Kerala High Court
Puthanveetil Associates vs State Environmental Impact ... on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 15255 OF 2021
PETITIONER:
M/S PUTHANVEETIL ASSOCIATES, VADAKKANGARA P.O,
MANKADA, MALAPPURAM- 679324 REPRESENTED BY ITS
MANAGING DIRECTOR K.P ABOOBACKER.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENT/S:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
- (SEIAA), 4TH FLOOR, KSRTC BUS TERMINAL
BUILDING, THAMPANOOR, THIRUVANANTHAPURAM-685001
REPRESENTED BY ITS MEMBER SECRETARY.
2 STATE LEVEL APPRAISAL COMMITTEE(SEAC), 4TH
FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-685001 REPRESENTED BY ITS
MEMBER SECRETARY.
ADV SRI.M.P SREEKRISHNAN
GP SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.15255/2021
2
JUDGMENT
Dated this the 30th 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
WP(C) No.15255/2021
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 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
WP(C) No.15255/2021
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
vdv
WP(C) No.15255/2021
APPENDIX
EXT P1 TRUE COPY OF THE CONSENT TO OPERATE DATED
26.12.2017 ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD TO THE PETITIONER.
EXT P2 TRUE COPY OF THE LEASE AGREEMENT DATED
18.4.2018 ISSUED TO THE PETITIONER.
EXT P3 TRUE COPY OF THE PRODUCTION AND DEVELOPMENT
PLAN.
EXT P4 TRUE COPY OF THE ORDER BEARING NO.911/2017-
18/3462/M3/2017/DMG DATED 23.3.2018.
EXT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
NO.21/2017 BY THE 1ST RESPONDENT.
EXT P6 TRUE COPY OF THE MINUTES OF TEH 34TH MEETING OF
THE SEIAA HELD ON 31.10.2014.
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
VS sTATE OF HARYANA & OTHERS REPORTED IN 2012 4 SCC 629.
EXT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED
BY THIS HON'BLE COURT IN W.P(C) NO.23578/2020.
EXT P10 TRUE COPY OF THE JUDGMENT DATED 19.01.2021
PASSED BY THIS HON'BLE COURT IN W.P(C) NO.1154/2021.
EXT P11 TRUE COPY OF THE APPLICATION DATRED 26.7.2021.
