Kerala High Court
Reena Metals vs State Environment Impact ... on 15 July, 2021
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. 14095 OF 2021
PETITIONER:
M/S REENA METALS
M.T.89-S, HIGHWAY ARCADE, THANA, KANNUR DISTRICT-670002,
REP. BY ITS MANAGING PARTNER K.C.JAMES.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENTS:
1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA)
4TH FLOOR, KSRTC BUST TERMINAL NBUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-685001, REP. BY ITS MEMBER SECRETARY.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), 4TH FLOOR,
KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-685001, REP. BY ITS MEMBER SECRETARY.
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.
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W. P. (C) No.14095 of 2021
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Dated this the 15th 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 entrepreneur 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 entrepreneurs
to file applications before the SEIAA seeking re-
validation of the environment clearance
W. P. (C) No.14095 of 2021
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
W. P. (C) No.14095 of 2021
pass orders within four months.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C) NO. 14095 OF 2021
APPENDIX
PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED
24.09.2018 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD TO THE PETITIONER.
EXT.P2 TRUE COPY OF THE LEASE ORDER DATED 18.03.2017.
EXT.P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES
APPROVED ON 19.8.17 BY THE GEOLOGIST, KANNUR.
EXT.P4 TRUE COPY OF LICENSE DATED 19.02.13.
EXT.P5 TRUE COPY OF THE ENVORONMENTAL CLEARANCE NO.11/2017
BY THE 1ST RESPONDENT DATED 17.01.2017.
EXT.P6 TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE
SEIAA HELD ON 31.10.14.
EXT.P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE
STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
DATED 27TH FEBRUARY, 2020.
EXT.P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR & OTHERS V.
STATE OF HARYANA & OTHERS REPORTED IN 212 4 SCC 629.
EXT.P9 TRUE COPY OF THE ORDER DATED 03.11.20 PASSED BY THIS
HONOURABLE COURT IN WPC 23578/20.
EXT.P10 TRUE COPY OF THE JUDGMENT DATED 02.07.21 PASSED BY
THIS HONOURABLE COURT IN WPC 12357/21.
EXT.P11 TRUE COPY OF THE APPLICATION DATED 5.7.21.
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