Kerala High Court
Joby John vs 1) State Level Environment Impact ... on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 14020 OF 2023
PETITIONER:
JOBY JOHN
AGED 45 YEARS, MUNDOKUZHIYIL CHAMAPPARA,
SEETHAMOUNT P.O., PADICHIRA, WAYANAD, PIN - 573 579
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH
RESPONDENTS:
1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA KERALA)REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE
REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA
ROAD, OVERBRIDGE, VELAKUDI, TRIVANDRUM, PIN - 695024
BY ADV
SMT.DEEPA N - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) NO.14020 OF 2023
2
JUDGMENT
Dated this the 26th day of July, 2023
The petitioner intended to use his property for more
profitable use and decided to start quarrying operations in his
property. On the application for Environmental Clearance
submitted by the petitioner, the 2nd respondent-State Level
Expert Arraisal Committee recommended rejection of his
application for Environmental Clearance on the ground that
there is a residential building in the quarrying site (31 Metres
of the proposed mining area).
2. The petitioner states that the building in question is
to be used as a Site Office and the petitioner had submitted
documentary evidence in this regard. The petitioner does not
intend to use the building for residential purpose.
3. The counsel for the petitioner pointed out that an
exactly similar issue came up for consideration before this
W.P(C) NO.14020 OF 2023
Court in W.P.(C) No.38004/2022 and this Court as per
Ext.P16 judgment directed the respondents to consider the
application for the Environmental Clearance treating the
building as Site Office. Pursuant to the said direction, the
State Level Environmental Impact Assessment Authority has
in its 127th meeting held on 30th and 31st May, 2023, has
granted Environmental Clearance to the petitioner in Ext.P16
judgment.
4. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing respondents
1 and 2.
5. The application for Environmental Clearance
submitted by the petitioner is not being processed on the
ground that there is a building wthin 31 Metres of the project
area. The petitioner would submit that the said building is one
used as a Site Office and is not being used for residential
purpose.
W.P(C) NO.14020 OF 2023
6. Taking into consideration Ext.P16 judgment of this
Court, I am of the view that the writ petition can be disposed
of with the following appropriate directions :-
(i) The petitioner is directed to file an affidavit before
the 1st respondent undertaking that the building will be used
only as Site Office and will not be used for residential purpose
during the Project Life.
(ii) Once the petitioner submits such an undertaking,
the 1st respondent shall consider the application for
Environmental Clearance and process the said application in
accordance with law expeditiously.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
ded
W.P(C) NO.14020 OF 2023
APPENDIX OF WP(C) 14020/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED
16-3-2018 ISSUED BY THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING &
GEOLOGY, MEENANGADI, WAYANAD
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
MINING PLAN WHICH INCLUDES THE SURVEY
MAP WHICH FORM PART OF THE MINING PLAN
DATED 8/6/2018
EXHIBIT P3 TRUE COPY OF THE TIMELINE DETAILS
SHOWING SUBMISSION OF APPLICATION FOR
ENVIRONMENTAL CLEARANCE ON 12-2-2020
EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF 122ND
MEETING OF THE SEAC HELD ON 15TH TO 18TH
JUNE, 2021
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF 127TH
MEETING OF SEAC WHICH HELD ON 28TH -
30TH APRIL 2022
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF
MINUTES OF 130TH MEETING OF SEAC HELD ON
4TH TO 6TH JULY, 2022
EXHIBIT P7 TRUE COPY OF FIELD INSPECTION REPORT
DATED 21/11/2022 OBTAINED BY THE
PETITIONER UNDER THE PROVISIONS OF RTI
ACT
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 2-
8-2022, SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT ALONG WITH THE
SURVEY MAP ATTESTED BY THE VILLAGE
OFFICER, PADICHIRA
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE DATED 4-2-
2023 ISSUED BY THE VILLAGE OFFICER,
PADICHIRA VILLAGE CERTIFYING THAT
BUILDING BEARING NO.9/120 SITUATES IN
RE.SY.NO.382/1, IS A SITE OFFICE OF THE
PETITIONER
W.P(C) NO.14020 OF 2023
EXHIBIT P9(A) TRUE COPY OF THE CERTIFICATE DATED 13-2-
2023 ISSUED BY THE VILLAGE OFFICER,
PADICHIRA VILLAGE CERTIFYING THAT THE
BUILDING SHOWN AS SITE OFFICE IN THE
ATTESTED SURVEY SKETCH
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF
MINUTES OF 117 TH MEETING OF THE 1 ST
RESPONDENT WHICH HELD ON AUGUST, 2022 IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT
P10.
EXHIBIT P11 TRUE COPY OF THE RECEIPT DT.31-8-2022
ISSUED BY THE MULLANKOLLY GRAMA
PANCHAYAT ACKNOWLEDGING THE REMITTANCE
OF THE PROPERTY TAX WITH RESPECT TO THE
BUILDING
EXHIBIT P12 TRUE COPY OF COVERING LETTER SUBMITTED
BY THE PETITIONER ENDORSING
ACKNOWLEDGEMENT OF THE SAME ON 21-6-2021
EXHIBIT P13 TRUE COPY OF RELEVANT PAGES OF
ENVIRONMENTAL CLEARANCE ISSUED TO ONE
MR.HARIS C, CHEEPILANGODE HOUSE,
VELIMANNA, KOZHIKODE BEARING
NO.30/Q/2022
EXHIBIT P14 TRUE COPY OF RELEVANT PAGES OF
ENVIRONMENTAL CLEARANCE ISSUED TO ONE
MR.SUDHEESH A.T., ADAKKATHOTTATHIL
HOUSE, KUMBLERI, WAYANAD, BEARING
NO.49/Q/2022
EXHIBIT P15 TRUE COPY OF RELEVANT PAGES OF
ENVIRONMENTAL CLEARANCE ISSUED TO ONE
MR.ABY JOY POTTAS, MANAGING PARTNER,
M/O.SION EXIM CORP, PANDIALACKAL
SHOPPING COMPLEX, THAMARASSERRY,
KOZHIKODE, BEARING NO.34/Q/2021
EXHIBIT P16 TRUE COPY OF JUDGMENT DATED 22-3-2023
PASSED BY THIS HON'BLE COURT IN W.P.(C)
NO.38004/2022
