Anil K.N vs State Environment Impact ...
2023 Latest Caselaw 2971 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO. 8564 OF 2023
PETITIONER:

             ANIL K.N
             S/O.NARAYAN KAPRAKKATTU HOUSE, OKKAL P.O.,
             ONAMPILLY, ERNAKULAM, PIN - 683550
             BY ADV K.J.MANU RAJ


RESPONDENTS:

      1      STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
             REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR, KSRTC
             TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM,
             PIN - 695014
      2      DISTRICT GEOLOGIST,
             OFFICE OF THE DISTRICT GEOLOGIST,
             PALAKKAD DISTRICT, PIN - 678014


             SMT.PARVATHY.K-GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.03.2023,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.8564 Of 2023


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             ANU SIVARAMAN, J.
        ====================
            WP(C). No.8564 of 2023
        ====================
                        Dated this the 13th day of March, 2023


                                   JUDGMENT

This writ petition has filed seeking the following

reliefs:

i) Declare that the period from 1st April 2020 to the 31st March 2021 shall not be considered for the purpose of calculation of the period of validity of Ext.P1 Environment Clearance in the light of issuance of Ext.P3 notification and P4 communication by the respondents and that there is deemed extension of Environmental Clearance by Ext.P3 & P4.

ii) Issue a writ of mandamus or other appropriate writ order of direction, directing the 2 nd respondent to allow the petitioner to enjoy the benefits of Ext.P3 notification and Ext.P4 issued by the respondents and to issue transit passes if all other licences are obtained by the petitioner while conducting the quarrying activities in landed properties having an extent of 0.9985 in Sy Nos.406/2, 422/1, 422/2, 422/3 of Thenkurissi-2 Village, Alathur Taluk, Palakkad District.

WP(C).No.8564 Of 2023

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2. Heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

respondents.

3. The petitioner has been issued with Ext.P1

Environmental Clearance having validity of five years. Relying

on Ext.P3 notification, the learned counsel for the petitioner

submits that the period 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 Environmental Clearance Certificate and the

petitioner therefore is having deemed extension of the

Environmental Clearance for the corresponding period.

4. A similar case, WP (C) No.18525 of 2022, came up for

admission before this Court and this Court passed Ext.P5

judgment.

Taking into consideration Exts. P1, P3 and P5 judgment,

this writ petition is disposed of declaring that the petitioner is

entitled to get extension of Environmental Clearance in terms of

Ext.P3 notification and directing the 2nd respondent to allow the

petitioner to enjoy the benefit of Ext.P3. There will be a further

direction to the respondents to issue movement permit/transit WP(C).No.8564 Of 2023

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pass to the petitioner, subject to availability of mineral reserves

and if the petitioner is otherwise eligible.

Sd/-

ANU SIVARAMAN, JUDGE ded/13.03.2023 WP(C).No.8564 Of 2023

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APPENDIX OF WP(C) 8564/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ENVIRONMENT CLEARANCE NO. DIA /KL/PL//31/2017 DATED 12.3.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY; PALAKKAD Exhibit P2 A TRUE COPY OF THE MOVEMENT PERMIT NO.PAL/QP/2023/72778/MP -1/2023/73244 DATED 16.2.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTIFICATION OF SO.221 (E) DATED 18.01.2021 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 5.10.2021 OF THE STATE IMPACT ASSESSMENT AUTHORITY, TO ALL DISTRICT GEOLOGISTS IN KERALA Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.P.[C] NO. 18525 OF 2022 DATED 8.6.2022 Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) 3511/2023 DATED 20.2.2023 RESPONDENTS' EXHIBITS: NIL