Kerala High Court
Muhammed Rafeek. K.A vs The District Geologist on 16 November, 2023
WP(C) No.20610/2023 1 / 17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 16th day of November 2023 / 25th Karthika, 1945
WP(C) NO. 20610 OF 2023
PETITIONER:
MUHAMMED RAFEEK. K.A., AGED 38 YEARS, S/O K.S. ABDUL KAREEM,
RESIDING AT KAIPALATHIL HOUSE,SOUTH CHALACKAL, MARAMPALLY, ALUVA,
KERALA, PIN - 683105.
RESPONDENT:
1. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002.
2. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN-695004.
3. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU,
KANNANMOOLA ROAD FROM OVERBRIDGE VELAKKUDY, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN-695024.
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 allow the petitioner to continue quarrying activity, in respect
of Exhibit P3 quarry for permissible period as per Exhibit P-3
irrespective of expiry of the period fixed as per Exhibit P1, in the light
of Exhibit P8 during the pendency of the above Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. ALEX.M.SCARIA, A.J.RIYAS, KRISHNA DAS, SARITHA THOMAS, ALEN J.
CHERUVIL, SAHL ABDUL KADER & DEVIKA WARRIER Advocates for the petitioner,
the court passed the following:
WP(C) No.20610/2023 2 / 17
MURALI PURUSHOTHAMAN, J.
=======================
WP(C) Nos.22785/2023, 1483/2023,
20454/2023, 20597/2023, 20610/2023,
20763/2023, 21543/2023, 22689/2023,
23092/2023, 23150/2023, 23309/2023,
23685/2023, 24292/2023, 24415/2023,
24651/2023, 25208/2023, 25940/2023,
26430/2023, 26690/2023, 27182/2023,
27864/2023, 28218/2023, 28223/2023,
28683/2023, 29463/2023, 30518/2023,
31513/2023 32798/2023, 33243/2023,
32545/2023,35764/2023 AND 35978/2023
===============================
Dated this the 16th day of November, 2023
ORDER
The National Green Tribunal (NGT) passed an
order dated 13.09.2018 in O.A No.186/2016 (Satendra
Pandey v. MoEF&CC and another) wherein it was held
that the Environmental Impact Assessment (EIA)
Amendment Notification, i.e. S.O. 141 (E), dated
15.01.2016 shall be brought in consonance and in
WP(C) No.20610/2023 3 / 17
W.P.(C) Nos.22785/2023
& connected cases : 2:
accordance with the directions of the Hon'ble
Supreme Court in Deepak Kumar v. State of Haryana
and others [(2012) 4 SCC 629], by providing public
consultation and EIA for all areas from 5 to 25
Hectares falling under Category B-2 at par with
Category B-1 by the State Level Expert Appraisal
Committee (SEAC) for recommendation and grant of
Environmental Clearance (EC) by State Level
Environment Impact Assessment Authority (SEIAA),
instead of District Level Environment Impact
Assessment Authority (DEIAA).
2. In compliance with NGT's order dated
13.09.2018, the Ministry of Environment, Forest and
Climate Change issued Office Memorandum (OM)
dated 12.12.2018 directing the Chief Secretaries of
all States and Union Territories to comply with the
said order.
WP(C) No.20610/2023 4 / 17
W.P.(C) Nos.22785/2023
& connected cases : 3:
3. In the light of NGT's order dated 13.09.2018,
all Environmental Clearances issued by DEIAA
between 15.01.2016 and 13.09.2018 require
reappraisal by SEIAA.
4. In the meanwhile, the Ministry of
Environment, Forest and Climate Change issued S.O.
221(E) dated 18.01.2021, amending the principal EIA
Notification S.O. 1533 (E) dated 14.09.2006 and
directing that the period from 01.04.2020 to
31.03.2021 shall not be considered for the purpose of
calculation of the period of validity of prior
Environmental Clearance, in view of the outbreak of
Corona virus.
5. The Ministry of Environment, Forest and
Climate Change issued a further notification, S.O.
1807 (E) dated 12.04.2022, substituting sub
paragraphs (i) and (ii) of Paragraph 9 of the principal
WP(C) No.20610/2023 5 / 17
W.P.(C) Nos.22785/2023
& connected cases : 4:
EIA Notification 2006, by which prior Environmental
Clearance for mining projects was made valid for
'Project Life' as laid down in the Mining Plan as
approved and renewed by the competent authority
from time to time, subject to a maximum of 30
years, whichever is earlier.
6. While so, the National Green Tribunal passed
an order dated 07.12.2022 in O.A No.142/2022
observing that the mining leases in which
Environmental Clearance was granted by DEIAA
between 15.01.2016 and 13.09.2018 are still
continuing even after the passing of the order dated
13.09.2018 and the OM dated 12.12.2018 issued by
the Ministry of Environment, Forest and Climate
Change, without reappraisal by SEIAA.
7. The Ministry of Environment, Forest and
Climate Change thereupon issued OM dated
WP(C) No.20610/2023 6 / 17
W.P.(C) Nos.22785/2023
& connected cases : 5:
28.04.2023 directing that all State Level Expert
Appraisal Committees (SEACs) shall reappraise the
Environmental Clearances issued by DEIAAs between
15.01.2016 and 13.09.2018 and all fresh
Environmental Clearances in this regard shall be
issued only by SEIAAs based on such appraisal and
such reappraisal shall be completed within a time
period of one year from the date of issue of the OM.
8. The petitioners who have obtained
Environmental Clearances from DEIAAs between
15.01.2016 and 13.09.2018 are claiming, inter alia,
the benefit of S.O. 1807 (E) dated 12.04.2022 issued
by the Ministry of Environment, Forest and Climate
Change.
9. The learned counsel for the petitioners refers
to a Judgment and various interim orders passed by
this Court wherein the benefit of the aforesaid
WP(C) No.20610/2023 7 / 17
W.P.(C) Nos.22785/2023
& connected cases : 6:
notification has been extended to similarly situated
persons. Reference is made to the interim orders
passed by this Court in W.P. (C). Nos. 14264 of 2022,
14635 of 2022, 18280 of 2022, 23635 of 2022,
42123 of 2022, 18873 of 2023, 33105 of 2023 and
judgment dated 20.12.2022 in W.P. (C). No. 35855 of
2022, wherein the benefit of the aforesaid notification
was extended to the petitioners therein. The
petitioners pray for similar interim relief.
10. Sri. M.P. Sreekrishnan, the learned Standing
Counsel for SEIAA has objected to the granting of
any interim relief to the petitioners for the reason
that in all these cases, Environmental Clearances
have been issued by DEIAAs and extension can be
given only after reappraisal of the Environmental
Clearance as directed by the NGT and, till
reappraisal, the Environmental Clearances issued by
WP(C) No.20610/2023 8 / 17
W.P.(C) Nos.22785/2023
& connected cases : 7:
DEIAAs between 15.01.2016 and 13.09.2018 shall
stand suspended. It is also contended that the
'Project Life' is not estimated or mentioned in any of
the Mining plans issued by the competent authorities
and only SEAC can estimate the Project Life of mining
project as mentioned in para 9(i) of the EIA
notification, 2006. Referring to the Minutes of the
115th meeting of SEIAA, Kerala, held on 30.06.2022,
it is submitted that SEIAA has requested the Ministry
of Environment, Forest and Climate Change for
amending S.O. 1807 (E) dated 12.04.2022.
11. As regards the contention regarding Project
Life of mining, sub paragraphs (i) and (ii) of
Paragraph 9 of the principal EIA Notification, 2006
provided that prior Environmental Clearance granted
for mining projects shall be valid for project life as
estimated by Expert Appraisal Committee or SEAC,
WP(C) No.20610/2023 9 / 17
W.P.(C) Nos.22785/2023
& connected cases : 8:
whereas; S.O. 1807 (E) dated 12.04.2022 provides
that the Environmental Clearance granted for mining
projects shall be valid for the Project Life as laid
down in the Mining Plan approved and renewed by
the competent authority. Though the SEIAA has
proposed an amendment to the EIA Notification, no
amendment is yet carried out and S.O. 1807 (E)
dated 12.04.2022 still holds the field.
12. With regard to the contention of Sri.
Sreekrishnan that the Environmental Clearances
issued by DEIAAs between 15.01.2016 and
13.09.2018 shall stand suspended till reappraisal of
the Environmental Clearance by SEAC/SEIAA as
directed by the NGT, the Ministry of Environment,
Forest and Climate Change has issued Office
Memorandum dated 03.11.2023 clarifying Office
Memorandum dated 28.04.2023, which reads as
WP(C) No.20610/2023 10 / 17
W.P.(C) Nos.22785/2023
& connected cases : 9:
follows:
"Office Memorandum
Subject: Clarification with reference to
Ministry's OM dated 28.04.2023 in
Compliance of order dated 07.12.2022
passed by Hon'ble NGT in O.A.142 of 2022
in the matter of Jayant Kumar vs. Ministry
of Environment, Forest and climate
change-reg.
This is with reference to the Ministry's OM
dated 28.04.2023, wherein the Ministry has
directed that, all valid Environmental Clearances
(ECs) issued by DEIAA shall be reappraised
through SEAC/SEIAA in compliance of the order
of the Hon'ble NGT in O.A.142 of 2022. It was
also directed that all concerned SEACs shall
reappraise the ECs issued by DEIAAs between
15.01.2016 and 13.09.2018 (including both
dates) and all fresh ECs in this regard shall be
WP(C) No.20610/2023 11 / 17
W.P.(C) Nos.22785/2023
& connected cases : 10 :
issued by SEIAAs based only after such
appraisal. The re-appraisal by SEIAA shall be
completed within a time period of one year from
the date of issue of OM dated 28.04.2023.
2. In this regard, the Ministry has filed an
affidavit before the Hon'ble NGT on 25.05.2023
in OA No.142 of 2022 in the matter of Jayant
Kumar Vs. MoEFCC & Ors., stating that all valid
ECs granted by DEIAA from 15.01.2016 to
13.09.2018, will continue to be valid for one
year from the date of issue of the Ministry's OM
dated 28.04.2023 subject to the compliance of
the conditions prescribed therein.
3. In view of the above, it is further clarified
that the ECs granted by DEIAA which are valid
as on date shall continue to be valid for one
year from the date of issue of OM dated
28.04.2023 unless the validity of the EC
granted by DEIAA has lapsed prior to
28.04.2023 or until SEIAA has invalidated the
WP(C) No.20610/2023 12 / 17
W.P.(C) Nos.22785/2023
& connected cases : 11 :
EC granted by DEIAA after carrying out re-
appraisal as outlined above, whichever is
earlier."
(underlining supplied)
13. In the light of the stand taken by the
Ministry of Environment, Forest and Climate Change
that all valid ECs granted by DEIAA from 15.01.2016
to 13.09.2018 will continue to be valid for one year
from the date of issue of the OM dated 28.04.2023
subject to the compliance of the conditions prescribed
therein, the contention of SEIAA that the
Environmental Clearances issued by DEIAAs between
15.01.2016 and 13.09.2018 shall stand suspended
till reappraisal of the Environmental Clearance by
SEAC/SEIAA cannot be sustained. The Environmental
Clearances issued by DEIAAs which are valid as on
03.11.2023 shall continue to be valid for one year
from the date of issue of OM dated 28.04.2023
WP(C) No.20610/2023 13 / 17
W.P.(C) Nos.22785/2023
& connected cases : 12 :
unless the validity of the Environmental Clearances
granted by DEIAA has lapsed prior to 28.04.2023 or
until SEIAA has invalidated the Environmental
Clearances granted by DEIAAs after carrying out re-
appraisal.
14. S.O. 1807 (E) dated 12.04.2022 provides that
the Environmental Clearance granted for mining
projects shall be valid for the Project Life as laid
down in the Mining Plan approved and renewed by
the competent authority. If the benefit of S.O. 1807
(E) dated 12.04.2022 is extended to the petitioners
who have been issued Environmental Clearances
between 15.01.2016 and 13.09.2018 by DEIAAs,
the Environmental Clearances will be valid for the
Project Life as laid down in the Mining Plan approved
and renewed by the competent authority. In the light
of Office Memorandum dated 03.11.2023, which
WP(C) No.20610/2023 14 / 17
W.P.(C) Nos.22785/2023
& connected cases : 13 :
provides that all valid Environmental Clearances
granted by DEIAA from 15.01.2016 to 13.09.2018
will continue to be valid for one year from the date of
issue of the OM dated 28.04.2023, the
Environmental Clearances issued by DEIAAs have to
be treated as valid up to 28.04.2024 or till orders are
passed by SEIAA after reappraisal, whichever is
earlier, subject to availability of project life. The
benefit of S.O. 1807 (E) dated 12.04.2022 has been
extended by this Court by judgment and orders
referred to above, where the Environmental
Clearances are issued by the SEIAA. In view of the
stand taken by the Ministry of Environment, Forest
and Climate Change in their Office Memorandum
dated 03.11.2023, the benefit of S.O. 1807 (E) dated
12.04.2022 is extended provisionally to the
petitioners who have been issued Environmental
WP(C) No.20610/2023 15 / 17
W.P.(C) Nos.22785/2023
& connected cases : 14 :
Clearances by DEIAAs between 15.01.2016 and
13.09.2018, and such Environmental Clearances have
to be treated as valid up to 28.04.2024 or till orders
are passed by SEIAA after reappraisal, whichever is
earlier, subject to availability of project life as laid
down in the Mining Plan approved and renewed by
the competent authority and mineable reserves. All
the respondent statutory authorities shall treat the
Environmental Clearance issued by DEIAAs between
15.01.2016 and 13.09.2018 as valid up to
28.04.2024 or till orders are passed by SEIAA after
reappraisal, whichever is earlier, subject to
availability of project life as laid down in the Mining
Plan approved and renewed by the competent
authority and mineable reserves and on condition
that the petitioners satisfy all other statutory
requirements. It is made clear that the observations
WP(C) No.20610/2023 16 / 17
W.P.(C) Nos.22785/2023
& connected cases : 15 :
herein are without prejudice to the contentions and
proposal made by SEIAA, Kerala in their 115th
meeting held on 30.06.2022 before the Ministry of
Environment, Forest and Climate Change.
Post on 15.12.2023.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) No.20610/2023 17 / 17
APPENDIX OF WP(C) 20610/2023
Exhibit P1 TUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE BEARING NO. 15/KNR/2016/DEIAA DATED
01/07/2017.
Exhibit P3 TRUE COPY OF THE MINING LEASE DATED 22/01/2018 ISSUED
TO THE PETITIONER
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 BEARING
NO. S.O. 1807(E) ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST & CLIMATE CHANGE.
