M/S. Friends Crushers vs State Environmental Impact ...
2021 Latest Caselaw 10529 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.8118 OF 2021(L)


PETITIONER/S:

                M/S. FRIENDS CRUSHERS
                REPRESENTED BY ITS MANAGING PARTNER M.P.K.KUNHIMOYIN,
                AGED 60 YEARS, S/O. ASAINHAJI, VALILLAPUZHA PO,
                AREAKODE VIZ MALAPPURAM-673619.

                BY ADVS.
                SRI.T.P.SAJID
                SRI.K.P.MOHAMED SHAFI
                SMT.SHIFA LATHEEF

RESPONDENT/S:

      1         STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
                (SEIAA)
                4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
                THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MEMBER
                SECRETARY.

      2         STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
                4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
                THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MEMBER
                SECRETARY.

                BY ADV, SRI.M.P.SREEKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8118 OF 2021(L)

                                        2




                                   JUDGMENT

Dated this the 29th day of March 2021

The petitioner seeks for re-validation of the

environment clearance certificate, 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 directed the State Environment Impact Assessment

Authority (SEIAA) to consider the application for

enhancement of validity of the Environment Clearance

Certificate, by estimating the Project Life of the

particular project, and complete the exercise within an

outer time limit of four months from the date of receipt of

the application. Formal application needs to be filed

before the SEIAA seeking re-validation of the Environment

Clearance Certificate already issued to the petitioner.

3. Taking note of the aforesaid facts, I deem it

appropriate to dispose of this writ petition also in line

with the directions issued in the judgment referred above,

making it clear that the petitioner herein shall prefer WP(C).No.8118 OF 2021(L)

application before the SEIAA within a week from the date of

receipt of a copy of this judgment, for re-validation of

the Environment Clearance Certificate already issued to him

in the past. The SEIAA shall, on receipt of the said

application inform the petitioner of the further

documents/details if any required from him for processing

his application, within 2 weeks therefrom. Thereafter, on

receipt of the information called for, the SEIAA shall

consider that application and pass orders as directed by

this Court within four months from the date of receipt of

the information from the petitioner.

The writ petition is disposed as above.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8118 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED TO THE PETITIONER DATED 26.2.2019.

EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 5.2.2018 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 17.4.2018 BY THE GEOLOGIST, MALAPPURAM.

EXHIBIT P4 TRUE COPY OF THE D & O LICENSE DATED 26.3.2019 ISSUED TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.100/2017 DATED 23.12.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014.

EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2019.

EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR & OTHERS VS. STATE OF HARYANA & OTHERS REPORTED IN 2012 4 SCC 629.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED BY THIS HON'BLE COURT IN WP(C) NO.23578/2020.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19.1.2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO.1154/2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION TO THE RESPONDENT DATED 20.3.2021.