Kerala High Court
M/S. Edayan Aggregates Pvt.Ltd vs State Environment Impact Assessment ... 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. 6591 OF 2024
PETITIONER:
1 M/S. EDAYAN AGGREGATES PVT.LTD
PERIYAPURAM P.O, PAMPAKUDA, ERNAKULAM - 686667
REPRESENTED BY ITS MANAGING DIRECTOR V.C MATHEW,
S/O. CHERIYAN, RESIDING AT VALADIYIL, RAMAMANGALAM,
MAMALASSERY P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 686663
BY ADV K.J.MANU RAJ
RESPONDENTS:
1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
KERALA, K.S.R.T C.BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANATHAPURAM, PIN - 695001
REPRESENTED BY ITS MEMBER SECRETARY
2 DISTRICT GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST, ERNAKULAM DEPARTMENT OF
MINING AND GEOLOGY CIVIL STATION KAKKANAD
ERNAKULAM, PIN - 682030
3 KERALA STATE POLLUTION CONTROL BOARD
ERNAKULAM DISTRICT OFFICE-II, NEAR KALLUNGAL AUDITORIUM
PERUMBAVOOR, ERNAKULAM, PIN - 683545
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER
4 UNION OF INDIA
MINISTRY OF ENVIRONMENT , FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAVAN, NEW DELHI, PIN - 110993
REPRESENTED BY ITS DIRECTOR
BY ADVS.
SRI.AJITH VISWANATHAN, GP
SRI.T.NAVEEN, SC
SRI.M.P.SREEKRISHNAN, SC
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.6591 of 2024
2
C.JAYACHANDRAN, J.
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W.P.(C.) No.6591 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The issue involved in this Writ Petition is only with
respect to the extension of the validity period of Ext.P3
Environmental Clearance, in the light of Ext.P7
notification. Due to the spread of Covid pandemic, the
period from 01.04.2020 to 31.03.2021 is not liable to
be reckoned. In other words, the period of
Environmental Clearance is liable to be extended for the
said period, adversely affected by the Covid SARS virus.
2. This Court, by interim order dated
21.02.2024, directed the 3rd respondent to consider and
pass orders on Ext.P10 application seeking to treat the
Environmental Clearance as valid till 13.02.2025, in the
light of Ext.P7 notification. There was a further direction
to the 2nd respondent to consider the application for
issuance of transit pass treating the Environmental
Clearance as valid till 13.02.2025. Both these
applications were allowed, is the submission made by
the learned counsel of the petitioner.
In the circumstances, nothing survives in this Writ
Petition and the same will therefore stand closed.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/23-05
APPENDIX OF WP(C) 6591/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF
ADDITIONAL DIRECTOR OF MINING AND GEOLOGY,
THIRUVANANTHAPURAM DATED 11.2.2019 ISSUED TO THE
PETITIONER NO.763/2018-19/9454/M3/2018/DMG
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING
LEASE DATED 13.2.2019 ISSUED TO THE PETITIONER
EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES ENVIRONMENTAL
CLEARANCE NO.927/SEIAA/EC3/3893/2015ISSUED TO THE
PETITIONER BY THE STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY, KERALA DATED 22.12.2017
EXHIBIT P4 A TRUE COPY OF THE G.O.[MS] NO.1257/2023/ ID DATED
14.12.2023 ISSUED BY THE GOVERNMENT OF KERALA
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF
MINING WITH PROGRESSIVE MINE CLOSURE PLAN APPROVED BY
THE 2ND RESPONDENT HEREIN DATED 15.2.2024
EXHIBIT P5[A] A TRUE COPY OF THE COMMUNICATION APPROVING THE SCHEME
OF MINING DATED 15.2.2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES LICENCE NO.
E/SE/KL/22/347(E140506 ) ISSUED BY THE PETROLEUM AND
EXPLOSIVES SAFETY ORGANIZATION DATED 25.9.2023
EXHIBIT P7 TRUE COPY NOTIFICATION OF SO.221 (E) DATED 18.01.2021
OF MINISTRY OF ENVIRONMENT AND FOREST
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT IN WP(C) 8564 OF 2023 DATED
13.3.2023
EXHIBIT P9 A TRUE COPY OF THE INTERIM ORDER IN WP[C ] 26690 OF
2023 DATED 24.8.2023
EXHIBIT P10 A TRUE COPY OF THE APPLICATION FOR RENEWAL FOR CONSENT
TO OPERATE SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
EXHIBIT P11 A TRUE COPY OF THE RELEVANT PAGES CONSENT TO OPERATE
ISSUED BY THE 3RD RESPONDENT DATED 13.12.2022
EXHIBIT P12 A TRUE COPY OF THE NOTIFICATION DATED 12.4.2022 OF THE
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
