Kerala High Court
Rajesh T.V vs State Environment Impact ... on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 13842 OF 2021
PETITIONER:
RAJESH T.V
AGED 46 YEARS, S/O.T.V.KUNHIRAMAN,
RAJESH BHAVAN, KEEZHATTUR, TALIPARAMBA POST, KANNUR -
670141
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENTS:
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
1
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM - 685001 REPRESENTED BY ITS MEMBER
SECRETARY
STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), 4TH
FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPUM - 685001 REPRESENTED BY ITS MEMBER
SECRETARY
BY ADV:M.P.SREEKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 13842 OF 2021
SATHISH NINAN, J.
==================
W. P. (C) No.13842 of 2021
==================
Dated this the 13th day of July, 2021
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.
2. 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).
3. 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
WP(C) NO. 13842 OF 2021
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
rsr
WP(C) NO. 13842 OF 2021
APPENDIX OF WP(C) 13842/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE CONSENT TO OPERATE DATED
14.11.2017 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED
4.4.2018 ISSUED TO THE PETITIONER
Exhibit P11 TRUE COPY OF THE APPLICATION DATED
Exhibit P3 TRUE COPY OF THE PRODUCTION AND DEVELOPMENT
PLAN
Exhibit P4 TRUE COPY OF THE ORDER BEARING
NO.E/SC/KL/22/903/E42261 DATED 26.9.2019
Exhibit P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
NO.33/2017 BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE MINUTES OF THE 34TH OF THE
SEIAA HELD ON 31.10 2014
Exhibit P7 TRUE COPY OF THE MINUTES OF 89TH MEETING OF
THE STATE ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY DATED 27TH FEBRUARY 2020
Exhibit P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR &
OTHERS VS STATE OF HARYANA & OTHERS REPORTED
IN 2012 4 SCC 629
Exhibit P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED
BY THE HON'BLE COURT IN WPC NO.23578/2020
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 9.01.2021
PASSED BY THIS HON'BLE COURT IN WPC
NO.1154/2021
WP(C) NO. 13842 OF 2021
