Muhammed Rafeek. K.A vs The District Geologist
2024 Latest Caselaw 31830 Ker

Kerala High Court

Muhammed Rafeek. K.A vs The District Geologist on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.20610/2023                       1/5                        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. 20610 OF 2023
   PETITIONER:

          MUHAMMED RAFEEK. K.A., AGED 38 YEARS, S/O K.S. ABDUL KAREEM,
          RESIDING AT KAIPALATHIL HOUSE,SOUTH CHALACKAL, MARAMPALLY, ALUVA,
          KERALA, PIN-683105

   RESPONDENTS:

      1. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002
      2. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
         THIRUVANANTHAPURAM, PIN-695004
      3. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU,
         KANNANMOOLA ROAD FROM OVERBRIDGE VELAKKUDY, THIRUVANANTHAPURAM,
         REPRESENTED BY ITS CHAIRMAN, PIN-695024


        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 allow the petitioner to continue quarrying activity, in respect
   of Exhibit P3 quarry for permissible period as per Exhibit P-3
   irrespective of expiry of the period fixed as per Exhibit P1, in the light
   of Exhibit P8 during the pendency of the above Writ Petition (Civil).


        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 M/S. ALEX.M.SCARIA,
   A.J.RIYAS, KRISHNA DAS, SARITHA THOMAS, ALEN J. CHERUVIL, SAHL ABDUL KADER
   & DEVIKA WARRIER, Advocates for the petitioner, the court passed the
   following:
 WP(C) No.20610/2023                        2/5                      Order Date : 07-11-2024




                          DR.KAUSER EDAPPAGATH, J.
                   ---------------------------------------------
           W.P.(C) Nos. 30948/22, 20597/23, 20610/23, 25208/23,
           33243/23, 35764/23, 41139/23, 4656/24 and 8746/24
               ----------------------------------------------------
                 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.20610/2023 3/5 Order Date : 07-11-2024

W.P.(C) No. 30948/22 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.20610/2023 4/5 Order Date : 07-11-2024

APPENDIX OF WP(C) 20610/2023 Exhibit P1 TUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE BEARING NO. 15/KNR/2016/DEIAA DATED 01/07/2017.

Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.

E/SE/KL/22/68(E89999) DATED 28/02/2020. Exhibit P3 TRUE COPY OF THE MINING LEASE DATED 22/01/2018 ISSUED TO THE PETITIONER Exhibit P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD CONSENT NO. PCB/KNR/ICO-R1/660/2020 DATED 23/07/2020 Exhibit P5 TRUE COPY OF THE TRADE LICENCE, BEARING NO.

JC1-1250/23/2023-24/22 DATED 11/04/2023, ISSUED BY CHAPPARAPPADAVU GRAMA PANCHAYATH Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN DATED 15/03/2017.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 IN MATHEW ABRAHAM V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (REPORTED IN 2020 (6) KLT 302). Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 BEARING NO. S.O. 1807(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P10 TRUE COPY OF THE ORDER DATED 17/11/2022 IN W.P.(C) NO.

36704/2022 OF THIS HON'BLE COURT.

Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE MINING SCHEME APPROVED ON 31/05/2023.

Exhibit P12 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022 BEARING F.NO. 1A3-22/28/2022-1A.III[E181584], ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE. Exhibit P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28/04/2023 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.

Exhibit P14 TRUE COPY OF THE EIA NOTIFICATION BEARING NO. S.O. 141(E) DATED 15/01/2016 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P15 TRUE COPY OF THE COMMON ORDER DATED 13/09/2018 IN O.A. NO. 186/2016 ON THE FILES OF THE NGT, PRINCIPAL BENCH. Exhibit P16 TRUE COPY OF THE R.P. NO. 47/2018 IN O.A. NO. 200/2016 AND O.A. NO. 405/2016 ON THE FILES OF THE NGT PRINCIPAL BENCH, NEW DELHI.

Exhibit P17 TRUE COPY OF THE ORDER DATED 11/12/2018 IN E.A. NO.

55/2018 IN O.A. NO. 520/2016 BY THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P18 TRUE COPY OF THE ORDER DATED 19/05/2020 IN THE CIVIL APPEAL DIARY NO. 6611/2020 OF THE HON'BLE SUPREME COURT OF INDIA.

Exhibit P19 TRUE COPY OF OFFICE MEMORANDUM DATED 12/12/2018 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

WP(C) No.20610/2023 5/5 Order Date : 07-11-2024

Exhibit P20 TRUE COPY OF THE COUNTER AFFIDAVIT (WITHOUT EXHIBITS) DATED 31/03/2023 FILED BY MOEF& CC IN O.A. NO. 142/2022 BEFORE THE NGT, PRINCIPAL BENCH, NEW DELHI.