Kerala High Court
Ajayghosh vs National Highway Authority Of ... on 17 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(C) NO. 3549 OF 2023
PETITIONERS:
1 P.K. SASI,
AGED 54 YEARS
S/O. KUNJAPPAN, PUTHENBHAGATH,
EZHAKKARANAD P.O., PUTHENCRUZ (VIA),
ERNAKULAM DISTRICT, PIN- 682308.
2 RAVI P.K.,
AGED 52 YEARS
S/O KUNJAPPAN, PUTHENBHAGATH
C/O THEKKUMALAYIL, EZHAKKARANAD P.O.,
PUTHENCRUZ (VIA),
ERNAKULAM DISTRICT, PIN- 682308.
3 RAJAPPAN T.C.,
AGED 49 YEARS
S/O. CHOTHY, THEKKUMALAYIL,
EZHAKKARANAD P.O., PUTHENCRUZ (VIA),
ERNAKULAM DISTRICT, PIN- 682308.
4 T.C. CHANDRAN,
AGED 63 YEARS
S/O. CHEERAN, THEKKUMALAYIL,
EZHAKKARANAD P.O., PUTHENCRUZ (VIA),
ERNAKULAM DISTRICT, PIN- 682308.
BY ADVS.
PAUL ABRAHAM VAKKANAL
ABRAHAM VAKKANAL (SR.)
VINEETHA SUSAN THOMAS
ROHITH C.
RESPONDENTS:
1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM, PIN- 685001.
W.P.(C) No.3549/2023 & connected cases
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2 MANEED GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
MANEED P. O.,
ERNAKULAM DISTRICT, PIN- 686664.
3 SECRETARY,
MANEED GRAMA PANCHAYAT, MANEED P. O.,
ERNAKULAM DISTRICT, PIN- 686664.
4 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING &
GEOLOGY, CIVIL STATION, KAKKANADU P.O.,
KOCHI, PIN- 682030.
5 KERALA STATE BIODIVERSITY BOARD,
REPRESENTED BY ITS MEMBER SECRETARY,
BELHAVEN E ST, BELHAVEN GARDENS, NANTHANCODU,
THIRUVANANTHAPURAM, PIN- 695003.
6 KERALA STATE COMMISSION FOR SC AND ST,
REPRESENTED BY ITS MEMBER SECRETARY,
AYYANKALI BHAVAN, KANAKA NAGAR, KOWDIAR.P.O.,
THIRUVANANTHAPURAM, PIN- 695003.
7 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN- 682030.
8 DISTRICT POLICE CHIEF,
ERNAKULAM (RURAL), OPPOSITE POWER HOUSE,
ALUVA, ERNAKULAM, PIN- 683101.
9 STATION HOUSE OFFICER,
RAMAMANGALAM POLICE STATION,
ERNAKULAM DISTRICT, PIN- 686663.
10 ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED,
KANNANPARAMBU HOUSE, VAZHIKULANGARA,
NORTH PARAVUR, ERNAKULAM DISTRICT,PIN- 683513,
REPRESENTED BY JOINT PROJECT DIRECTOR, A.K.JHA
11 B. M. SALIM,
S/O B. K.MUHAMMED, 36/2150A,
SHENOY'S ROAD, KALOOR, KOCHI, PIN- 682017.
12 SAJNA SALIM,
D/O. MAJEED, 36/2150A, SHENOY'S ROAD,
KALOOR, KOCHI, PIN- 682017.
13 ADDL. R13. ABHILASHKUMAR P.T.,
S/O THANKAPPAN, AGED 40 YEARS,
PUTHENBHAGATH HOUSE, EZHAKKARANAD P.O,
PUTHENCRUZE (VIA),
ERNAKULAM DISTRICT, PIN-682 308.
W.P.(C) No.3549/2023 & connected cases
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14 ADDL. R14. RAJAN V.N.,
S/O NARAYANAN, AGED 63 YEARS,
VETTITHARAMATTATHIL HOUSE,
EZHAKKARANAD P.O, PUTHENCRUZE (VIA),
ERNAKULAM DISTRICT, PIN-682308.
15 ADDL. R15. VARGHESE ULAHANNAN,
S/O. ULAHANNAN, AGED 77 YEARS,
KOCHUPURACKAL HOUSE, EZHAKKARANAD P.O.,
PUTHENCRUZE(VIA),
ERNAKULAM DISTRICT, PIN-682308.
16 ADDL. R16. BIJU T.V.,
S/O. VARKEY, AGED 47 YEARS, THAVALACHALIL
HOUSE, EZHAKKARANAD P.O., PUTHENCRUZE (VIA),
ERNAKULAM DISTRICT, PIN - 682308.
17 ADDL. R17. SAJI T.T,
S/O THANKAPPAN, AGED 46 YEARS, THEKKUMALAYIL
HOUSE, EZHAKKARANAD P.O., PUTHENCRUZE (VIA),
ERNAKULAM DISTRICT, PIN-682308.
18 ADDL.R18. K.M.PAILY,
S/O. MATHAI, AGED 67 YEARS, KAILAPURATH HOUSE,
EZHAKKARANAD P.O., PUTHENCRUZE (VIA),
ERNAKULAM DISTRICT, PIN-682308.
(ADDL. R13 TO R18 IMPLEDED AS PER ORDER DATED
06.02.2023 IN I.A. NO.1/2023)
19 ADDL. R19. THE PROJECT DIRECTOR,
PROJECT IMPLEMENTATION UNIT, MAVELIPURAM,
THRIKKAKARA, KAKKANAD, KERALA, PIN- 682030,
(ADDL.R19 IS IMPLEADED AS PER ORDER DATED
14.02.2023 IN I.A. NO. 2/2023)
W.P.(C) No.3549/2023 & connected cases
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BY ADVS.
M.P.SREEKRISHNAN, SC
SUNU P.JOHN
NAVEEN.T, SC, KERALA STATE BIODIVERSITY BOARD
SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
MANU ROY
M.M.MONAYE
E.C.KURIAKOSE
M.PAUL VARGHESE
K.V.SANOSH
ANJANA SUGUNAN
LEJO JOSEPH GEORGE
IRFAN ZIRAJ
SRI.S.KANNAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2023, ALONG WITH WP(C).11526/2023,
15258/2023 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3549/2023 & connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(C) NO. 11526 OF 2023
PETITIONER:
M/S. KUTTICKAL CONSTRUCTIONS
REP BY ITS PROPRIETOR OFFICE NO: 131/A/8 -
THOTTAPPALLY P.O, ALAPPUZHA, PIN - 690001
BY ADV JOBI JOSE KONDODY
RESPONDENTS:
1 DISTRICT POLICE CHIEF
SUPERINTENDEND OFFICE
ALAPPUZHA-, PIN - 690001
2 DEPUTY SUPERINTENDEND OF POLICE
DY.S.P OFFICE, CHENGANNUR, PIN - 689121
3 STATION HOUSE OFFICER
NOORNADU POLICE STATION
NOORNADU-, PIN - 690504
4 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
MINI CIVIL STATION, CHERTHALA
ALAPPUZHA, PIN - 688524
5 SETHU
CHARIVILAYIL MATTAPPALLY, AASAN KALING
NOORNADU, PIN - 690504
BY ADVS.
SRI.S.KANNAN, SR.GOVERNMENT PLEADER
V.M.KRISHNAKUMAR
P.R.REENA(K/000510/1998)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2023, ALONG WITH WP(C).3549/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.3549/2023 & connected cases
:6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(C) NO. 15258 OF 2023
PETITIONER:
THRIKKUR GRAMA PANCHAYAT
KALLUR P.O, THRISSUR DISTRICT , KERALA,
REPRESENTED BY ITS SECRETARY, DINESH M.K,
SON OF KRISHNANKUTTY, RESIDING AT MANNAMPETTA
KARUVAN HOUSE, VARKALA P.O, AMBALLUR VILLAGE,
MYKUNDHAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680317
BY ADVS.
P.M.ZIRAJ
VISHNU P.S.
NIMISHA ANTONY
MOHAMMED SHEHIN.S.S
BIPIN KRISHNAKUMAR
ABHIJITH P.A.
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
THRISSUR DISTRICT, PIN - 680020
2 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT COLLECTOR
THRISSUR, FIRST FLOOR, CIVIL STATION,
CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE,
THRISSUR, KERALA, PIN - 680003
4 THE STATION HOUSE OFFICER
PUTHUKKAD POLICE STATION,
THRISSUR DISTRICT, PIN - 680301
W.P.(C) No.3549/2023 & connected cases
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5 NATIONAL HIGHWAY AUTHORITY OF INDIA
G - 586 , SECTOR - 10 , DWARAKA P.O.
NEW DELHI, REPRESENTED BY ITS CHAIRMAN,
PIN - 110075
6 JAMES A.R
FATHERS NAME NOT KNOWN TO THE PETITIONER,
ALANGATTUKARAN HOUSE, MAVINCHUVADU,
KALLUR P.O, THRISSUR, PIN - 680317
7 USHA JAMES
WIFE OF JAMES,, ALANGATTUKARAN HOUSE,
MAVINCHUVADU, KALLUR P.O,
THRISSUR, PIN - 680317
BY ADVS.
PHILIP J.VETTICKATTU
B.G.BIDAN CHANDRAN, SC
K.J.MOHAMMED ANZAR(K/122/1995)
SAJITHA GEORGE(K/497/2005)
NEENU BERNATH(K/000575/2013)
SRI.S.KANNAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2023, ALONG WITH WP(C).3549/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.3549/2023 & connected cases
:8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(C) NO. 20721 OF 2023
PETITIONERS:
1 AJAYGHOSH,
AGED 53 YEARS
S/O KARUTHAKUNJU, K.K.HOUSE, MATTAPPILLY,
NOORANADU.P.O, ALAPUZHA DIST (PANCHAYATH MEMBER
WARD NO.IV, PALAMEL GRAMAPANCHAYATH,
ALAPUZHA DISTRICT, PIN - 690504
2 VINODKUMAR,
AGED 46 YEARS
S/O BALAKRISHNA PILLAI, KRISHNA NIVAS,
ULAVUKKAD, NOORNAD.P.O, ALAPUZHA DIST
(PRESIDENT, PALAMEL GRAMAPANCHAYATH),
PIN - 690504
3 JUSTIN JACOB,
AGED 49 YEARS
S/O K.A.JACOB, KANDATHIL HOUSE, KUDASANADU.P.O,
ALAPUZHA DIST (PANCHAYATH MEMBER WARD NO.VI,
PALAMEL GRAMAPANCHAYATH, ALAPUZHA DISTRICT,
PIN - 689512
4 MUHAMMED ALI,
AGED 40 YEARS
S/O MEERAMOTHI, PLAVILATHEKKETHIL HOUSE,
ATHIKKATTUKULANGARA P.O. ALAPUZHA,PIN - 690504
5 B.ANILKUMAR,
AGED 39 YEARS
S/O BHASKARAN UNNITHAN, PUNNAKKAKULANGARA
HOUSE, ULAVUKKAD, NOORANAD, PO, ALAPUZHA DIST
(PANCHAYATH MEMBER WARD NO.III,
PALAMEL GRAMAPANCHAYATH,
ALAPUZHA DISTRICT, PIN - 690504
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RENJITH THAMPAN (SR.)(K/276/1990)
W.P.(C) No.3549/2023 & connected cases
:9:
RESPONDENTS:
1 NATIONAL HIGHWAY AUTHORITY OF INDIA ,
REPRESENTED BY PROJECT DIRECTOR, NO.36/414(3),
NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA,
THIRUVANANTHAPURAM, PIN - 695024
2 DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
KODATHIKAVALA, CHERTHALA,
ALAPUZHA, PIN - 688524
3 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA) ,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR,
KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695014
4 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
ALAPUZHA, PIN - 688001
5 M/S. KUTTICKAL CONSTRUCTIONS,
REPRESENTED BY ITS PROPRIETOR,
OFFICE NO.131/A/8, THOTTAPPALLY. P.O,
ALAPUZHA, PIN - 688561
6 NIYAS SIDHIQUE,
ERINETHVADAKKETHIL HOUSE,
MALMELBHAGAM, KAREELAKULANGARA.P.O,
ALAPUZHA, PIN - 690572
7 PRASANTHAKUMARI.S,
'PAVITHRAM', TOWN WARD,
NOORANAD P.O, ALAPUZHA DIST, PIN - 690504
BY ADVS.
Salil Narayanan K.A.
JOBI JOSE KONDODY
R.SUNIL KUMAR
A.SALINI LAL
M.P.SREEKRISHNAN, SC
B.G.BIDAN CHANDRAN, SC
SRI.S.KANNAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2023, ALONG WITH WP(C).3549/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.3549/2023 & connected cases
: 10 :
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.3549, 11526, 15258
and 20721 of 2023
`````````````````````````````````````````````````````````````
Dated this the 17th day of October, 2023
JUDGMENT
~~~~~~~~~
A common question of law arises in these writ
petitions and hence the writ petitions are considered together
and disposed by a common judgment.
2. W.P.(C) No.3549 of 2023 has been filed by the
petitioners who belong to Scheduled Caste (SC) community
and who are residing in Thekkumala SC Colony in Maneed
Panchayat of Ernakulam District. According to the
petitioners, about 150 families live in and around the foothills
W.P.(C) No.3549/2023 & connected cases
of Thekkumala. There are water bodies, Chira, Church and a
Padasekharam nearby.
3. The 10th respondent has undertaken National
Highway (NH) project work and has entered into agreement
for extraction of ordinary earth with respondents 11 and 12,
who own a large extent of land on one side of Thekkumala.
The 10th respondent has obtained Ext.P2 Quarrying Permit.
When permission of the 2nd respondent-Maneed Grama
Panchayat was sought, the Panchayat as per Ext.P3,
decided to request the concerned authorities to cancel the
permission granted to the 10 th respondent in view of the
possible adverse environmental impact. The Grama Sabha
also, as per Ext.P4, requested the Government to cancel the
permissions granted.
4. By Ext.P5, the Panchayat has prohibited plying of
heavy vehicles as the activity causes damage to the road.
The Panchayat again, as per Ext.P10, requested the
Geology Department to cancel the permission granted to the
10th respondent. The petitioners also submitted Ext.P12
W.P.(C) No.3549/2023 & connected cases
series representations to the 6 th respondent-Kerala State
Commission for SC and ST and to the 7th respondent-District
Collector. The 3rd respondent-Secretary to Panchayat has
issued Ext.P13 Stop Memo. The petitioners seek to quash
Ext.P2 Quarrying Permit issued to the 10 th respondent and
to direct respondents 1 to 5 to conduct Environmental Impact
Assessment Study on the work of quarrying of ordinary earth
at Thekkumala before permitting quarrying in the area. The
petitioners seek to enforce Ext.P13 Stop Memo issued by the
Panchayat. Certain other incidental reliefs are also sought.
5. The 10th respondent resisted the writ petition filing
counter affidavit. There is no such hill at all in Maneed
Panchayat, contended the 10 th respondent. There is no SC
Colony either, in Ward No.1. The petitioners are not
residents of the area where quarrying work or transportation
takes place. The extraction and transportation of ordinary
earth for NH projects have been exempted from obtaining
Environmental Clearance (EC) as per SRO No.1224(E)
dated 28.03.2020 of the Ministry of Environment, Forest and
W.P.(C) No.3549/2023 & connected cases
Climate Change (MoEF&CC).
6. The Panchayat cannot stop plying of lorries,
contended the 10th respondent. The 10th respondent has
been awarded the work of 6-Laning of NH-66. About 70% of
the work is already over. Huge quantity of ordinary earth is
required to complete the work. Ext.P2 Mining Permit has
been issued on the basis of Ext.R10(C) application submitted
by the NH authorities. The District Collector has granted
Ext.R10(D) police protection for transportation of ordinary
earth for NH work. This Court has also granted Ext.R10(E)
interim police protection to the 10th respondent in W.P.(C)
No.40305 of 2022. The writ petition is therefore without any
merit, urged the 10th respondent.
7. W.P.(C) No.11526 of 2023 has been filed by a
construction company which has taken a sub-contract for the
6-Laning of Paravoor-Kottukulangara section of NH-66. The
4th respondent has approved the Mining Plan for quarrying
ordinary earth required for the NH project work. When the
petitioner's workers went to the Site to clear bushes, the 5 th
W.P.(C) No.3549/2023 & connected cases
respondent and his henchmen obstructed the workers stating
that they will not permit mining or transportation of ordinary
earth.
8. Ext.P5 complaint filed by the petitioner to the 3 rd
respondent-Station House Officer did not yield any response.
Hence, the writ petition was filed. When the writ petition
came up for hearing on 06.06.2003, this Court passed an
interim order directing the 3 rd respondent to give adequate
protection to the petitioner from the 5 th respondent and his
henchmen, for removing ordinary earth strictly in terms of
Quarrying Permit dated 08.05.2023.
9. The 5th respondent opposed the writ petition
contending that the Panchayat President and Members of
the Panchayat including Opposition Leader of the Panchayat,
have filed W.P.(C) No.20721 of 2023 challenging the mining
activity of the petitioner without valid EC and hence an order
of police protection cannot be granted to the petitioner in this
writ petition.
W.P.(C) No.3549/2023 & connected cases
10. W.P.(C) No.15258 of 2023 is a writ petition filed by
the Thrikkur Grama Panchayat seeking to set aside Ext.P1
Quarrying Permit and to direct the 1 st respondent to stop the
extraction and transportation of ordinary earth on the basis of
Ext.P1 Permit without obtaining EC. According to the
petitioner, huge illegal excavation of ordinary earth is going
on from the property of respondents 6 and 7. Under the
pretext of NH project, excavation of minor minerals is done
violating law and without obtaining EC.
11. According to the petitioner, the area where illegal
extraction of ordinary earth is done is an area where severe
water scarcity subsists. The Ayyancode Pond, which is a
drinking water source, will be polluted due to excavation. The
Panchayat has approved huge funds to renovate the said
pond. Ordinary earth is being removed from hilly terrain.
Ext.P1 quarrying permit is not supported by EC. In view of
the orders of the NGT and Ext.P5 OM dated 08.08.2022 of
the MoEF&CC, the quarrying in question is illegal and Ext.P1
Quarrying Permit is liable to be set aside.
W.P.(C) No.3549/2023 & connected cases
12. Respondents 6 and 7 resisted the writ petition,
filing counter affidavit. The Ayyancode Pond is 122 metres
away from the excavation Site and the excavation will not in
any manner pollute water in the pond. Excavation is done
without any blasting operations. The pond was in an
abandoned form and the Panchayat did not care to protect
the pond for a considerably long period. There is no such
Padasekharam near the excavation Site as alleged. The
irrigation canal is 150 metres away. Ext.P1 Quarrying Permit
is perfectly valid, contended respondents 6 and 7.
13. W.P.(C) No.20721 of 2023 has been filed by the
President, the Leader of Opposition and Ward Members of
Palamel Panchayat along with a local resident. The
petitioners state that in connection with the work of 6-Laning
of Paravoor- Kuttankulangara section of NH-66, no EC has
been obtained for mining ordinary earth. At the instance of
respondents 5 to 7, who are sub-contractors, the Project
Director, NHAI has issued Ext.P7 letter dated 02.03.2023 to
the 2nd respondent-Geologist requesting co-operation to
W.P.(C) No.3549/2023 & connected cases
remove ordinary earth from 1.075 Hectares of land in Survey
No.226 of Palamel Village.
14. The petitioners state that there is a hillock in
Kathadeth Colony, on the top of which there is a drinking
water storage tank with a capacity of 8,25,000 litres. The
hillock maintains ground water level in the entire area.
Extraction of ordinary earth from this area will result in severe
ecological imbalance. In W.P.(C) No.2740 of 2009 filed by a
private person in 2009 seeking permission to excavate soil,
this Court, in WA No.487 of 2009 arising therefrom, has
directed that report of the Centre for Earth Science Studies
should be considered by the Government, before permitting
any mining activity.
15. The Government has not taken a decision as
directed. But, the Geologist as per Ext.P9 dated 13.03.2023
has now approved the Mining Plan. On the basis of Ext.P9,
respondents 5 to 7 are trying to illegally mine ordinary earth
from the area.
W.P.(C) No.3549/2023 & connected cases
16. The petitioners would urge that as per Clause 3 of
EIA Notification, 2006, all activities and projects listed in the
Schedule to the Notification require prior EC unless it falls
under projects listed in Appendix 9. By Ext.P1 Notification
SRO.1224(E) dated 28.03.2020, the Appendix was
amended, by bringing in activity of extraction/ sourcing/
borrowing of ordinary earth for linear projects like roads and
pipelines. The NGT directed the Government to reconsider
the SRO.1224(E) dated 28.03.2020.
17. Thereupon, by Ext.P2 clarification dated
08.12.2022 of the MoEF&CC, it was decided that if the linear
project has obtained EC based on EIA Studies incorporating
sourcing of such construction materials and other activities,
no fresh EC is necessary. If sourcing material is not
considered in EIA or the linear project does not attract the
necessity of EC, then such activity will be subject to
Environmental Regulations. According to the petitioners, the
source of materials should be clearly mentioned in the
project's EC, failing which minerals can be sourced or
W.P.(C) No.3549/2023 & connected cases
extracted only on the basis of separate EC obtained under
EIA Notification, 2006. In the facts of the case, the mining
sought to be carried out by the respondents requires EC.
18. The 7th respondent in W.P.(C) No.20721/2023
filed a counter affidavit. The 7th respondent stated that
M/s.Viswasamudra Engineering Private Limited approached
her for permission for extraction and sourcing of ordinary
earth for the work of NHAI under Bharatmala Pariyojana
Scheme. The 7th respondent thereupon approached the
Geologist, Alappuzha for permission for excavating ordinary
earth from her property. The Geologist visited the property
and issued Ext.R7(a) Letter of Intent as provided under Rule
8 of the Kerala Minor Mineral Concession Rules, 2015.
Ext.R7(a) stated that the 7th respondent is eligible for
quarrying permit for extraction of ordinary earth from the
property in question, provided a mining plan prepared by a
Recognised Qualified Person (RQP) is produced.
19. The 7th respondent consulted RQP. The RQP
along with his team conducted several visits to the property
W.P.(C) No.3549/2023 & connected cases
and prepared a Mining Plan, which was submitted to the
Geologist. Based on Ext.R7(b) Mining Plan, the Geologist
issued Ext.R7(c) quarrying permit on 08.05.2023 for
extracting ordinary earth. The petitioner alleged that the 2nd
petitioner who is the President of Palamel Grama Panchayat
was earlier a PWD Contractor who had cancelled his licence
to contest election to the Panchayat. He was actually
involved in mining activities in various areas in the Panchayat
for construction work. There was some difference of opinion
between M/s.Viswasamudra Engineering Private Limited and
the 2nd petitioner consequent to which the company
approached the 7th respondent. The 2nd petitioner has
animosity towards the company and the 7 th respondent for
this reason.
20. The 7th respondent submitted that Appendix IX of
EIA Notification 2006 had exempted certain projects and
activities from obtaining Environmental Clearance.
Extraction or sourcing or borrowing of ordinary earth for
linear projects such as roads, pipelines, etc. are exempted
W.P.(C) No.3549/2023 & connected cases
from the requirement of EC. Ext.P1 notification mainly deals
with Section 8B of the MMDR Act, 1957. Sections 5 to 13 of
the Act will not apply to minor minerals. Section 15
empowers the State Government to make rules in respect of
minor minerals. Therefore, except for the Appendix IX in
Ext.P1, the rest of what is stated in Ext.P1 will not apply to
the extraction of minor minerals.
21. It is evident from Ext.P2 that even though expert
appraisal committee had recommended certain guidelines,
the MOEF & CC issued Ext.P2 Office Memorandum
modifying Ext.P1 stating that the exemption granted to
Appendix IX in Ext.P1 for extraction or sourcing or borrowing
of ordinary earth for linear projects shall be subject to
Standard Operating Procedure (SOP) attached to Ext.P2
OM. Based on Ext.P1, the Government of Kerala has issued
Ext.R7(d) GO authorising the District Geologist to issue
quarrying permit for extraction or sourcing or borrowing of
ordinary earth for linear projects. Ext.R7(d) has clarified that
such extraction can be conducted with the previous
W.P.(C) No.3549/2023 & connected cases
permission of the District Geologist concerned. As the 7 th
respondent has necessary permission from the District
Geologist, the writ petition is liable to be dismissed.
22. I have heard the learned counsel appearing for the
petitioners in the writ petitions and the learned counsel
appearing for contesting respondents. I have also heard the
learned Government Pleader representing the State. Exhibits
are referred to as they are marked in W.P.(C). No.20721 of
2023, for convenience, hereinafter.
23. Regarding the requirement of EC for mining of
ordinary earth, as per Clause 3 of EIA Notification 2006, all
projects or activities listed in the Schedule of the EIA
Notification 2006 are required to obtain Environmental
Clearance unless they fall in and of the activity or projects
enumerated in Appendix IX of EIA Notification 2006. As per
Ext.P1 Notification dated 28.03.2020, the Appendix IX of EIA
Notification 2006 was amended and the activity of
extraction/sourcing/borrowing of ordinary earth for linear
projects such as roads, pipeline, etc. were included in the
W.P.(C) No.3549/2023 & connected cases
Appendix.
24. Ext.P1 Notification dated 28.03.2020 was
challenged before the National Green Tribunal and the
Tribunal directed the MOEF & CC to reconsider Ext.P1.
Thereafter, the MOEF & CC issued Ext.P2 O.M. dated
08.12.2022.
25. Ext.P2 OM would indicate that the matter was
referred to the concerned Expert Appraisal Committee (EAC)
and the EAC after due deliberation, was of the opinion that if
such linear projects have obtained EC based on EIA studies
incorporating such sourcing of construction material or other
activities, necessary safeguards are already incorporated in
the EC appraisal process. However, if such sourcing of
materials is not considered in the EIA or such linear projects
does not attract provisions of EC, then such individual
activities will be subject to extant environmental regulations
as per EIA Notification 2006 as amended and/or applicable
environmental safeguards related directions issued by the
State Government / SPCB which need to be observed while
W.P.(C) No.3549/2023 & connected cases
sourcing construction materials.
26. The argument of the petitioners who oppose the
mining activities in question is that in view of Ext.P2 if the
linear project has obtained Environmental Clearance based
on EIA studies only after incorporating sourcing of such
construction materials and other activities, then alone
requirement of EC is exempted. If such sourcing of material
is not considered while issuing EC or if such linear project
does not attract the necessity of Environmental Clearance,
then such activity will be subject to the necessity of
Environmental Regulations. The source of such mineral is to
be clearly mentioned in the EC obtained for the project.
27. It is true that as per Ext.P2 OM dated 08.08.2022,
the EAC has opined that if linear project has obtained EC
based on EIA studies incorporating sourcing of construction
material, then a separate EC is not necessary and that if
such sourcing of material is not considered in the EIA or
such linear projects does not attract provisions of EC, then
such individual activities will be subject to Environmental
W.P.(C) No.3549/2023 & connected cases
Clearance. However, a closer reading of Ext.P2 would show
that though the EAC has given such an opinion, the MOEF &
CC, after examination by the Ministry in detail, decided that
exemption from EC provided as per Ext.P1 SRO.1224(F)
dated 28.03.2020 for extraction or sourcing or borrowing of
ordinary earth for linear projects such as roads, pipelines,
etc. shall be subject to SOP enclosed to Ext.P2 OM. Ext.P2
OM therefore would indicate that the Government of India,
MOEF & CC has dispensed with the requirement of EC for
sourcing of construction material or other activities for linear
projects and instead, imposed the condition of following the
prescribed SOP in respect of projects covered by Ext.P2.
28. The SOP attached to Ext.P2 has given clear
guidelines and general directions in the matter. The SOP
provides that environmental issues like siting borrow pit
locations, soil erosion aspects, accumulation of run off and
associated problems, disposal of debris by local community
in open borrow area, transport of borrow earths to
construction site, preservation of top soil of 15 m depth and
W.P.(C) No.3549/2023 & connected cases
reuse for plantation and reinstatement of borrow pits and
sites, shall be considered before selection of site.
29. The SOP would also state that for selection of the
site for the borrow area, agricultural land, cut material
available from other road construction projects, dredging
materials from dredging operations of ponds, lakes, rivers,
canals, material from barren land or land without tree cover
outside the road RoW and material from excavation of
proposed culverts can be considered. Highly productive top
soil shall be stored separately and used for plantation
activity.
30. The SOP further mandates that borrowing shall be
avoided on the lands close to toe line, irrigated agricultural
lands, grazing lands, land within settlements, one kilometre
from environmentally sensitive areas such as reserve forests,
protected forests, sanctuary, national parks, conservation
reserves, wetlands, etc., unstable and fragile side-hills,
streams and seepage areas and areas supporting rare plants
/ animal species. It should be ensured that unsuitable soft
W.P.(C) No.3549/2023 & connected cases
rock is not prominent within the proposed depth excavation
which will render rehabilitation difficult.
31. The SOP also makes provision for cutting open
small drains to facilitate drainage, back filling of borrow pits,
preservation of trees, allowing of natural vegetation growth,
etc. Therefore, it is evident that the MOEF & CC has
provided a comprehensive SOP for borrow area
identification, operation, safety and re-development, to
substitute requirement of comprehensive EC in respect of
linear projects like construction of roads and bridges.
32. Based on Ext.P1, the Government of Kerala
issued GO dated 10.08.2022 authorising the District
Geologist within the respective area of jurisdiction to issue
quarrying permit for extraction or sourcing or borrowing of
ordinary earth for linear projects. The GO clarified that such
extraction can be conducted with the previous permission of
the Geologist concerned, with proper study by the
Government Engineers who supervise the government work
and to excavate ordinary earth scientifically based on the
W.P.(C) No.3549/2023 & connected cases
recommendation of the Engineers.
33. In the light of Ext.P2 OM dated 08.12.2022, it has
to be held that the exemption from EC provided for works
relating to linear projects as per Ext.P1 SO dated 28.03.2020
shall be subject to SOP alone, enclosed to Ext.P2 OM.
Extraction of ordinary earth for work relating to linear projects
does not require a separate Environmental Clearance. The
argument of the petitioners in W.P.(C) Nos.3549/2023,
15258/2023 and 20721/2023 in that regard, is therefore only
to be rejected.
34. Having come to the conclusion that the activities
of extraction/sourcing/borrowing of ordinary earth for linear
projects included in Appendix IX of EIA Notification, 2006 as
per Ext.P1, need to follow only the SOP prescribed under
Ext.P2 O.M., let us consider the claims of the petitioners in
these writ petitions.
(1) W.P.(C) No.3549 of 2023
Apart from the absence of EC for the quarrying
activities of the 10th respondent, the petitioners would allege
W.P.(C) No.3549/2023 & connected cases
that the Panchayat has requested to the authorities to cancel
the permission granted to the 10 th respondent. The
petitioners would further point out that the Panchayat has
prohibited plying of heavy vehicles through certain roads as
transportation of quarried materials causes damage to roads.
35. The authorities whom the Panchayat has
approached to cancel the Quarrying Permit / other
permissions, have not passed any orders cancelling the
permission/s granted to the 10 th respondent. The existence
of a SC Colony nearby by itself cannot be a reason to
prohibit the activity of the 10 th respondent as long as the
activity is following the law of the land.
36. The petitioners would urge that the SOP should
precede the project and would point out that the Quarrying
Permit issued is already lapsed. I do not deem it necessary
to decide the issue at this stage as the 10 th respondent would
submit that they are ready to apply for fresh Quarrying Permit
following the SOP. In the said circumstances, it will be open
to the District Geologist to act in accordance with law.
W.P.(C) No.3549/2023 & connected cases
37. As regards prohibition allegedly imposed by the
Panchayat on plying of heavy vehicles, this Court has held in
the judgment in Jimmichan Mathew @ Tomy v. State of
Kerala [2022 (1) KLT 373] that the Grama Panchayats have
no power to regulate traffic through public roads, which
power is vested with the authorities under the Motor Vehicles
Act. In the afore circumstances, I find no merit in the writ
petition. W.P.(C) No.3549 of 2023 is therefore dismissed.
2. W.P.(C) No.11526 of 2023
In the light of the conclusions made in this
judgment as regards the applicability of Ext.P2 GO to the
activities of the petitioner, the petitioner-Company is entitled
to police protection to carry out their activities. Respondents
2 and 3 are therefore directed to grant adequate protection to
the petitioner for removing red earth from the 0.9858
hectares of land in accordance with the mining plan and
permit issued by the Mining and Geology Department, from
the threats of the 5th respondent and persons claiming under
him. W.P.(C) No.11526 of 2023 is ordered accordingly.
W.P.(C) No.3549/2023 & connected cases
3. W.P.(C) No.15258 of 2023
The writ petition is filed by Thrikkur Grama
Panchayat seeking to set aside Ext.P1 Quarrying Permit
issued for excavation of ordinary earth for the project of
National Highway. As I have already held that an EC is not
required as the activity is for a linear project, Ext.P1
Quarrying Permit cannot be set aside for want of EC. If the
Panchayat has a case that the area has water scarcity and
that the mining is polluting Ayyancode Pond, the Panchayat
is at liberty to take up the issue before the Geologist, for
strict implementation of the SOP prescribed in Ext.P2 OM.
With the said observation, W.P.(C) No.15258 of 2023 is
dismissed.
4. W.P.(C) No.20721 of 2023
The petitioners would urge that in W.A. No.487 of
2009 this Court had directed to obtain a report from CESS
before permitting mining activity in the area. The said
judgment will not be of any assistance to the petitioners as
the mining is now governed by Ext.P2 OM dated 08.08.2022.
W.P.(C) No.3549/2023 & connected cases
In the light of my finding on the non-requirement of EC and
applicability of SOP, W.P.(C) No.20721 of 2023 is only to be
dismissed and it is ordered accordingly.
Sd/-
N. NAGARESH, JUDGE
aks/12.10.2023
W.P.(C) No.3549/2023 & connected cases
APPENDIX OF WP(C) 3549/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DECISION NO. 1/3 DT.
4-11-2022 OF THE PANCHAYAT, OBTAINED
UNDER THE RTI ACT.
Exhibit P2 TRUE COPY OF THE QUARRYING PERMIT NO.
01/22-23/MM/QP/OE/DOE/2539/E2/2022
DATED 7-11-2022 OBTAINED BY THE 10TH
RESPONDENT FROM THE 4TH RESPONDENT
GEOLOGIST, OBTAINED UNDER THE RTI ACT.
Exhibit P2(a) TRUE COPY OF THE LETTER BY 10TH
RESPONDENT TO THE 3RD RESPONDENT DT.
18-11-2022, OBTAINED UNDER THE RTI
ACT.
Exhibit P3 TRUE COPY OF THE DECISION NO. 16(1)
DT. 14-12-2022 OF THE MANEED
PANCHAYAT, OBTAINED UNDER THE RTI ACT.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES BOOK SHOWING DECISION DT. 24-
12-2022 OF THE GRAMA SABHA OF WARD NO.
1 IN MANEED PANCHAYAT, OBTAINED UNDER
THE RTI ACT.
Exhibit P5 TRUE COPY OF THE ORDER NO. SC I-
4873/2022 DATED 31-12-2022 OF 2ND
RESPONDENT PANCHAYAT, OBTAINED UNDER
THE RTI ACT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 31-12-
2022 OF 3RD RESPONDENT TO THE 9TH
RESPONDENT, OBTAINED UNDER THE RTI
ACT.
Exhibit P7 TRUE COPY OF THE JUDGMENT DT. 16-1-
2023 IN WP(C).NO. 1393 OF 2023,
OBTAINED UNDER THE RTI ACT.
Exhibit P8 TRUE COPY OF THE LETTER DT. 16-1-2023
BY 3RD RESPONDENT TO THE 9TH
RESPONDENT, OBTAINED UNDER THE RTI
ACT.
W.P.(C) No.3549/2023 & connected cases
Exhibit P9 TRUE COPY OF THE DECISION NO. 4(1) DT.
19-1-2023 OF THE PANCHAYAT, OBTAINED
UNDER THE RTI ACT.
Exhibit P10 TRUE COPY OF THE DECISION NO. 1 DT.
23-1-2023 OF THE PANCHAYAT, OBTAINED
UNDER THE RTI ACT.
Exhibit P11 TRUE COPY OF THE TOPOGRAPHICAL MAP OF
THEKKUMALA IN WARD NO. 1 OF MANEED
GRAMA PANCHAYAT WAS PREPARED BY A
REGISTERED ENGINEER 'B', OBTAINED
UNDER THE RTI ACT.
Exhibit P12 TRUE COPY OF THE REPRESENTATION BY
PETITIONERS 2, 4 AND OTHERS
Exhibit P12(a) TRUE COPY OF THE RECEIPT DT. 23-1-2023
ISSUED BY THE OFFICE OF 7TH
RESPONDENT.
Exhibit P12(b) TRUE COPY OF THE POSTAL RECEIPT DT.
25-1-2023 ADDRESSED TO THE 6TH
RESPONDENT COMMISSION.
Exhibit P13 TRUE COPY OF THE STOP MEMO NO. SC I-
3421/21 DT. 31-1-2023.
RESPONDENT'S EXHIBITS
Exhibit R-10(A) True copy of the SO 1224 (E) dated
28.03.2020 issued by the Ministry of
Environment, Forest and Climate Change
Exhibit R-10(B) True copy of the award of work issued
by the National Highway Authority to
this respondent dated 28.12.2021
Exhibit R-10(C) True copy of the request dated
30.9.2022 submitted by National
Highways Authority of India along with
the undertaking before the District
Geologist, Ernakulam
Exhibit R-10(D) True copy of the police protection
order dated 29.11.2022 issued by the
District Collector/District
Magistrate, Ernakulam to the District
Police Chief
Exhibit R-10(E) True copy of the interim order of this
honourable court dated 13.12.2022 in
WPC No.40305 of 2022
W.P.(C) No.3549/2023 & connected cases
Exhibit R-10(F) True copy of the interim order of this
honourable court dated 31.01.2023 in
W.P (C). No. 3250 of 2023
Annexure R1(a) A true copy of the SO 1224(E), dated
28.03.2020
Annexure R1(b) A true copy of the OM, dated 8.12.2022
W.P.(C) No.3549/2023 & connected cases
APPENDIX OF WP(C) 11526/2023
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE WORK ORDER ISSUED BY M/S
VISHWA SAMUDRA ENGINEERING PVT LTD TO
PETITIONER DATED 16/9/22
Exhibit P2 COPY OF THE RELEVANT PAGES OF THE
APPLICATION GIVEN BY PRASHANATHA
KUMARI TO THE DISTRICT GEOLOGIST FOR
QUARRYING PERMIT DATED 4/1/23
Exhibit P3 COPY OF THE LETTER ISSUED BY THE SEW
INFRASTRUCTURE TO THE DISTRICT
GEOLOGIST DATED 25/1/23
Exhibit P4 COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT TO PRASANTHA KUMARI DATED
13/3/23
Exhibit P5 COPY OF THE COMPLAINT FILED BEFORE THE
3RD RESPONDENT DATED 28/3/23
Exhibit P5 COPY OF QUARRYING PERMIT DT. 8.5.2023.
RESPONDENT'S EXHIBITS
Exhibit R5(a) True copy of the resolution dated
4.11.2022
Exhibit R5(b) True copy of the letter number C.8-
14015/2022 Dated 17.1.2023 from the
Tahsildar
W.P.(C) No.3549/2023 & connected cases
APPENDIX OF WP(C) 15258/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT
DATED 12.04.2023 ISSUED TO THE SIXTH
RESPONDENT BY THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE DECISION OF THRIKKUR
GRAMA PANCHAYATH DATED 06/03/2023
ACCEPTING THE TENDER FOR THE WORK OF
RENOVATION OF POND
Exhibit P3 TRUE COPY OF THE RESOLUTION OF
PANCHAYATH STEERING COMMITTEE OF
THRIKKUR GRAMA PANCHAYATH DATED
20.04.2023
Exhibit P4 TRUE COPY OF THE G.O. NO. SO1224E
DATED 28.03.2020 ISSUED BY THE
MINISTRY OF ENVIRONMENT FOREST AND
CLIMATE CHANGE
Exhibit P5 TRUE COPY OF THE OM DATED 08.08.2022
ISSUED BY THE MINISTRY OF ENVIRONMENT
FORREST AND CLIMATE CHANGE
Exhibit P6 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 1.2.2023 IN WPC
NO.3549 OF 2023
Exhibit P7 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 09.03.2023 IN
WPC NO.3549 OF 2023
RESPONDENT'S EXHIBITS
Exhibit R6(a) The photographs showing the pond
Exhibit R6(a) (1) True copy of the survey sketch
prepared for the purpose of mining
permit
Exhibit R6(b) True copy of the Non-Assignment
Certificate bearing No.1335/2022 dated
11/11/2022, issued by the Village
Officer, Kallur Village
W.P.(C) No.3549/2023 & connected cases
Exhibit R6 ( c) True copy of the report prepared by
the competent person along with
covering letter bearing No.
SCCPL/2022-23/KL1258 and KL1420/345
dated 11/3/2023
Exhibit R6(e) True copy of the Letter issued by the
District Geologist dated 3/4/2023
approving the Mining Plan
Exhibit R6(d ) True copy of the communication bearing
No. 11015 and 11061/21/KAP THA-
KOD/2022/NH-544/400 dated 20/3/2023
PETITIONER'S EXHIBIT
Exhibit-P8 True copy of the statement submitted
by the 2nd respondent in WP(C) No.
3549 of 2023 without exhibits
W.P.(C) No.3549/2023 & connected cases
APPENDIX OF WP(C) 15258/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT
DATED 12.04.2023 ISSUED TO THE SIXTH
RESPONDENT BY THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE DECISION OF THRIKKUR
GRAMA PANCHAYATH DATED 06/03/2023
ACCEPTING THE TENDER FOR THE WORK OF
RENOVATION OF POND
Exhibit P3 TRUE COPY OF THE RESOLUTION OF
PANCHAYATH STEERING COMMITTEE OF
THRIKKUR GRAMA PANCHAYATH DATED
20.04.2023
Exhibit P4 TRUE COPY OF THE G.O. NO. SO1224E
DATED 28.03.2020 ISSUED BY THE
MINISTRY OF ENVIRONMENT FOREST AND
CLIMATE CHANGE
Exhibit P5 TRUE COPY OF THE OM DATED 08.08.2022
ISSUED BY THE MINISTRY OF ENVIRONMENT
FORREST AND CLIMATE CHANGE
Exhibit P6 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 1.2.2023 IN WPC
NO.3549 OF 2023
Exhibit P7 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 09.03.2023 IN
WPC NO.3549 OF 2023
RESPONDENT'S EXHIBITS
Exhibit R6(a) The photographs showing the pond
Exhibit R6(a) (1) True copy of the survey sketch
prepared for the purpose of mining
permit
Exhibit R6(b) True copy of the Non-Assignment
Certificate bearing No.1335/2022 dated
11/11/2022, issued by the Village
Officer, Kallur Village
W.P.(C) No.3549/2023 & connected cases
Exhibit R6 ( c) True copy of the report prepared by
the competent person along with
covering letter bearing No.
SCCPL/2022-23/KL1258 and KL1420/345
dated 11/3/2023
Exhibit R6(e) True copy of the Letter issued by the
District Geologist dated 3/4/2023
approving the Mining Plan
Exhibit R6(d ) True copy of the communication bearing
No. 11015 and 11061/21/KAP THA-
KOD/2022/NH-544/400 dated 20/3/2023
PETITIONER'S EXHIBITS
Exhibit-P8 True copy of the statement submitted
by the 2nd respondent in WP(C) No.
3549 of 2023 without exhibits
W.P.(C) No.3549/2023 & connected cases
APPENDIX OF WP(C) 20721/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF SO.NO.1224(E) DATED
28.03.2020
Exhibit P2 TRUE COPY OF THE CLARIFICATION ISSUED
BY THE MINISTRY OF ENVIRONMENT, FOREST
AND CLIMATE CHANGE DATED 08.12.2022
Exhibit P3 TRUE COPY OF THE STATEMENT FILED BY
THE STATEMENT IN WP(C).NO.3549/2023
FILED BY THE 1ST RESPONDENT IN SAID
WRIT PETITION WITHOUT EXHIBITS
Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN
WP(C).NO.15258/2023 DATED 05.05.2023
Exhibit P5 TRUE COPY OF THE INTERIM ORDER IN
WP(C).NO. 3549/2023 ORDER DATED
09.03.2023
Exhibit P6 TRUE COPY OF THE LETTER DATED
23.02.2023 ISSUED TO THE PROJECT
DIRECTOR, NHAI, THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF THE LETTER DATED
02.03.2023 ISSUED BY THE PROJECT
DIRECTOR TO THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT IN
WA.NO.487/2009 DATED 13.01.2012
Exhibit P9 TRUE COPY OF LETTER DATED 13.03.2023
OF THE SR.GEOLOGIST, DEPARTMENT OF
MINING AND GEOLOGY
Exhibit P10 TRUE COPY OF RESOLUTION DATED
04.11.2022 OF PALAMEL PANCHAYATH
RESPONDENT'S EXHIBITS
Exhibit R7(a) True copy of the Letter of Intent
issued by the Geologist, Alappuzha to
the 7th respondent dated 15.02.2023
W.P.(C) No.3549/2023 & connected cases
Exhibit R7(b) True copy of the relevant pages of the
mining plan approved by the Geologist,
Alappuzha on 10.03.2023
Exhibit R7(c) True copy of the quarrying permit
dated 08.05.2023 issued by the 2nd
respondent to the 7th respondent
Exhibit R7(d) true copy of the G.,O(P) No. 14/2022
ID dated 10.08.2022 issued by the
Government of Kerala, Industries (A)
Department
Exhibit R7(e) True copy of the Circular dated
14.09.2022 issued by the Director
Mining and Geology to all District
Geologists
PETITIONER'S EXHIBITS
Exhibit P11 True copy of unanimous resolution of
the Palamel Gramapanchayath dated
20.06.2023
Exhibit P13 True copy order in OA 190/2020 of
National Green Tribunal dated
28.10.2020
Exhibit P14 True copy of the order of the National
Green Tribunal Pune Bench in
OA.No.36/2021 dated 03.02.2022
Exhibit P15 True copy of order of National Green
Tribunal Special bench in OA 68/2020
dated 31.5.2022
Exhibit P16 True copy of the government order
GO(P) No. 14/2022/ID dated 10.08.2022
Exhibit P12 True copy of the order of the National
Green Tribunal Principal bench in
E.A.55/2018 in O.A.520/2016 dated
11.12.2018
Exhibit P17 True copy of the order of the
Honourable Supreme Court of Indian in
Civil Appeal No.(s) 1628,1629/2021
dated 10.08.2023
Exhibit P18 TRUE COPY OF RELEVANT PAGES OF THE
REPORT SUBMITTED BY CENTRE FOR EARTH
SCIENCE STUDIES, THIRUVANANTHAPURAM
BEFORE THIS HON'BLE COURT
W.P.(C) No.3549/2023 & connected cases
Exhibit P19 TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED ON 01.05.2010 IN MALAYALA
MANORAMA DAILY
Exhibit P20 TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED ON 21.7.2010 IN HINDU DAILY
Exhibit P21 TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED ON 06.05.2010 IN HINDU DAILY
