Kerala High Court
Aljouf Granite Metals vs The Director on 6 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38863/2024 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. 38863 OF 2024
PETITIONER:
ALJOUF GRANITE METALS AGED 52 YEARS VEZHAKKODE, POOVATHIKKAL P.O.,
MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, ASHRAF
P.T., SON OF MUHAMMED, THENJERI HOUSE, POOVATHIKKAL P.O.,
URANGATTIRI VILLAGE, ERANADTALUK, MALAPPURAM DISTRICT., PIN - 673639
RESPONDENTS:
1. THE DIRECTOR DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT,
PIN - 676517
2. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN - 676517
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT
SECRETARIAT , THIRUVANANTHAPURAM, PIN - 695001
4. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX,THIRUVANTHAPURAM, PIN - 695001
5. THE ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, MALAPPURAM, PIN - 676505
6. MINISTRY OF ENVIRONMENTFOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN -
110993
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 exhibit p24 judgment 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
exhibit p24 judgment. 2. stay operation of exhibit p25 o.m. issued by the
sixth respondent till the disposal of above writ petition. 3. direct the
fifth respondent to renew consent to operate and issue consent variation
order to the petitioner without insisting for any reappraisal of
environmental clearance as a condition precedent 4. direct the 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.
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. P.M.ZIRAJ & IRFAN ZIRAJ, Advocates for the petitioner, the court
passed the following:
WP(C) No.38863/2024 2/4 Order Date : 06-11-2024
DR.KAUSER EDAPPAGATH, J.
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W.P.(C) Nos. 38838, 38863 and 39078 of 2024
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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.38863/2024 3/4 Order Date : 06-11-2024
APPENDIX OF WP(C) 38863/2024
Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 7.4.2017 ISSUED
BY THE FIRST RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 1.2.2018 OF THE
FIRST RESPONDENT
Exhibit P3 TRUE COPY OF THE QUARRYING LEASE DATED 12.2.2018 OF
PETITIONER
Exhibit P4 TRUE COPY OF THE CONSENT VARIATION ORDER DATED
16.11.2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD VALID UPTO.2023
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENCE DATED 21.1.2020 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF MINING PLAN DATED
3.5.2023 IN CONNECTION WITH THE QUARRY OF PETITIONER
Exhibit P7 TRUE COPY OF THE D&O LICENCE DATED 29.3.2023 WHICH IS
VALID UPTO 31.3.2028 ISSUED BY THE SECRETARY,
URANGATTIRI GRAMA PANCHAYATH
Exhibit P8 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
1.12.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, MALAPPURAM
Exhibit P9 TRUE COPY OF THE NOTIFICATION S.O. 221 (E ) DATED
18.01.2021 ISSUED BY THE JOINT SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE
Exhibit P10 TRUE COPY OF THE NOTIFICATION G.O.(RT)NO.203/2021/ID
DATED 12.2.2021 ISSUED BY THE INDUSTRIES DEPARTMENT
Exhibit P11 TRUE COPY OF THE S.O.NO.1807(E) DATED 12.04.2022ISSUED
BY THE FIFTH RESPONDENT
Exhibit P12 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT
DATED 13.01.2023 IN W.P (C). NO. 867 OF 2023
Exhibit P13 TRUE COPY OF THE RECEIPT DATED 03.07.2023 ISSUED BY THE
FIFTH RESPONDENT TO THE PETITIONER
Exhibit P14 TRUE COPY OF THE O.M. DATED 28.04.2023 ISSUED BY THE
FOURTH RESPONDENT
Exhibit P15 TRUE COPY OF THE MINUTES OF 127TH MEETING OF THIRD
RESPONDENT HELD ON 30TH AND 31ST OF MAY 2023
Exhibit P16 TRUE COPY OF THE OFFICE MEMORANDUM DATED 03.11.2023
ISSUED BY THE FOURTH RESPONDENT
Exhibit P17 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT
DATED 13.11.2023 IN WPC. NO. 36948 OF 2023
Exhibit P18 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE FIFTH
RESPONDENT DATED 27.11.2023
Exhibit P19 TRUE COPY OF THE OFFICE MEMORANDUM 15.03.2024 ISSUED BY
THE FOURTH RESPONDENT
Exhibit P20 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF MEETING
HELD ON 25TH AND 26TH MARCH 2024 OF THIRD RESPONDENT
Exhibit P21 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT
DATED 23.04.2024 IN W.P (C ). NO. 16370 OF 2024
Exhibit P22 TRUE COPY OF THE CONSENT VARIATION ORDER DATED
24.04.2024 AND VALID UP TO 27.10.2024 ISSUED BY THE
FIFTH RESPONDENT
WP(C) No.38863/2024 4/4 Order Date : 06-11-2024
Exhibit P23 TRUE COPY OF THE DETAILS OF APPLICATION OF PETITIONER
BEFORE 4TH RESPONDENT DOWNLOADED FROM WEBSITE OF 4TH
RESPONDENT
Exhibit P24 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN
O.A.142/2022 DATED 8.8.2024
Exhibit P25 TRUE COPY OF THE O.M. DATED 14.10.2024 ISSUED BY THE
SIXTH RESPONDENT
Exhibit P26 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONORABLE
COURT IN WPC NO.19143 OF 2024 DATED 12.8.2024
