M/S Selva Bricks And Metals vs State Environment Impact ...
2021 Latest Caselaw 10715 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                        WP(C).No.8318 OF 2021(L)


PETITIONER/S:

                M/S SELVA BRICKS AND METALS
                POOLAKANDY HOUSE,CHENNAMANGALOOR,
                MUKKHAM.P.O,KOZHIKODE-673602,REPRESENTED BY ITS
                PARTNER SAFRAN.

                BY ADVS.
                SHRI.PHILIP J.VETTICKATTU
                SMT.SAJITHA GEORGE

RESPONDENT/S:

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

      2         STATE EXPERT APPRAISAL COMMITTEE,
                REPRESENTED BY ITS CHAIRMAN,
                PALLIMUKKU,KANNAMMOOLA ROAD,
                OVERBRIDGE,VELAKUDI,TRIVANDRUM-695024.

                R1 BY ADV.M.P SREEKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8318 OF 2021(L)

                                       2




                               JUDGMENT

Dated this the 30th 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.8318 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.8318 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARYING LEASE DATED 27.02.2019

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 04.01.2018 ISSUED TO THE PETITIONER,VALID FOR 5 YEARS.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE 34TH MINUTES OF SEIAA DATED 31.10.2014

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE 89TH MINUTES OF SEIAA DATED 27.2.2019

EXHIBIT P5 TRUE COPY OF JUDGMENT DT.2.11.2020 IN W.P.(C)NO.18929/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF JUDGMENT IN W.P.

(C)NO.3908/2021 DATED 16.2.2021 OF THIS HON'BLE COURT.