Kerala High Court
M/S New Pannipara Brick & Metals vs The Geologist on 6 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38838/2024 1/4 Order Date : 06-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 6th day of November 2024 / 15th Karthika, 1946
WP(C) NO. 38838 OF 2024
PETITIONER:
M/S NEW PANNIPARA BRICK & METALS PANNIPARA P.O, EDAVANNA,
MALAPPURAM, REPRESENTED BY ITS MANAGING PARTNER MOIDEEN KOYA K.V,
PIN - 673603
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY,
PALAKKAD, PIN - 678014
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P O, TRIVANDRUM, PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
SECRETARIATE , THIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANTHAPURAM, PIN - 695001
5. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTOR., PIN -
110993
6. ENVIRONMENTAL ENGINEER MALAPPURAM DISTRICT, POLLUTION CONTROL BOARD,
PALAKKAD - KOZHIKODE HWY, UP HILL, MALAPPURAM, KERALA, PIN - 676505
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 direct:- 1) Stay the operation of Ext.P15 to the extent it
directs that, the mining by lease holders 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.P15; 2) Stay the operation of Ext.P17 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 4) Respondent 6 to extend/ renew the validity
of Exhibit P4 consent provisionally, pending disposal of the above Writ
Petition, forthwith. 5) Respondent 4 to grant revalidation of the
petitioner's project based on P18, P20 and P21.
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. PHILIP J.VETTICKATTU NEENU BERNATH & SAJU S. DOMINIC, Advocates for
the petitioner, the court passed the following:
WP(C) No.38838/2024 2/4 Order Date : 06-11-2024
DR.KAUSER EDAPPAGATH, J.
------------------------------------------
W.P.(C) Nos. 38838, 38863 and 39078 of 2024
-------------------------------------------
Dated this the 6th 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 07/11/2024 along with W.P.(C) No.38236/2024.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
APA
WP(C) No.38838/2024 3/4 Order Date : 06-11-2024
APPENDIX OF WP(C) 38838/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
DATED 12.04.2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE GRANTED BY DEIAA VIDE EC NO.
DEIAA/MAL/EC/003/2017 DATED 18.11.2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES VALID FROM 12/01/2022 TO 31/03/2027
Exhibit P4 TRUE COPY OF THE CONSENT VARIATION ORDER BEARING NO.
KSPCB/MA/ICO/10066622/VAR/2024 DATED 02/05/2024 WHICH
IS VALID UPTO 27/10/2024
Exhibit P5 TRUE COPY OF THE PAYMENT RECEIPT DATED 16/06/2023
ISSUED BY THE OFFICE OF THE 6 TH RESPONDENT
Exhibit P6 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY,
EDAVANNA GRAMA PANCHAYAT DATED 08/04/2022 VALID FROM
01/04/2022 TO 31/03/2027
Exhibit P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
Exhibit P8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.5680/2023 DATED 08/03/2023
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7- 12-2022 IN O.A.NO.142/2022 IN
JAYANTH KUMAR V. MOEF & CC
Exhibit Pll(a) TRUE COPY OF THE INTERIM ORDER DATED 13.11.2023 PASSED
BY THIS HON. COURT IN W.P (C) NO. 35896/2023
Exhibit P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
Exhibit P13(a) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.14606/2024 DATED 09/04/2024
Exhibit P14 TRUE COPY OF THE MOVEMENT PERMIT DATED 26/09/2024, FOR
A PERIOD UPTO 26/10/2024
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
Exhibit P17 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14-10-2024
ISSUED BY THE MOEF
Exhibit P18 TRUE PHOTOCOPY OF THE APPRAISAL OF REVALIDATION
PROJECTS ON FILE NO. 1670/EC6/2021/SEIAA DATED
03.10.2022
Exhibit P19 TRUE PHOTOCOPY OF THE COMMUNICATION NO.
1670/EC6/2021/SEIAA DATED 16.01.2023 ISSUED BY THE
ADMINISTRATOR OF THE 4TH RESPONDENT
Exhibit P20 TRUE PHOTOCOPY OF THE INSPECTION REPORT ON COMPLIANCE
PREPARED BY DR. MURALI KRISHNA ALONG WITH A LETTER OF
THE MOEF DATED 03-04-2023 TO THE MEMBER SECRETARY OF
THE SEIAA, KERALA
WP(C) No.38838/2024 4/4 Order Date : 06-11-2024
Exhibit P21 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE APPROVED
SCHEME OF MINING FROM THE DEPARTMENT OF MINING AND
GEOLOGY
