Kerala High Court
M/S.Gayathri Rock Product vs The District Geologist on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38432/2024 1/4 Order Date : 01-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 1st day of November 2024 / 10th Karthika, 1946
WP(C) NO. 38432 OF 2024
PETITIONER:
M/S.GAYATHRI ROCK PRODUCT THOTTUMPALLA, PAZHAMBALAKKODE P.O.,
PALAKKAD -678544 REPRESENTED BY ITS MANAGING PARTNER P.P
VINCENT,S/O. PAPPU AGED 50 YEARS, PAYYAPPALLY HOUSE KALADY P.O.,
ERNAKULAM , PIN - 683574
RESPONDENTS:
1. THE DISTRICT GEOLOGIST OFFICE OF THE DISTRICT GEOLOGISTS MINING &
GEOLOGY DEPARTMENT PALAKKAD , PIN - 678001
2. THE DIRECTOR MINING & GEOLOGY DEPARTMENT DIRECTORATE ,
KESAVADASAPURAM ,PATTOM PALACE P.O. THIRUVANANTHAPURAM, PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY INDUSTRIES DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) REPRESENTED
BY ITS MEMBER SECRETARY 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
5. MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTO, PIN -
110993
6. KERALA STATE POLLUTION CONTROL BOARD PALAKKAD DISTRICT OFFICE,
KENATHUPARAMBU KUNATHURNEDU PALAKKAD REPRESENTED BY ITS
ENVIRONMENTAL ENGINEER, PIN - 678001
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 1)stay the operation of ext. p12 to the extent it directs that,
the mining by the quarry operators who have been granted environmental
clearance by deiaa shall not be allowed to operate, if no
appraisal/reappraisal is made by seiaa within 3 months from the date of
ext. p12 judgment. 2) stay the operation of ext. p13 to the extent it
states that, the inability to reappraise clearances by the seiaa would
lead to such mining leases being not allowed to operate as the
environmental clearances in such cases to be considered as illegal. 3)
respondents 1 and 2 to issue movement permits and transit passes to the
petitioner and also permit the petitioner to access the kompas, without
insisting for any reappraisal of the environmental clearance,
provisionally, pending disposal of the above writ petition, forthwith. 4)
direct the 6th respondent to renew consent to operate for the period
applied for, provisionally, without insisting for any reappraisal of
environmental clearance as a condition precedent, pending disposal of the
above writ petition, forthwith;
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. K.J.MANU RAJ & K.VINAYA Advocates for the petitioner, the court
WP(C) No.38432/2024 2/4 Order Date : 01-11-2024
passed the following:
WP(C) No.38432/2024 3/4 Order Date : 01-11-2024
DR.KAUSER EDAPPAGATH, J.
------------------------------------------
W.P.(C) Nos.38236, 38333, 38335,
38380 & 38432 of 2024
-------------------------------------------
Dated this the 1st day of November, 2024
ORDER
Heard.
In view of the order passed on 14.10.2024 by the
Ministry of Environment, Forest and Climate Change, all the
statutory authorities shall treat the Environmental Clearance
issued by DEIAAs between 15.01.2016 and 12.12.2018 as valid
till 7.11.2024, 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 formalities.
Post on 04.11.2024 along with W.P.(C) No.38528/2024
and connected cases.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) No.38432/2024 4/4 Order Date : 01-11-2024
APPENDIX OF WP(C) 38432/2024
Exhibit P 1 TRUE COPY OF RELEVANT PAGES ENVIRONMENTAL CLEARANCE
ISSUED BY DEIAA DATED 29.7.2017
Exhibit P 2 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 19.9.2024
Exhibit P 3 A TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE 1ST
RESPONDENT DATED 25.9.2024
Exhibit P 4 TRUE COPY OF THE LICENCE ISSUED BY THE TARUR GRAMA
PANCHAYAT DATED 24.9.2024
Exhibit P 5 TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED,
18/01/2021,
Exhibit P 6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P 7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP [C ] NO 30027 OF 2024 DATED 23.8.2024
Exhibit P 8 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P 9 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.Α.Νο. 142/2022 IN
JAYANTH KUMAR V. MOEF & CC
Exhibit P 10 TRUE COPY OF THE SOP DATED 15.1.2024 ISSUED BY THE MOEF
Exhibit P 11 TRUE COPY OF THE O.M. DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF OM DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P 12 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P 13 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P 14 A TRUE COPY OF THE INTERIM ORDER DATED 24.10.2024 IN WP
[C ] 36597 OF 2024
