Sri.M.K.Biju vs State Level Environment Impact ...
2024 Latest Caselaw 9181 Ker

Kerala High Court

Sri.M.K.Biju vs State Level Environment Impact ... on 3 April, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                      WP(C) NO. 12758 OF 2024
PETITIONER:

           SRI.M.K.BIJU
           AGED 49 YEARS
           PROPRIETOR, KARTHIKA GRANITE QUARRY, P.O.,
           KADAKKAL, KOLLAM, PIN - 691536
           BY ADVS.
           PHILIP J.VETTICKATTU
           NEENU BERNATH
           SAJU S. DOMINIC


RESPONDENTS:

     1       STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT
             AUTHORITY (SEIAA KERALA)
             REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR,
             KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM,
             PIN - 695001
     2       STATE LEVEL EXPERT APPRAISAL COMMITTEE,
             REPRESENTED BY ITS CHAIRMAN, 4 TH FLOOR, KSRTC BUS
             TERMINAL COMPLEX, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:

             SC- M.P.SREEKRISHNAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.12758 of 2024      :2:



                          VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.12758 of 2024
         --     -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 3rd day of April, 2024

                             JUDGMENT

The petitioner has approached this Court essentially seeking

a direction to the 2nd respondent to finalise the appraisal submitted

by the petitioner for environmental clearance.

2. The specific grievance raised by the petitioner is regarding

the direction No.6 in Ext.P7 wherein the petitioner was directed to

submit a plan for maintaining buffer zone of 50 metres between the

project boundary and the crusher and other buildings near to the

proposed site. The petitioner submits that he has preferred Ext.P8

reply to the said direction before the 2nd respondent. It is also

submitted that the issue is covered in his favour by Exts.P9 to

P11(a) judgments and the petitioner also relies on Exts.P12 to P14

orders wherein environment clearance has been granted in respect

of similarly situated units. The petitioner also relies on Rule 40(1)

(i) of the Kerala Minor Mineral Concession Rules, which mandates

about the distance criteria and submits that the rule does not

provide for any distance criteria from an existing crusher unit and

the building in existence is only a crusher office and store attached

to the crusher and not a residential building and that along with

Ext.P8, an affidavit has also been submitted by him undertaking the

above said aspect.

Ext.P8 is now pending consideration before the 2 nd

respondent and it is for the 2 nd respondent to finalise the

proceedings, in accordance with law. Therefore, the above writ

petition is disposed of with a direction to the 2 nd respondent to

finalise the proceedings pursuant to Ext.P7, taking into

consideration Ext.P8 submitted by the petitioner and after

affording an opportunity of being heard to the petitioner. It is

made clear that it is for the 2nd respondent to independently

consider the issue, in accordance with law.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 12758/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE COMPETENT AUTHORITY DATED 12-1-

Exhibit P2 TRUE COPY OF COMMUNICATION DATED 9-10- 2023 ISSUED BY THE COMPETENT AUTHORITY APPROVING THE MINING PLAN Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF MINING PLAN DATED 9-10-2023 WITH RESPECT TO THE QUARRY PROJECT Exhibit P4 TRUE COPY OF THE APPLICATION FORM DOWNLOADED FROM THE OFFICIAL WEB SITE OF THE RESPONDENT VIZ. PARIVESH, SANS THE DOCUMENTS Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF 152 ND MEETING WHICH HELD ON 31- 10-2023 AND 1- 11-2023 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF 156 TH MEETING OF 2 ND RESPONDENT WHICH HELD ON 5 TH AND 6 TH JANUARY, 2024 Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE 159 TH MEETING OF 2 ND RESPONDENT WHICH HELD ON 19 TH , 20 TH AND 21 ST OF FEBRUARY, 2024 Exhibit P7(a) TRUE COPY OF THE RELEVANT PAGES OF PREVIOUS ENVIRONMENTAL CLEARANCE BEARING NO.638/SEIAA/KL/4909/2014, DATED 30-11-

Exhibit P8 TRUE COPY OF THE ADS DATED 20-03-2024 SUBMITTED BY THE PETITIONER Exhibit P9 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.38004/2022, DATED 22-3-2023 Exhibit P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.14020/2023, DATED 26-7-2023 Exhibit P11 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.25388/2023, DATED 3-8-2023

Exhibit P11(a) TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN R.P. NO.962/2023, DATED 21-9-2023 Exhibit P12 TRUE COPY OF RELEVANT PAGES OF EC ISSUED TO ONE MR.HARIS C, CHEEPILANGODE HOUSE, VELIMANA, KOZHIKODE BEARING FILE NO.1285/EC2/2019/SEIAA DATED 20-07-2022 Exhibit P13 TRUE COPY OF RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE ISSUED TO ONE MR.SUDHEESH A.T., ADAKKATHOTTATHIL HOUSE, KUMBLERI, WAYANAD, BEARING NO.49/Q/2022 DATED 19-07-2022 Exhibit P14 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 DATED 30-07-2021