Kerala High Court
Shinto Abraham vs The Union Of India on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.7646/2024 1/4 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. 7646 OF 2024
PETITIONER:
SHINTO ABRAHAM, AGED 52 YEARS, S/O. ABRAHAM ISSAC, B/2, ILLIKKAL
HOUSE, INDIRA NAGAR, DEVALOKAM, KOTTAYAM, PIN-686004
RESPONDENTS:
1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
JORBAGH ROAD, NEW DELHI, PIN-110003
2. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4
TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM, PIN-695001
3. THE GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE, CHEMBOOKAVU.P.O,
THRISSUR, PIN-682020
4. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD,
MAJESTIC SQUARE BUILDING, 3RD FLOOR, PARAVATTANI P.O, OLLUKKARA,
THRISSUR, PIN-680655
5. PAZHAYANNUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
PAZHAYANNUR GRAMA PANCHAYAT OFFICE, PAZHAYANNUR.P.O, THRISSUR,
PIN-680587
6. THE SECRETARY PAZHAYANNUR GRAMA PANCHAYAT, PAZHAYANNUR GRAMA
PANCHAYAT OFFICE, PAZHAYANNUR.P.O, THRISSUR, PIN-680587
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 the lst respondent to enlarge the time limit prescribed
in Exhibit P15 office Memorandum for re-appraisal of Exhibit P6
Environmental Clearance Granted by the District Environment Impact
Assessment Authority, Thrissur by the 2nd in the light of Exhibit P17
Standard Operating Procedure and extent the Validity of Exhibit P6 till
such re-appraisal, pending disposal of the writ petition.
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
24.10.2024 and upon hearing the arguments of SRI. JOBI JOSE KONDODY,
Advocate for the petitioner and of SRI. R.RAJPRADEEP, Advocate for R5 &
R6, the court passed the following:
WP(C) No.7646/2024 2/4 Order Date : 07-11-2024
DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) Nos. 7489, 7646, 35102, 35316, 36318, 36338, 36376,
36479, 36597, 36737, 37168, 37184, 37200, 37332, 37504,
37510, 37841, 37999, 38083, 38180 & 38195 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.7646/2024 3/4 Order Date : 07-11-2024
W.P.(C) No. 7489/2024 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.7646/2024 4/4 Order Date : 07-11-2024
APPENDIX OF WP(C) 7646/2024
Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE
DIRECTOR, MINING AND GEOLOGY TO THE PETITIONER DATED
30.08.2017
Exhibit P2 TRUE COPY OF THE FORM LE3 LICENCE ISSUED BY THE JOINT
CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM ON 28.06.2012
TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL
ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD ON
03.05.2023 VALID UP TO 30.04.2028
Exhibit P4 TRUE COPY OF THE TRADE LICENCE RENEWED AND ISSUED ON
30.03.2023 VALID UP TO 31.03.2024
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF MINING PLAN PREPARED
BY THE RECOGNIZED QUALIFIED PERSON APPROVED BY THE 3 RD
RESPONDENT WITHOUT DATE
Exhibit P6 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED
29.05.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, THRISSUR FOR THE QUARRY OF THE
PETITIONER
Exhibit P7 A TRUE COPY OF THE QUARRYING LEASE EXECUTED BETWEEN THE
PETITIONER AND THE STATE GOVERNMENT DATED 29.04.2022
Exhibit P8 A TRUE COPY OF THE AMENDMENT DATED 12.04.2022 ISSUED BY
THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE
PUBLISHED IN THE GAZETTE OF INDIA 12.04.2022
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT DATED 03.06.2022 IN
Exhibit P10 TRUE COPY OF SO NO. 141 (E) DATED 15.01.2016 ISSUED BY
THE 1ST RESPONDENT
Exhibit P11 TRUE COPY OF THE ORDER DATED 13.09.2018 PASSED BY THE
PRINCIPAL BENCH, NATIONAL GREEN TRIBUNAL, NEW DELHI IN
OA NO. 186/2016 AND CONNECTED CASES
Exhibit P12 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.12.2018
ISSUED BY THE 1 ST RESPONDENT TO THE CHIEF SECRETARIES
OF ALL THE STATES
Exhibit P13 TRUE COPY OF THE ORDER DATED 11.12.2018 PASSED BY THE
NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN
Exhibit P14 TRUE COPY OF THE ORDER DATED 07.12.2022 PASSED BY THE
PRINCIPAL BENCH, NATIONAL GREEN TRIBUNAL, NEW DELHI IN
Exhibit P15 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P16 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE
127TH MEETING OF THE 2ND RESPONDENT DATED 30/31-5-2023
Exhibit P17 TRUE COPY OF THE OFFICE MEMORANDUM DATED 15.01.2024
WITH THE STANDARD OPERATING PROCEDURE ISSUED BY THE 1ST
RESPONDENT
Exhibit P18 TRUE COPY OF THE SCREEN SHOT OF THE APPLICATION DATED
03.01.2024 FOR RE-APPRAISAL OF EXHIBIT P6 ENVIRONMENTAL
CLEARANCE BY THE PETITIONER BEFORE THE 2ND RESPONDENT
IN THE LIGHT OF EXHIBIT P15 AND EXHIBIT P17
