Shah Quarry vs State Environmental Impact ...
2021 Latest Caselaw 14885 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                             WP(C) NO. 14077 OF 2021
PETITIONER:

              M/S SHAH QUARRY
              THEKKUVILAMELATHIL, KUDAVATTOOR P.O., KOTTARAKKARA, KOLLAM
              REPRESENTED BY MANAGING PARTNER S.SHAJI.

              BY ADVS.
              ENOCH DAVID SIMON JOEL
              RONY JOSE
              S.SREEDEV
              SUZANNE KURIAN
              CIMIL CHERIAN KOTTALIL



RESPONDENTS:

     1        STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA
              K.S.R.T.C.BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
              THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS MEMBER
              SECRETARY.

     2        THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ASRAMAM,
              KOLLAM - 691 008.

              BY ADV. SRI.M.P.SREEKRISHNAN, SC, SEIAA & SEAC


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
               W. P. (C) No.14077 of 2021
           ==================
           Dated this the 15th day of July, 2021

                           JUDGMENT

Seeking issuance of movement permit, the

petitioner has approached the second respondent with Ext.P4 application dated 17.06.2021. According

to the petitioner, the same is not being considered

by the second respondent stating that the period of

environmental clearance certificate (Ext.P2)

expired on 31.05.2021.

2. Ext.P3 is the Gazette notification dated

18.01.2021 issued by the Ministry of Environment,

Forests and Climate Change, as per which it has

been directed that the period from 01.04.2020 to

31.03.2021 shall not be considered for the purpose

of calculation of period of validity of prior

environment clearance. Paragraph 9A of the

Environmental Impact Assessment Notification 2006

has been amended accordingly. In view thereof,

Ext.P4 application is liable to be considered

excluding the said period as mentioned in Ext.P3 W. P. (C) No.14077 of 2021

Notification, for calculating the period of

validity of environmental clearance.

The writ petition is disposed of directing the

second respondent to consider Ext.P4 application

for movement permit, in the light of Ext.P3

notification, and pass appropriate orders as

expeditiously as possible and at any rate within a

period of six weeks from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 14077 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE QUARRYING LEASE DATED 14.11.16 VALID TILL 6.11.24 ISSUED TO THE PETITIONER.

EXT.P1(a) TRUE COPY OF THE CONSENT DATED 21.04.21 VALID TILL 31.5.22 ISSUED BY THE POLLUTION CONTROL BOARD.

EXT.P1(b) TRUE COPY OF THE TRADE LICENSE DATED 03.04.21 VALID TILL 31.3.22 ISSUED BY THE CHADAYAMANGALAM GRAMA PANCHAYAT.

EXT.P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.83/16 DATED 01.06.16 VALID TILL 31.5.21 ISSUED BY THE 1ST RESPONDENT.

EXT.P3 TRUE COPY OF THE NOTIFICATION DATED 18.1.21 BEARING NO.SO.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREESTS AND CLIMATE CHANGE.

EXT.P4 TRUE COPY OF THE APPLICATION DATED 17.06.21 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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