C.G. George vs Union Of India
2022 Latest Caselaw 1937 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. 5490 OF 2022
PETITIONER:

          C.G. GEORGE
          AGED 59 YEARS
          S/O. GEORGE C.P.
          CHITTETH HOUSE,
          KOOTHUPARAMBA VILLAGE,
          THALASSERY TALUK,
          KANNUR-670643.
          PIN - 670643

          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.
          PIN - 110003

    2     THE EXPERT APPRAISAL COMMITTEE
          MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE,
          3RD FLOOR, INDIRA PARYAVARAN BHAVAN,
          VAYU WING, ALIGANJ, JOR BAGH ROAD,
          NEW DELHI-110003.
          REPRESENTED BY ITS MEMBER SECRETARY.
          PIN - 110003

    3     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF INDUSTRIES,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
 WP(C) NO. 5490 OF 2022

                                  2




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

     5      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.
            PIN - 695001



            SREEHARI-ASGI




      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. 5490 OF 2022

                                            3


                                    JUDGMENT

This writ petition is filed seeking the following relief :-

"(i) Issue a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to process the application for environmental clearance submitted by the petitioner, 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

CGC appearing for respondents 1 and 2 as well as the learned Standing

Counsel appearing for the 5th 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 2nd 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 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, WP(C) NO. 5490 OF 2022

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 also

disposed of, directing 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.SO 3611(E) dated 25.07.2018. Appropriate steps

shall be taken by the 2nd respondent, in accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 5490 OF 2022

APPENDIX OF WP(C) 5490/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. 75/2016 DATED 01.06.2016 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.

Exhibit P1 (a) TRUE COPY OF THE QUARRYING LEASE DATED 28.12.2016 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE 2ND RESPONDENT WITH RESPECT TO PROPOSAL NO. IA/KL/MIN/256993/2022.

Exhibit P3 TRUE COPY OF THE ABSTRACT OF THE 2016 DISTRICT SURVEY REPORT FOR KANNUR DISTRICT PREPARED BY THE DEPARTMENT OF MINING AND GEOLOGY OF THE STATE OF KERALA.

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 14.02.2022 ISSUED BY THE GEOLOGIST, KANNUR.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 16.02.2022 IN WP(C) NO. 5077/2022 ON THE FILES OF THIS HON'BLE COURT.