Kerala High Court

Aljouf Granite Metals vs The Director on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.38863/2024 1/6 Order Date : 07-11-2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 7th day of November 2024 / 16th 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 again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06/11/2024 and upon hearing the arguments of M/S.P.M.ZIRAJ & IRFAN ZIRAJ,
WP(C) No.38863/2024 2/6 Order Date : 07-11-2024

Advocates for the petitioner, the court passed the following:
WP(C) No.38863/2024 3/6 Order Date : 07-11-2024

DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) Nos. 38236, 38333, 38335, 38380, 38432, 38452,
38456, 38501, 38528, 38623, 38663, 38669, 38671, 38809,
38838, 38863 and 39078 of 2024
----------------------------------------------------
Dated this the 7th day of November, 2024

ORDER

The main challenge in these writ petitions is against the

judgment of NGT in O.A.No.142/2022 dated 08/08/2024.

Thereafter, on the basis of the said judgment of the NGT, the

Government of India, Ministry of Envioronment, Forest and

Climate Change passed an O.M.dated 14/10/2024 stating that

unless appraisal/reappraisal of ECs granted by DEIAA is not

done by the concerned SEIAA on or before 07/11/2024, ECs in

such cases would be considered as illegal and it will lead to

such mining leases being not allowed to operate.

2. The petitioners in all the writ petitions sought for stay

of the above official memorandum passed by the Government

of India, Ministry of Envioronment, Forest and Climate Change.

In some of the writ petitions, a separate application has been

filed to stay the operation of the O.M.dated 14/10/2024. On the

said applications, petitioners were already heard. The SEIAA as WP(C) No.38863/2024 4/6 Order Date : 07-11-2024

W.P.(C) No. 38236/2024 and connected cases

..2..

well as Union of India sought time to file statement. It is

submitted that SEIAA has filed a statement today. The Union

of India has also submitted that they have also filed the

statement today.

3. This Court has already passed an interim order that

all the statutory authorities shall treat the environmental

clearance issued by DEIAAs between 15/01/2016 and

12/12/2018 as valid till today (07/11/2024), 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. Since the hearing on

the applications filed by the petitioners to stay the operation

of O.M.dated 14/10/2024 is not complete, the interim order

passed above is extended for a period of one month.

4. The statement filed by the SEIAA shall be received.

Post on 22/11/2024 for hearing.

Sd/-

DR.KAUSER EDAPPAGATH JUDGE APA WP(C) No.38863/2024 5/6 Order Date : 07-11-2024

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 6/6 Order Date : 07-11-2024

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