Kerala High Court
M/S. Crescent Stone Crusher Unit vs District Geologist on 6 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.23446/2024 1/5 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. 23446 OF 2024
PETITIONER:
M/S. CRESCENT STONE CRUSHER UNIT, PRABHAPURAM, MANNENGODE POST,
PALAKKAD DISTRICT, PIN - 679307
RESPONDENTS:
1. DISTRICT GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE,
PALAKKAD, PIN - 698014
2. DIRECTOR OF MINING & GEOLOGY, MINING & GEOLOGY DIRECTORATE, PATTOM
PALACE P.O., TRIVANDRUM, PIN - 695004
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY THE
ENVIRONMENTAL ENGINEER, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD
KERALA , PIN - 678001
5. THE SECRETARY, KOPPAM GRAMA PANCHAYAT, PULASSERY P.O KOPPAM,
PALAKKAD, PIN - 679307
6. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001
7. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY
ITS DIRECTOR, PIN - 110993
8. MINISTRY OF MINES, 3RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI,
REPRESENTED BY ITS SECRETARY, PIN - 110001
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. direct the 4 th respondent to renew consent to operate for
the applied period, provisionally, by extending the benefit of s.o 221 (
e) dated 18/01/2021 (ext.p3), and in view of om dated 15/03/2024 (ext.p32)
forthwith; 2. direct the 5 th respondent to renew license for the period
applied for, provisionally, by extending the benefit of s.o 221 (e) dated
18/01/2021 (ext.p3), and in view of om dated 15/03/2024 (ext.p32)
forthwith; 3. direct the 1 st and 2 nd respondent to extend the validity
of ext.p1 quarry lease by applying g.o (rt) no.203/21/id dated
12/02/2021(ext.p9); 4. direct the 1 st respondent, to issue movement
permits, under rule 25 and transit passes under rule 26, of the kerala
minerals (prevention of illegal mining, storage and transportation) rules,
2015, for the balance approved quantity, for the period 2023 - 2024 by
extending the benefit of s.o 221 ( e) dated 18/01/2021 (ext.p3) pending
disposal of the above writ petition, forthwith and also in view of om
dated 15/03/2024 (ext.p32); 5. direct the 1 st respondent, to issue
movement permits, under rule 25 and transit passes under rule 26, of the
kerala minerals (prevention of illegal mining, storage and transportation)
WP(C) No.23446/2024 2/5 Order Date : 06-11-2024
rules, 2015, for the unused quantity, for the period 2020-2021 by
extending the benefit of s.o 221 (e) dated 18/01/2021 (ext.p3) pending
disposal of the above writ petition, forthwith and also in view of om
dated 15/03/2024 (ext.p32); 6. stay the operation and effect of ext.p22,
till the disposal of the above writ petition;
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, SRI. HAROON RASHEED, SC for R5, the court passed the
following:
WP(C) No.23446/2024 3/5 Order Date : 06-11-2024
Dr. Kauser Edappagath, J
-------------------------------
W.P.(C).No.23446 of 2024
-------------------------------
Dated this the 6th day of November, 2024
--------------------------------
ORDER
The petitioner preferred an application dated 16.5.2024
seeking the benefit of Ext.P9 Government Order for the purpose
of extending the lease period before the 2nd respondent.
The 2nd respondent is directed to consider and pass orders
on the same, after hearing the petitioner within a period of three
weeks from the date of receipt of a copy of this order.
Post on 2.12.2024 along with connected matters.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
kp
WP(C) No.23446/2024 4/5 Order Date : 06-11-2024
APPENDIX OF WP(C) 23446/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
DATED 15/07/2019 EXECUTED BETWEEN THE PETITIONER AND
THE COMPETENT AUTHORITY
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE GRANTED BY DEIAA DATED 29/11/2018
Exhibit P3 TRUE COPY OF S.O.221(E) ISSUED BY MOEF, DATED
18.01.2021
Exhibit P4 TRUE COPY OF THE SCREENSHOT OF FLASH MESSAGE GENERATED
IN THE WEB PORTAL OF SEIAA DATED NIL
Exhibit P5 TRUE COPY OF THE MINING PLAN WITH ENDORSEMENT
"APPROVED" AND SHOWING THE MINEABLE RESERVES DATED
04/04/2018
Exhibit P6 TRUE COPY OF THE STOCK REPORT SHOWING THE BALANCE STOCK
FOR THE PERIOD 2020-2021
Exhibit P6(a) TRUE COPY OF THE STOCK REPORT SHOWING THE BALANCE STOCK
FOR THE PERIOD 2023-2024
Exhibit P7 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.18285/2022 DATED 17/06/2022
Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN
R.P NO.1024/2023 DATED 13/10/2023
Exhibit P9 TRUE COPY OF THE G.O (RT) NO. 203/21/ID DATED
12/02/2021
Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED FROM THE 1ST RESPONDENT
DATED 16/05/2024
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 17/05/2022, WHICH IS VALID UPTO
31/03/2027 GRANTED TO THE PETITIONER
Exhibit P12 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE
POLLUTION CONTROL BOARD NO.
PCB/PLKD/ICO/1120/9506010/2018, DATED 19/12/2018, VALID
UPTO 28/11/2023
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION FOR
RENEWAL OF CONSENT DATED NIL
Exhibit P14 TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY THE 4TH
RESPONDENT DATED 17/05/2024
Exhibit P15 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY KOPPAM
GRAMA PANCHAYAT DATED 26/04/2023 WHICH IS VALID FROM
11/04/2023 TO 28/11/2023
Exhibit P16 TRUE COPY OF THE APPLICATION DATED 17/05/2024 SUBMITTED
BY THE PETITIONER BEFORE THE 5TH RESPONDENT, ALONG WITH
ACKNOWLEDGMENT RECEIPT
Exhibit P17 TRUE COPY OF THE MOVEMENT PERMIT DATED 07/06/2022 FOR A
PERIOD UPTO 31/03/2023 ISSUED BY THE DISTRICT GEOLOGIST
Exhibit P18 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P19 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO.35855/2022 AND W.P.(C) NO.35871/2022,
DATED 20-12-2022
Exhibit P20 TRUE COPY OF THE G.O NO. 1257/2023/1D DATED 14/12/2023
Exhibit P21 TRUE COPY OF THE CIRCULAR ISSUED BY THE POLLUTION
CONTROL BOARD DATED 05/02/2024
Exhibit P22 TRUE COPY OF THE O.M. ISSUED BY THE MOEF DATED 7-5-2024
WP(C) No.23446/2024 5/5 Order Date : 06-11-2024
Exhibit P23 TRUE COPY OF THE ORDER PASSED BY THE NGT DATED
18-4-2024 IN O.A.NO.142/2022
Exhibit P24 TRUE COPY OF S.O.NO.141(E), DATED 15-1-2016
Exhibit P25 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH
OF THIS HON'BLE COURT IN WA.NO.398/2018 DATED 28-2-2018
Exhibit P26 TRUE COPY OF THE ORDER PASSED BY THE NGT IN O.A
NO.186/2016 DATED 13-9-2018 (SATENDRA PANDEY V. MOEF
AND OTHER CONNECTED CASES)
Exhibit P27 TRUE COPY OF O.M. DATED 12-12-2018 ISSUED BY THE MOEF
Exhibit P28 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P29 TRUE COPY OF THE INTERIM ORDER DATED 24-8-2023 PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO.24415/2023
Exhibit P30 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN
W.P.(C) NO.35472/2023 AND CONNECTED CASES DATED
13-11-2023
Exhibit P31 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P32 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P32(a) TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.12957/2024
DATED 01/04/2024
Exhibit P33 TRUE COPY OF THE INTERIM ORDER DATED 22/05/2024 PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO. 18399/2024
