY SENIOR GOVERNMENT PLEADER, SRI.S GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.424/2021                      2



                                   JUDGMENT

Dated this the 7th day of January 2021

The petitioner is the holder of environmental

clearance. The validity period of the environmental

clearance would expire on 15.01.2021.

2. In the light of Ext.P4 Notification, this will

stand extended till 31.3.2021 or six months from the date

of expiry of validity, whichever is later.

3. The petitioner approached the first and second

respondents for extension of re-validation of Ext.P2

prior Environmental Clearance. That application is

pending. The petitioner placed reliance on Ext.P3

judgment of this Court. In that case, this Court has

taken the view that the validity of Environmental

Clearance to be issued for mining projects shall be the

project life, as estimated by the expert appraisal

committees concerned, subject to a maximum of 30 years.

In the light of Ext.P3 judgment, the petitioner's

request for re-validation shall be considered by the

first and second respondents within a period of three

months from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LEASE DEED BEARING NO.16 OF 2011 OF KOZHIKODE SUB REGISTRY DATED 18.11.2010.

EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE.

EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT DATED 02/11/2020 IN W.P.(C)N.17533 OF 2020.

EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION DATED 27.11.2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE