Kerala High Court
M/S. Rahmath Granites & Crushers vs The District Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38333/2024 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. 38333 OF 2024
PETITIONER:
M/S. RAHMATH GRANITES & CRUSHERS REPRESENTED BY ITS MANAGING
PARTNER, MOOSAKUTTY HAJI, AGED 71 YEARS, S/O. UNNI MUHAMMED MOLLA
RESIDING AT NENDUMKANDATHIL HOUSE, PANNIPPARA PO, EDAVANNA,
MALAPPURAM , PIN - 676541
RESPONDENTS:
1. THE DISTRICT GEOLOGIST MALAPPURAM DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
MANJERI, MALAPPURAM , PIN - 676121
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO,THIRUVANANTHAPURAM , PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT , PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 685001
5. UNION OF INDIA REPRESENTED BY ITS DIRECTOR, MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, NEW DELHI, PIN -
110014
6. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS
CHAIRMAN, PATTOM PO, THIRUVANANTHAPURAM , PIN - 695004
7. THE SECRETARY EDAVANNA GRAMA PANCHAYATH, EDAVANNA, MALAPPURAM, PIN -
676541
8. THE SECRETARY THRIKALANGODE GRAMA PANCHAYATH, THRIKILANGODE,
MALAPPURAM DISTRICT , PIN - 676127
9. THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM , PIN - 695001
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 : i) stay the operation of ext. p17 judgment to the extent it
direcxt 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. p17 judgment. ii) to direct respondent nos. 1 & 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 final 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. T.P.SAJID, K.P.MOHAMED SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N.,
WP(C) No.38333/2024 2/6 Order Date : 07-11-2024
SREESHMA B. CHANDRAN, HASHARURAHIMAN U. & MOHEMED FAVAS, Advocates for
the petitioner, the court passed the following:
WP(C) No.38333/2024 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.38333/2024 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.38333/2024 5/6 Order Date : 07-11-2024
APPENDIX OF WP(C) 38333/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE
IN FORM H EXECUTED ON 14/8/2017 WHICH IS VALID TILL
13/8/2027 UNDER THE TERMS OF RULE 43 OF THE KERALA
MINOR MINERAL CONCESSIONS RULES, 2015 AND IN COMPLIANCE
OF ARTICLE 299 OF THE CONSTITUTION OF INDIA
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA
TO THE PETITIONER HAVING EC NO. 10/2017 DATED 19/6/2017
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE DATED 4/3/2020 ISSUED BY THE GOVERNMENT OF
INDIA TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO
OPERATE DATED 19/8/2020 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P4(a) TRUE COPY OF THE CONSENT OF VARIATION ORDER ISSUED BY
THE 7TH RESPONDENT DATED 11/5/2022 TO THE PETITIONER
Exhibit P4(b) TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER , DATED
24/02/2024
Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER 232 OF THE
PANCHAYAT RAJ ACT, 1994 BY THE THRIKALAKODE GRAMA
PANCHAYAT TO THE PETITIONER DATED 24/6/2023
Exhibit P5(a) TRUE COPY OF THE LICENSE DATED 04/04/2019 ISSUED BY
EDAVANNA GRAMA PANCHAYATH TO THE PETITIONER
Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT DATED 21/2/2023 ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER
Exhibit P7 TRUE COPY OF THE GAZZETTE NOTIFICATION IN SO NO.
1807(E) DATED 12/4/2022
Exhibit P8 TRUE COPY OF THE FRONT PAGE OF THE MINING PLAN DATED
15/5/2023 ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P9 TRUE COPY OF THE ORDER IN W.P.(C). NO. 7293/2023 DATED
1/6/2023 OF THIS HON'BLE COURT
Exhibit P10 TRUE COPY OF THE ORDER DATED 16/11/2023 IN W.P.(C). NO.
26430/2023 OF THIS HON'BLE COURT
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 4/3/2024
SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P12 TRUE COPY OF THE O.M. DATED 28/4/2023 ISSUED BY THE
MOEF
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL DATED 7/12/2022 IN O.A. NO. 142/2022 IN
JAYANTH KUMAR VS. MOEF & CC
Exhibit P14 TRUE COPY OF THE SOP DATED 15/1/2024 ISSUED BY THE MOEF
Exhibit P15 TRUE COPY OF THE O.M. DATED 15/3/2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 30/08/2024 IN I.A.
NO. 6/2024 IN W.P.(C). NO. 14936/2024 OF THIS HON'BLE
COURT
Exhibit P17 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024
Exhibit P18 TRUE COPY OF THE INTERIM ORDER DATED 12/03/2024 IN
W.P.(C). NO. 9771/2024 OF THIS HON'BLE COURT
WP(C) No.38333/2024 6/6 Order Date : 07-11-2024
Exhibit P19 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C). NO. 36597/2024
