Abdul Azeez vs State Environmental Impact ...
2021 Latest Caselaw 14270 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                        WP(C) NO. 13553 OF 2021
PETITIONER/S:

             ABDUL AZEEZ,AGED 51 YEARS
             S/O.KUNAHAMED, EKC GRANITE
             KANNAMANGALAM WEST P.O., A.R.NAGAR
             MALAPPURAM DISTRICT -676305

             BY ADVS.
             T.P.SAJID
             SHIFA LATHEEF



RESPONDENT/S:

     1       STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA
             4TH FLOOR, KSRTC BUS TERMINAL BUILDING
             THAMPANOOR, THIRUVANANTHAPURAM - 685001 REPRESENTED
             BY ITS MEMBER SECRETARY
     2       STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
             4TH FLOOR, KSRTC BUS TERMINAL BUILDING
             THAMPANOOR, THIRUVANANTHAPURAM - 685001
             REPRESENTED BY ITS MEMBER SECRETARY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13553 OF 2021                 2



                                 JUDGMENT

The petitioner seeks for re-validation of the

environment clearance certificate issued to the quarry

being conducted by him, for the life of the project.

In T. Mathew Abraham v. State Level Environment Impact Assessment

Authority and Ors. [2020 (6) KLT 302], this Court has declared the

entitlement of the enterpreneur for issuance of environment

clearance for the life of the project as may be estimated

by the State Environment Impact Assessment Authority

(SEIAA). The SEIAA is to estimate the life of the project

with due consideration to the recommendations of the State

Expert Appraisal Committee (SEAC).

In a series of writ petitions (WP(C) 1154/2021 and

connected cases) seeking similar relief, this Court has

directed the enterpreneurs to file applications before the

SEIAA seeking re-validation of the environment clearance

certificates already issued to them and the same have been

directed to be considered. There is no reason to deviate

therefrom.

In the result, the writ petition is disposed of with

the following directions:-

(i) The petitioner may prefer an application

before the SEIAA seeking re-validation of the

environment clearance certificate already issued

to them.

(ii) SEIAA shall consider such application on

arriving at the life of the project and pass

orders within four months from the date of receipt

of the application.

(iii) If any further details are required from the

petitioner for passing orders on the application,

the same shall be intimated to the petitioner

within two weeks from the receipt of the

application referred to in clause (i) above.

(iv) On such details being furnished, the SEIAA

shall consider such application on arriving at the

life of the project and pass orders within four

months.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX PETITIONER'S EXHIBITS

EXT.P1 COPY OF THE LICENSE DATED 07.05.2019 ISSUED BY THE KANNAMANGALAM GRAMA PANCHAYAT

EXT.P2 COPY OF THE LEASE AGREEMENT DATED 15.02.2019 ISSUED TO THE PETITIONER

EXT.P3 COPY OF THE MINING PLAN WITHOUT ANNEXURES APPROVED ON 08.01.2019 BY THE GEOLOGIST, MALAPPURAM

EXT.P4 COPY OF THE ORDER BEARING NO.E/SE/KL/22/215/E114981 DATED 18.02.2021

EXT.P5 COPY OF THE ENVIRONMENTAL CLEARANCE NO.52/2018 BY THE 1ST RESPONDENT

EXT.P6 COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014

EXT.P7 COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2020

EXT.P8 COPY OF THE ORDER IN DEEPAK KUMAR & OTHERS VS. STATE OF HARYANA & OTHERS REPORTED IN 2012 4 SCC 629

EXT.P9 COPY OF THE ORDER DATED 03.11.2020 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.23578/2020

EXT.P10 COPY OF THE JUDGMENT DATED 19.01.2021 PASSED BY THIS HON'BLE COURT IN W/O.(C) NO.1154/2021

EXT.P11 COPY OF THE APPLICATION DATED 05.07.2021