David P.V vs Ministry Of Environment
2022 Latest Caselaw 1887 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                           RP NO. 198 OF 2022
   AGAINST THE ORDER/JUDGMENT IN WP(C) 28536/2020 OF HIGH COURT OF
                                 KERALA
REVIEW PETITIONER/PETITIONER:

            DAVID P.V
            AGED 61 YEARS
            S/O.VARGHESE, PALLIYAN HOUSE,
            PERUVAKA, ARATTUTHARA POST,
            WAYANAD DISTRICT.

            BY ADVS.
            K.J.MANU RAJ
            K.VINAYA



RESPONDENTS:

    1      MINISTRY OF ENVIRONMENT,
           FOREST AND CLIMATE CHANGE,
           REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
           VAYU WING, INDIRA PARYAVARAN BHAVAN,
           JORBAGH ROAD,ALINGANJ,
           NEW DELHI-110003.

    2      THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE,
           NATIONAL BOARD OF WILD LIFE,
           REPRESENTED BY ITS MEMBER SECRETARY(WILD LIFE WING) 3RD
           FLOOR, VAYU WING,
           INDIRA PARYAVARAN BHAVAN,
           JORBHAGH ROAD, ALINGANJ, NEW DELHI-110003.

    3      STATE OF KERALA,
           REPRESENTED BY CHIEF SECRETARY,
           SECRETARIAT,
           THIRUVANANTHAPURAM-695001.
 RP NO. 198 OF 2022                   2




     4      THE SECRETARY,
            FOREST, WILDLIFE AND ENVIRONMENTAL DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

     5      THE STATE BOARD OF WILDLIFE,
            REPRESENTED BY ITS MEMBER SECRETARY,
            PCCF AND CHIEF WILDLIFE WARDEN,
            FOREST HEADQUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM-695014.

     6      WILDLIFE WARDEN,
            WAYANAD WILDLIFE SANCTUARY,
            SULTHAN BATHERI,
            WAYANAD-673592.

     7      THE DIRECTOR,
            DIRECTORATE MINING AND GEOLOGY,
            PATTOM PALACE.P.O, KESAVADASAPURAM,
            THIRUVANANTHAPURAM-695004.

     8      THE GEOLOGIST,
            MINING AND GEOLOGY DISTRICT OFFICE,
            KALPETTA, WAYANAD-673121.

             SRI.APPU P S, GP, SRI.MANU S, ASGI



         THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
18.02.2022,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP NO. 198 OF 2022                  3




                              ORDER

Dated this the 18th day of February, 2022

W.P.(C) No.28536 of 2020 was disposed of directing

respondents 3 to 6 to place the records relating to the quarry in

question before the Chief Wildlife Warden within a period of one

month. The Chief Wildlife Warden was directed to obtain

necessary reports/endorsements/ recommendations and place

the same before the 1st respondent who in turn was directed to

process the files and pass appropriate orders on NOC within a

further period of three months.

2. In I.A. No.1 of 2021, the State respondents have

sought to extend the time limit fixed for placing the files before

the 1st respondent by a further period of five months. Therefore,

it is evident that the files are not placed before the 1 st respondent

so far.

3. The learned counsel for the petitioner submits that the

issue involved is revolving around the approval of National

Board of Wildlife for the project for establishing a quarry. The

requirement of approval of National Board of Wildlife was

challenged before this Court in W.P.(C) No.25750 of 2021. This

Court has admitted the said writ petition and has passed an

interim order on 30.11.2021. The Review Petitioner submits that

there are other writ petitions also challenging the said

requirement. It is the prayer of the petitioner that he may also be

permitted to challenge the said requirement as the issue is now

already pending consideration before this Court.

4. I have heard the learned counsel for the petitioner,

the learned Assistant Solicitor General of India and the learned

Government Pleader representing the respondents.

5. As the question of approval of National Board of

Wildlife for running the quarry is a very crucial element to decide

the Environmental Clearance given to the review petitioner, this

Court is of the view that the petitioner should be granted

opportunity to challenge the same.

The review petition is allowed. To enable the petitioner to

challenge the requirement, judgment delivered by this Court on

26.07.2021 in W.P.(C) No.28536 of 2020 is recalled, and

W.P.(C) No. 28536 of 2020 is restored to file.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF RP 198/2022

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE ENVIRONMENT CLEARANCE DATED 19.8.2020 ISSUED BY STATE IMPACT ASSESSMENT AUTHORITY, KERALA.

Annexure A2 A TRUE COPY OF THE INTERIM ORDER DATED 30.11.2021 IN WP(C)NO.25750 OF 2021.

RESPONDENT'S/S ANNEXURES : NIL