Kerala High Court
Nellikunnu Granite & Crusher Pvt. ... vs State Level Environment Impact ... on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 14270 OF 2021
PETITIONER:
M/S NELLIKUNNU GRANITE & CRUSHER PVT. LTD,
VANNATHICHIRA P.O, KAVILUMPARA VIA, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN-673513, REPRESENTED BY ITS
MANAGING DIRECTOR SRI.HAMEED CHERUVERI.
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
RESPONDENTS:
1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM - 695001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE, REPRESENTED BY
ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE,
VELAKUDI, TRIVANDRUM - 695 024.
BY ADV. SRI.M.P SREEKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14270 OF 2021
JUDGMENT
Dated this the 16th day of July, 2021
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
WP(C) NO. 14270 OF 2021
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,
WP(C) NO. 14270 OF 2021
the SEIAA shall consider such
application on arriving at the life of
the project and pass orders within four
months.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO. 14270 OF 2021
APPENDIX
EXT P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING
LEASE EXECUTED BETWEEN THE PETITIONER AND THE
COMPETENT AUTHORITY DATED 13.09.2017.
EXT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
15.12.2015 ISSUED BY THE 1ST RESPONDENT.
EXT P2(a) TRUE COPY OF RELEVANT PAGES OF MINING PLAN
SUBMITTED BY THE PETITIONER.
EXT P3 TRUE COPY OF THE PRINT OUT OF THE MINUTES OF THE
MEETING OF THE 1ST RESPONDENT DATED 31.10.2014.
EXT P4 TRUE COPY OF THE RELEVANT PAGES OF 89TH MEETING
OF THE SEIAA DATED 27.02.2019.
EXT P5 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN W.P.(c)
NO.18929/2020 OF THIS HON'BLE COURT.
EXT P6 TRUE COPY OF JUDGMENT DATED 16.2.2021 IN W.P.(c)
NO.3908/2021 OF THIS HON'BLE COURT.
