M/S. Rock Field Estates (P) Ltd vs Union Of India
2022 Latest Caselaw 1741 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                      WP(C) NO. 5077 OF 2022
PETITIONER:
           M/S. ROCK FIELD ESTATES (P) LTD.,
           AGED 56 YEARS
           PALATHRA BUILDING, THURUTHY P.O,
           CHANGANASSERY, KOTTAYAM-686535.
           REPRESENTED BY ITS MANAGING DIRECTOR,
           SRI. SHIBU MATHEW.
           BY ADVS.
           LEO LUKOSE
           ENOCH DAVID SIMON JOEL
           RONY JOSE
           S.SREEDEV
           SUZANNE KURIAN
           CIMIL CHERIAN KOTTALIL
RESPONDENTS:
     1     UNION OF INDIA
           REPRESENTED BY THE SECRETARY,
           MINISTRY OF ENVIRONMENT AND FORESTS,
           INDIRA PARYAVARAN BHAWAN,
           JORBAGH ROAD, NEW DELHI-110003.
     2     THE EXPERT APPRAISAL COMMITTEE
           MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
           3RD FLOOR, INDIRA PARYAVARAN BHAVAN,
           VAYU WING, ALIGANJ, JORBAGH ROAD, NEW DELHI-110003.
           REPRESENTED BY ITS MEMBER SECRETARY.
     3     STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           DEPARTMENT OF INDUSTRIES,GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.
     4     GEOLOGIST
           DISTRICT OFFICE,
           DEPARTMENT OF MINING AND GEOLOGY,
           COLLECTORATE, KOTTAYAM -686002.
     5     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
           K.S.R.T.C BUS TERMINAL COMPLEX,
           4THFLOOR, THAMPANOOR,THIRUVANANTHAPURAM - 695 001.
           REPRESENTED BY ITS MEMBER SECRETARY.
           BY ASSISTANT SOLICITOR GENERAL OF INDIA
           BY SMT. PRINCY XAVIER, SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5077 OF 2022

                                       2


                         JUDGMENT

Dated this the 16th day of February, 2022 This writ petition is filed seeking the following

relief:

"i)Issue a writ of mandamus or other appropriate writ order or direction directing the 2 nd respondent to process the application submitted by the petitioner for environmental clearance, on the basis of Ext.P3 District Survey Report, without insisting for a District Survey Report in terms of the Notification dated 25.07.2018, as expeditiously as possible, at any rate, within a period of 3 weeks."

2. Heard the learned counsel for the petitioner and

the learned ASGI appearing for respondents 1 and 2 as

well as learned Standing Counsel appearing for the 5 th

respondent and the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the 5th respondent authority has not been

reconstituted yet and therefore the application submitted

by the petitioner has to be considered by the 2 nd

respondent. It is further submitted that the Geologist has

certified that as far as the State of Kerala is concerned, the

valid DSR is the one published in the year 2016 by the WP(C).No.5077 OF 2022

Department of Mining and Geology, Government of Kerala

and that no further changes have been made to the DSR

2016 by the Department thereafter. It is therefore

contended that the application has to be considered on the

basis of the DSR 2016 issued by the Department of Mining

and Geology, Government of Kerala.

In the above view of the matter, this writ petition

is disposed of, directing the appropriate authority under the

2nd respondent to consider and pass orders on the

application submitted by the petitioner for Environmental

Clearance on the basis of DSR 2016 issued by the

Department of Mining and Geology, Government of Kerala,

which has been certified to confirm with Notification

No.S.O.3611(E) dated 25.07.2018. Appropriate steps shall

be taken within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/16/02 WP(C).No.5077 OF 2022

PETITIONER'S EXHIBITS:

TRUE COPY OF THE LETTER OF INTENT DATED Exhibit P1 27.05.2020 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT.

TRUE COPY OF THE ABSTRACT OF THE MINUTES OF THE 42ND MEETING OF THE EAC (NON-COAL Exhibit P2 MINING) OF THE 1ST RESPONDENT HELD DURING 30TH OF NOVEMBER TO 3RD DECEMBER, 2021. TRUE COPY OF THE ABSTRACT OF THE 2016 DISTRICT SURVEY REPORT FOR KOTTAYAM Exhibit P3 DISTRICT PREPARED BY THE DEPARTMENT OF MINING AND GEOLOGY.

TRUE COPY OF THE CERTIFICATE DATED Exhibit P4 14.02.2022 ISSUED BY THE 4TH RESPONDENT.

                  TRUE    COPY    OF   THE    JUDGMENT    DATED
   Exhibit P5     14.02.2022 IN WP(C) NO. 4867/2022 ON THE
                  FILES OF THIS HON'BLE COURT.
   RESPONDENTS' EXHIBITS:     NIL



    SSK                       //TRUE COPY//        PA TO JUDGE