Kerala High Court
Kannur District Black Rock ... vs State Environment Impact ... on 8 July, 2021
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. 13529 OF 2021
PETITIONER/S:
KANNUR DISTRICT BLACK ROCK CRUSHERS & SAND MAKING
INDUSTRIES PVT. LTD. REPRESENTED BY MD PANDIKKASSALAYIL
PALLLIKKAL MUHAMMED, AGED 63 YEARS, S/O.HAMZA HAJI,
REGISTERED OFFICE, TTN 31A, WARD 9, KOUSER COMPLEX
LATEX JUNCTION, KANNUR - 670002
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. 13529 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 CONSENT TO OPERATE DATED 25.02.2019 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER
EXT.P1(a) COPY OF THE RESOLUTION DATED NIL PASSED BY THE PETITIONER
FIRM AUTHORISING MR.PANDIKASSALAYIL PALLIKKAL MUHAMMED
EXT.P2 COPY OF THE LEASE AGREEMENT DATED 01.07.2019 ISSUED TO THE
PETITIONER
EXT.P3 COPY OF THE MINING PLAN WITHOUT ANNEXURES APPROVED ON
15.05.2019 BY THE GEOLOGIST, KANNUR
EXT.P4 COPY OF THE ORDER BEARING NO.E/SC/KL/22/903/E42261 DATED
26.09.2019
EXT.P5 COPY OF THE ENVIRONMENTAL CLEARANCE NO.33/2017 BY THE 1ST
RESPONDENT DATED 06.05.2017
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 11.06.2021
