Tomy Thomas vs The State Environment Impact ...
2022 Latest Caselaw 971 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR. JUSTICE T.R.RAVI
           Tuesday, the 25th day of January 2022 / 5th Magha, 1943
                         WP(C) NO. 21767 OF 2021(U)
PETITIONER:

     TOMY THOMAS, AGED 54 YEARS, S/O.THOMAS, PULICKAL HOUSE,
     KALATHUKADAVU (PO), ERATTUPETTA, KOTTAYAM - 686 579.

RESPONDENTS:

  1. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA),
     REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4TH
     FLOOR, THAMPANUR, THIRUVANANTHAPURAM - 695 001.
  2. THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
     (SEIAA, KERALA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANUR,
     THIRUVANANTHAPURAM - 695 001.
  3. THE KERALA STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
     REPRESENTED BY ITS CHAIRMAN, THE STATE ENVIRONMENT IMPACT ASSESSMENT
     AUTHORITY (SEIAA, KERALA), KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR,
     THAMPANUR, THIRUVANANTHAPURAM - 695 001.
  4. K.G.ANILKUMAR, AGED 56 YEARS, S/O.GOPINATHAN NAIR, KIZHAKKEMALA
     PROTECTION COUNCIL, KALLARAYATHU HOUSE, THALAPPALAM, PLASSANAL P.O.,
     KOTTAYAM - 686 579.
  5. ADDL.R5: THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
     PARYAVARAN BHAWAN, C.G.O COMPLEX, LODHI ROAD, NEW DELHI - 110 003,
     REPRESENTED BY ITS SECRETARY. [ADDL.R5 IS SUO MOTU IMPLEADED AS PER
     ORDER DATED 25.01.2022 IN WP(C) 21767/2021]


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to circulate among the members of the
1st respondent Exhibit P19 decision of the 3rd respondent and to take a
decision thereupon in accordance with condition No.8 (ii) of the
Environmental Impact Assessment Notification 2006 in accordance with the
directions issued by this Hon'ble Court in Exhibit P7 and P16 judgments
pending disposal of the writ petition.

     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
02/11/2021 and upon hearing the arguments of M/S.JOBI JOSE KONDODY &
P.DEEPAK, Advocates for the petitioner, STANDING COUNSEL for R1 to R3 (By
Order), M/S.P.B.SAHASRANAMAN & T.S.HARIKUMAR, Advocates for R4, and of
ASSISTANT SOLICTOR GENERAL OF INDIA for Addl.R5 (By Order), the court
passed the following:
                               T.R. RAVI, J.
               --------------------------------------------
                W. P. (C). Nos. 21767 & 19657 of 2021
                --------------------------------------------
                Dated this the 25th day of January, 2022

                                 ORDER

The Ministry of Environment, Forest and Climate Change,

Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 110

003, represented by its Secretary is suo motu impleaded as the

additional 5th respondent in W.P.(C).No.21767 of 2021. The

Assistant Solicitor General takes notice for the additional 5th

respondent.

2. The issue relates to the consideration of applications by

the State Environmental Impact Assessment Authority. It is

submitted that several applications are pending consideration of

the authority. Due to the fact that the term of the existing

authority had expired and the term was not extended as provided

under the statutory notification, there is no authority available to

consider the applications. A Division Bench of this Court in the

judgment dated 07.10.2021 in W.P.(C).No.30764/2018 took notice

of the situation and directed issuance of an appropriate notification

constituting a State Expert Appraisal Committee and State

Environment Impact Assessment Authority. It is submitted that a

list had been initially forwarded to the Central Government, on W. P. (C). Nos. 21767 & 19657 of 2021

which certain defects were noticed and after curing the said

defects, the list had again been forwarded to the Central

Government. No orders have so far been issued either

reconstituting the authority or extending the term of the earlier

authority.

3. In the above circumstances, there will a direction to the

additional 5th respondent in W.P.(C).No.21767 of 2021 to pass

orders regarding the reconstitution of the authority, if a proposal

has already been received in that regard from the State

Government and in case there is any difficulty to reconstitute the

authority on the basis of such recommendation, the additional 5 th

respondent may pass orders extending the term of the authority,

whose period has now expired, so that the functioning of the

authority does not come to a stand still.

Post on 11.02.2022. The Registry shall communicate this

order to the additional 5th respondent.

H/o.

Sd/-

T.R. RAVI JUDGE

Pn

25-01-2022 /True Copy/ Assistant Registrar