Kerala High Court
Nizamudheen K.S vs Ministry Of Environment, Forests ... on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 19116 OF 2021
PETITIONER:
NIZAMUDHEEN K.S.
AGED 32 YEARS, S/O. SIDDIQUE, KARUKUNNATHU (H),
PERINGALA P. O., ERNAKULAM - 683565.
BY ADVS.
P.MOHAMED SABAH
SAIPOOJA
RESPONDENTS:
1 MINISTRY OF ENVIRONMENT,
FORESTS AND CLIMATE CHANGE
REPRESENTED BY SECRETARY, INDIRA PARYAVARAN BHAWAN,
JORBAGH ROAD, NEW DELHI - 110 003.
2 MINISTRY OF ENVIRONMENT AND FORESTS REGIONAL OFFICE
REPRESENTED BY PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
SOUTHERN OFFICE, KENDRIYA SADAN, 4TH FLOOR, E & F WING,
II BLOCK, KORAMANGALA, BANGALORE.
3 STATE OF KERALA
REPRESNTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
MINISTRY OF ENVIRONMENT AND FORESTS, 4TH FLOOR,
KSRTC BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM,
KERALA - 695 001.
4 KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN, KSRTC BUS TERMINAL,
FOURTH FLOOR, THAMBANOOR, THIRUVANANTHAPURAM - 695 001.
5 CHAIRMAN
KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY,
KSRTC BUS TERMINAL, FOURTH FLOOR, THAMBANOOR,
THIRUVANANTHAPURAM - 695 001.
6 GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
WP(C) NO. 19116 OF 2021
2
SRI.SANDESH RAJA, SPL.GP
SRI.M.P.SREEKRISHNAN, SC, SEIAA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19116 OF 2021
3
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) Declare that the period from 1st April 2020 to the 31st March
2021 shall not be considered for the purpose of calculation of the
period of validity of Exhibit P6 environment clearance in the light
of issuance of Exhibit P9 notification by the respondent No.1
Ministry.
(ii) Issue a writ of mandamus or other appropriate writ directing
the respondent 4 and respondent No.6 to allow the petitioner and
his Sole Proprietorship Firm, M/s Bright Quarry to enjoy the
benefits of Exhibit P8 notification issued by the respondent No.1
while conducting the quarrying activities in landed properties
having an extent of 3.9662 Hectares in Survey No.567/1-2, 567/2B,
568/1-1, 568/2-2, 568/1-3, 569/1-5, 567/2A, 567/2B1 in Block No.29
of Thirumarady Village."
2. Heard the learned counsel for the petitioner, the learned Government
Pleader as well as the learned standing counsel appearing for respondents 4
and 5.
3. It is submitted by the learned counsel for the petitioner that the
petitioner has been issued with Ext.P6 Environmental Clearance for the
extraction of granite building stone for the period from 01.06.2016 to
31.05.2021. It is submitted that in the background of the outbreak of the
Covid-19 and the subsequent lock downs, Ext.P9 notification had been
WP(C) NO. 19116 OF 2021
issued by the 1st respondent on 18.01.2021 stating that for the purpose of
calculation of the period of validity of prior Environmental Clearance
granted under the provisions of the notification, the period from 1 st April
2020 to 31st March 2021 shall not be considered. It is submitted that since
the Environmental Clearance issued to the petitioner as per Ext.P6 was valid
till 31.05.2021, the petitioner would be entitled for extension of the period
of validity of the Environmental Clearance for a further period of 11 months
from 01.06.2021.
4. It is submitted by the learned counsel appearing for respondents 4 and
5 that since Ext.P9 specifically directs the exclusion of the period from 1 st
April 2020 to 31st March 2021 for the purpose of calculation of period and
validity of prior Environmental Clearances, subject to the condition that
there is balance quantity of mineral available for extraction, the petitioner
would be entitled to extended validity of Ext.P6 Environmental Clearance
for a further period of 10 months and 30 days from 31.05.2021.
5. In the above view of the matter, the request made by the petitioner is
liable to be granted. There will, accordingly, be a direction to the
respondents to grant the petitioner the benefit of Ext.P9 notification and to
extend the validity of the Environmental Clearance for the corresponding
WP(C) NO. 19116 OF 2021
period as provided in Ext.P9, that is for a period of 10 months and 30 days
from 31.05.2021 after ascertaining the balance quantity of mineral to be
extracted. Appropriate steps shall be taken by the respective respondents
without delay.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 19116 OF 2021
APPENDIX OF WP(C) 19116/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
09.04.2021 AND BEARING NO.KL07070301553/2021
ISSUED FROM THE THIRUMARADY VILLAGE OFFICE TO
THE PETITIONER.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
09.04.2021 AND BEARING NO.KL07070301557/2021
ISSUED FROM THE THIRUMARADY VILLAGE OFFICE TO
THE PETITIONER'S WIFE ASIYA MUHSIN.
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
09.04.2021 AND BEARING NO.KL07070301556/2021
ISSUED FROM THE THIRUMARADY VILLAGE OFFICE TO
THE PETITIONER'S MOTHER, NASEEMA.
Exhibit P4 TRUE COPY OF THE RENEWED INTEGRATED CONSENT
TO OPERATE DATED 01.05.2021 AND BEARING
CONSENT NO.R15ERNA-CTO-R-706278 ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD TO M/S.
BRIGHT QUARRY.
Exhibit P5 TRUE COPY OF QUARRYING PERMIT FOR EXTRACTION
OF GRANITE BUILDING STONE DATED 21.06.2021
AND BEARING NO.03/21-
22/MM/GS/QP/DOE/840/E2/21, ISSUED FROM THE
DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM
TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE ENVIRONMENT CLEARANCE FOR
EXTRACTION OF GRANITE BUILDING STONE, DATED
01.06.2016 AND BEARING
NO.538/SEIAA/EC3/3881/2014 ISSUED BY THE
RESPONDENT NO.4 TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE LICENSE DATED 22.02.2021 AND
BEARING NO.E/SC/KL/22/1385(E58210) ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM TO THE PETITIONER PERMITTING THE
PETITIONER TO USE EXPLOSIVES IN CONNECTION
WITH THE QUARRYING ACTIVITIES.
WP(C) NO. 19116 OF 2021
Exhibit P8 TRUE COPY OF THE LICENSE BEARING NO.A3-
1376/2021 AND DATED 31.03.2021 ISSUED BY THE
SECRETARY, THIRUMARADY GRAMA PANCHAYAT TO THE
PETITIONER PERMITTING HIM TO CONDUCT
QUARRYING ACTIVITIES.
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED
18.01.2021 ISSUED BY RESPONDENT NO.1
MINISTRY.
RESPONDENT'S/S EXHIBITS: NIL
