Abid M.A. vs District Level Environment ...
2021 Latest Caselaw 7809 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                        WP(C).No.5822 OF 2021(C)


PETITIONER/S:

                ABID M.A., S/O. ABDUL AZEEZ M.A,
                POYILIL HOUSE, KODIYATHUR P.O,
                KOZHIKODE - 673 602
                REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
                MOHAMMED M.A., S/O. ABDUL NAZIR M.A,
                M.A. HOUSE, KODIYATHUR P.O,
                MUKKOM, KOZHIKODE - 673 602.

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

RESPONDENT/S:

      1         DISTRICT LEVEL ENVIRONMENT IMPACT
                ASSESSMENT AUTHORITY (DEIAA),
                REPRESENTED BY DISTRICT COLLECTOR,
                KOZHIKODE, PIN-673020.

      2         DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC),
                REPRESENTED BY GEOLOGIST, KOZHIKODE - 673 020.

      3         STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
                AUTHORITY (SEIAA KERALA),
                REPRESENTED BY ITS MEMBER SECRETARY,
                4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
                THIRUVANANTHAPURAM 695 001

      4         STATE LEVEL EXPERT APPRAISAL COMMITTEE,
                REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU,
                KANNAMMOOLA ROAD, OVERBRIDGE,
                VELAKUDI, TRIVANDRUM - 695 024.

            BY SRI.RAVI KRISHNAN, GOVERNMENT PLEADER
            R3 & R4 BY SRI.M.P.SREEKRISHNAN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5822 of 2021
                                                 2




                                  W.P.(C) No.5822 of 2021
                           -----------------------------------------------


                                        JUDGMENT

The issue raised in the writ petition is covered by the

judgment of this court in W.P.(C) No.18929 of 2020 and connected

cases.

2. In the circumstances, the writ petition is disposed of in

tune with the directions in W.P.(C) No.18929 of 2020 and connected

cases, and directing the petitioner to prefer an application before the

SEIAA for revalidation of the Environmental Clearance granted to him.

The SEIAA shall, on receipt of the said application, inform the

petitioner about the documents/details, if any, required from him for

processing the application and a final decision on the application shall

be taken within four months from the date of furnishing of the

documents and details called for from the petitioner.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.5822 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 7-08-2019, VALID UPTO 6-08-2031

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 15-07-2017 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS

EXHIBIT P2(a) TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR ENVIRONMENTAL CLEARANCE SUBMITTED BY THE PETITIONER PROPOSING THE PROJECT LIFE/MINE LIFE OF THE QUARRY AS 12 YEARS

EXHIBIT P3 TRUE COPY OF MINUTES OF THE MEETING OF SEIAA DATED 31-10-2014

EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE SEAC DATED 27-2-2019

EXHIBIT P5 TRUE COPY OF JUDGMENT DT 2-11-2020 IN W.P(C) NO. 18929/2021 OF THIS HON'BLE COURT

EXHIBIT P6 TRUE COPY OF JUDGMENT DT 19-1-2021 IN W.P(C) NO. 1304/2021 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF REPRESENTATION DT 25-2-2021 SUBMITTED BY THE PETITIOENR BEFORE THE 3RD RESPONDENT.