Bindhu P.A. vs State Level Environment Impact ...
2021 Latest Caselaw 9921 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7697 OF 2021(J)


PETITIONER:

               BINDHU P.A.,THEVARMADATHIL HOUSE, MANNATHOOR P.O.,
               ERNAKULAM DISTRICT, KERALA-686723.

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

RESPONDENTS:

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

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

               R1 & R2 BY ADV. SRI. M.P SREEKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7697 OF 2021(J)

                                       4




                               JUDGMENT

Dated this the 24th 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.7697 OF 2021(J)

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.7697 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE DATED 15.3.2019.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 25.10.2017 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.

EXHIBIT P2(A) TRUE COPY OF THE RELEVANT PAGES OF APPLICATION FOR ENVIRONMENTAL CLEARANCE.

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

EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27.2.2019.

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

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 1.12.2020 IN WP(C) NO.26042/2020 OF THIS HON'BLE COURT.