Kerala High Court
Mannarkkad Taluk Karinkal Quarry ... vs The Geologist on 6 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39078/2024 1/3 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. 39078 OF 2024
PETITIONER:
MANNARKKAD TALUK KARINKAL QUARRY OPERATORS VYAVASAYA SAHAKARANA
SANGAM LTD, SIND (P)179 PULLISSERI P.O, MANNARKKAD, PALAKKAD
REPRESENTED BY ITS PRESIDENT, C.H SAKKARIYA, PIN - 678582
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND 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,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
5. MINISTRY OF ENVIRONMENT, FOREST 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 direct:- 1) stay the operation of ext.p14 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.p14. 2) stay the operation of ext.p15 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.
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.39078/2024 2/3 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.39078/2024 3/3 Order Date : 06-11-2024
APPENDIX OF WP(C) 39078/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 19/02/2019
Exhibit P2 RUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 31/01/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
DIA/ KL/PL/21/2017,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/1605(E72176), DATE OF
RENEWAL 01/03/2024, FOR A PERIOD UPTO 31/03/2029 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 RUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE- RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 19/01/2024, VALID UPTO
31/01/2027, BEARING FILE NO. KSPCB/PL/ICO/10046474/2024
Exhibit P5 RUE COPY OF THE LICENSE, DATED 01/04/2024, ISSUED BY
THE SECRETARY, THACHANATTUKARA GRAMA PANCHAYAT, VALID
UP TO 31/03/2027
Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 4121/2023 DATED 08/02/20232
Exhibit P9 TRUE COPY OF THE MOVEMENT PERMIT DATED 29/09/2024,
WHICH IS VALID UPTO 06/11/2024
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBITPll TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022
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 P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P15 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
