Al Nassar Granites (P) Ltd vs The State Environment Impact ...
2022 Latest Caselaw 1907 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                         WP(C) NO.5264 OF 2022
PETITIONER :-

             AL NASSAR GRANITES (P) LTD
             VALIAKALAM, IRAVOOR,
             ARYANAD, THIRUVANANTHAPURAM- 695 542.
             REPRESENTED BY ITS DIRECTOR SMT. SHAILA NASSAR.

             BY ADVS.
             LEO LUKOSE
             ENOCH DAVID SIMON JOEL
             RONY JOSE
             S.SREEDEV
             SUZANNE KURIAN
             CIMIL CHERIAN KOTTALIL



RESPONDENT :-

           THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
           K.S.R.T.C BUS TERMINAL COMPLEX,
           4TH FLOOR, THAMPANOOR,
           THIRUVANANTHAPURAM - 695 001.
           REPRESENTED BY ITS MEMBER SECRETARY.

           BY SRI.M.P.SREEKRISHNAN, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.5264 OF 2022

                                  -: 2 :-


                              JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus or other appropriate writ order or direction directing the Respondent to grant the petitioner the benefit of Ext.P2 Notification and to extend the validity of petitioner's environmental clearance by a period of one year from 04.04.2022.

(ii) Issue a writ in the nature of a declaration declaring that Ext.P1 Environmental Clearance Certificate granted to the petitioner stands extended till 04.04.2023 by virtue of paragraph 9A of the Environment Impact Assessment Notification, 2006 as amended by Ext.P2 Notification."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had been issued with Ext.P1

Environmental Clearance Certificate having a validity upto

04.04.2022. Relying on Ext.P2 notification, the learned counsel

for the petitioner submits that the period of the validity of

Environmental Clearance from 01.04.2020 to 31.03.2021 is not

liable to be considered for the purpose of calculation of the

period of validity of the same and that the petitioner is, WP(C) NO.5264 OF 2022

therefore, entitled to extension of the environmental clearance

for the corresponding period. It is submitted that Ext.P2 is a

notification issued in the background of Covid-19 outbreak and

the subsequent lock downs.

4. The learned counsel for the respondent submits that

the benefit can be granted to the petitioner provided that the

Environmental Clearance is otherwise valid. It is submitted that

the Environmental Clearance is one granted by the District

Authority, and that as such, it has to be verified whether the

same is still valid.

5. Having considered the contentions advanced, I am of

the opinion that the benefit of Ext.P2 is liable to be granted to

the petitioner provided that Ext.P1 Environmental Clearance

obtained by the petitioner is legally valid and subsisting. In the

above view of the matter, there will be a direction to the

respondent to grant the benefit of Ext.P2 notification to the

petitioner and extend the validity of Ext.P1 Environmental

Clearance to the petitioner provided that the same is still valid

and subsisting.

There will, accordingly, be a direction to the

respondent to grant the petitioner the benefit of Ext.P2 WP(C) NO.5264 OF 2022

notification and to extend the validity of the Environmental

Clearance for the corresponding period as provided in Ext.P2,

after ascertaining the balance quantity of mineral to be

extracted. Appropriate steps shall be taken by the respective

respondents without delay.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/25.2.2022 WP(C) NO.5264 OF 2022

APPENDIX OF WP(C) 5264/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 03/2017 DTD. 04.04.2017 WITH FILE NO. DEIAA/EC3/2017 (P3455/16) ISSUED BY THE DEIAA, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 18.01.2021 BEARING NO. S.O. 221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE.

Exhibit P3 TRUE COPY OF THE LETTER DATED 05.10.2021 BEARING NO. 2656/A1/2021/SEIAA ISSUED BY THE ADMINISTRATOR OF THE RESPONDENT TO ALL DISTRICT GEOLOGISTS ALONG WITH ABSTRACT OF THE 112TH MEETING OF THE RESPONDENT HELD ON 14-15TH SEPTEMBER, 2021.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 18.11.2021 IN WP(C) NO. 25712/2021 ON THE FILES OF THIS HON’BLE COURT.