M/S Akkavila Sajeenan Aggregators Pvt ... vs Union Of India
2024 Latest Caselaw 13191 Ker

Citation : 2024 Latest Caselaw 13191 Ker
Judgement Date : 23 May, 2024

Kerala High Court

M/S Akkavila Sajeenan Aggregators Pvt ... vs Union Of India on 23 May, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     THURSDAY, THE 23RD DAY OF MAY 2024/2ND JYAISHTA, 1946
                    WP(C) NO.17919 OF 2024
PETITIONERS:

          M/S.AKKAVILA SAJEENAN AGGREGATORS PVT LTD,
          REPRESENTED BY ITS MANAGING PARTNER,
          L.SAIJU, AGED 57, S/O.LEKSHMANAN, AKKAVILA HOUSE,
          ERAVIPURAM P.O, KOLLAM DISTRICT,
          KERALA, PIN - 691011.

          BY ADVS.
          AMITH KRISHNAN H.
          GOWRI DEV
          P.DEVIKRISHNA
          B.G.HARINDRANATH (SR.)
RESPONDENTS:

    1     UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
          MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
          INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,
          NEW DELHI, PIN - 110993.

    2     STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
          DEPARTMENT OF ENVIRONMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    3     THE DISTRICT GEOLOGIST,
          DISTRICT GEOLOGY AND MINING DEPARTMENT,
          CIVIL STATION, KOLLAM, PIN - 691013.

    4     THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
          KAANKATHU MUKK, KOLLAM, PIN - 691013.

    5     THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
          REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
          KSRTC BUS TERMINAL COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695001.

          BY ADVS. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
                   SRI.M.P.SREEKRISHNAN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.17919 of 2024
                                   - 2 -

                               JUDGMENT

Dated, this the 23rd May, 2024

Having heard the learned counsel appearing for the

respective parties, it is noticed that as per

clause no.4 of Ext.P11, all the Environmental

Clearance proposals has to be uploaded by the DEIAA

on the PARIVESH portal, so as to enable

consideration by SEIAA.

2. Learned Government Pleader, who is appearing on

behalf of the 4th respondent/District Collector would

submit that uploading, as contemplated in Ext.P11,

is in progress. The predicament of the petitioner is

that he is not in a position to get his E.C.

scrutinised by SEIAA in terms of the judgment of the

National Green Tribunal, for want of the same being

uploaded in the PARIVESH portal.

3. In the circumstances, there will be a direction

to the 4th respondent/District Collector to comply

- 3 -

with Ext.P11, especially clause no.4 therein, that

is to say, to upload expeditiously all the pending

E.C. proposals to the PARIVESH portal, so as to

enable further consideration/reappraisal of the same

by SEIAA, at any rate, within a period of two months

from today. It is further directed that Ext.P1 E.C.

of the petitioner shall necessarily be uploaded to

the PARIVESH portal as early as possible, at any

rate, within a period of one month from today

(23.05.2024). Once it is uploaded, SEIAA is also

directed to take a decision in the Environmental

Clearance insofar as the petitioner is concerned,

within a period of one month from the date of such

uploading.

This Writ Petition is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww

- 4 -

APPENDIX OF WP(C) 17919/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE BY THE DEIAA DATED 24.09.2018.

EXHIBIT P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 28.12.2018.