Malabar Bricks vs State Environment Impact ...
2021 Latest Caselaw 9290 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7215 OF 2021(B)


PETITIONER:

               MALABAR BRICKS
               REPRESENTED BY MANAGING PARTNER, V.P.MOHAMMED
               SHAREEF, AGED 52 YEARS, S/O.KUNHIMOHAMMED, KUTTIPARA
               PAYYANAD P.O., MANJERI-676 122.

               BY ADVS.
               SRI.T.P.SAJID
               SMT.SHIFA LATHEEF

RESPONDENTS:

      1        STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY -
               (SEIAA),
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

      2        STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
               4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
               THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MEMBER
               SECRETARY.

               BY ADV.M.P.SREEKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                               2
WP(C).No.7215 OF 2021(B)




                        SATHISH NINAN, J.
               ==================
                    W. P. (C) No.7215 of 2021
               ==================
               Dated this the 19th day of March, 2021

                                      JUDGMENT

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

WP(C).No.7215 OF 2021(B)

referred above, making it clear that the petitioner

herein shall prefer 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

rsr

WP(C).No.7215 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 25.06.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT DATED 03.07.2020 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 12.02.2018 BY THE GEOLOGIST, MANNUR.

EXHIBIT P4 TRUE COPY OF THE LICENSE DATED 07.05.2020 ISSUED BY THE SECRETARY, MANJERI MUNICIPALITY.

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.107/2016 DATED 05.08.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MINUTES 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 AND OTHERS VS. STATE OF HARYANA & OTHERS REPORTED IN 2012 4 SCC 629.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 03.11.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.23578/2020.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19.01.2021 PASSED BY THIS HON'BLE COURT IN WPC NO.1154/2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 17.03.2021.