Kerala High Court
Ms/. Safa Stone Crusher vs State Environmental Impact ... on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 14508 OF 2021
PETITIONER:
M/S SAFA STONE CRUSHER, OMASSERY ROAD, AUGUSTHYAMOOZHI,
MUKKAM P.O,KOZHIKODE - 680028, REPRESENTED BY ITS
MANAGING PARTNER.
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
RESPONDENTS:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA
KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH
FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-
695 001.
2 STATE 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
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14508 OF 2021
2
JUDGMENT
Dated this the 22nd 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. He also seeks for exclusion of the period of
delay in issuing the lease.
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
WP(C) NO. 14508 OF 2021
relief, this Court has directed the entrepreneurs 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
WP(C) NO. 14508 OF 2021
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.
(v) The 1st respondent shall, also advert to
the claim of the petitioner for exclusion of
the period allegedly lost consequent on the
delay in execution of the quarrying lease.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO. 14508 OF 2021
APPENDIX
EXT P1 TRUE COPY OF LETTER OF INTENT DT 7.12.2016.
EXT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL
CLEARANCE DATED 22.11.2017 ISSUED TO THE PETITIONER
VALID FOR 5 YEARS.
EXT P2(a) TRUE COPY OF RELEVANT PAGES OF MINING PLAN
SHOWING PROJECT LIFE AS 10 YEARS.
EXT P3 TRUE COPY OF JUDGMENT IN W.P.(c) 26042/2021 DATED
1.12.2010 OF THIS HON'BLE COURT.
EXT P4 TRUE COPY OF THE RELEVANT PAGES OF THE 34TH
MEETING MINUTES OF SEIAA DATED 31.10.2014.
EXT P5 TRUE COPY OF THE RELEVANT PAGES OF THE 89TH
MEETING MINUTES OF SEIAA DATED 27.2.2019.
EXT P6 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN WP(C) NO.
18929/2020 OF THIS HON'BLE COURT.
EXT P7 TRUE COPY OF JUDGMENT IN W.P.(c) 11173/2021 DATED
7.5.2021 OF THIS HON'BLE COURT.
