M/S New Pannipara Brick & Metals vs The Geologist
2024 Latest Caselaw 31835 Ker

Kerala High Court

M/S New Pannipara Brick & Metals vs The Geologist on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.38838/2024                       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. 38838 OF 2024

   PETITIONER:

          M/S NEW PANNIPARA BRICK & METALS, PANNIPARA P.O, EDAVANNA,
          MALAPPURAM, REPRESENTED BY ITS MANAGING PARTNER MOIDEEN KOYA K.V,
          PIN - 673603.

   RESPONDENTS:

      1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
         GEOLOGY, PALAKKAD,PIN-678014.
      2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
         PATTOM PALACE PO, TRIVANDRUM, PIN - 695004.
      3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
         SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001.
      4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
         REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
         COMPLEX, THIRUVANTHAPURAM, PIN - 695001.
      5. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
         BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR., PIN -
         110993.
      6. ENVIRONMENTAL ENGINEER, MALAPPURAM DISTRICT, POLLUTION CONTROL
         BOARD, PALAKKAD, KOZHIKODE HWY, UP HILL, MALAPPURAM, KERALA, PIN -
         676505.


        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.p15 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.p15; 2) stay the operation of ext.p17 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 4) respondent 6 to extend/ renew the validity
   of exhibit p4 consent provisionally, pending disposal of the above writ
   petition, forthwith. 5) respondent 4 to grant revalidation of the
   petitioner's project based on p18, p20 and p21.
 WP(C) No.38838/2024                   2/6                      Order Date : 07-11-2024

        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.PHILIP J.VETTICKATTU,
   NEENU BERNATH & SAJU S. DOMINIC, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.38838/2024                        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.38838/2024 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.38838/2024 5/6 Order Date : 07-11-2024

APPENDIX OF WP(C) 38838/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE DATED 12.04.2018, Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE GRANTED BY DEIAA VIDE EC NO.

DEIAA/MAL/EC/003/2017 DATED 18.11.2017 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES VALID FROM 12/01/2022 TO 31/03/2027 Exhibit P4 TRUE COPY OF THE CONSENT VARIATION ORDER BEARING NO.

KSPCB/MA/ICO/10066622/VAR/2024 DATED 02/05/2024 WHICH IS VALID UPTO 27/10/2024 Exhibit P5 TRUE COPY OF THE PAYMENT RECEIPT DATED 16/06/2023 ISSUED BY THE OFFICE OF THE 6 TH RESPONDENT Exhibit P6 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, EDAVANNA GRAMA PANCHAYAT DATED 08/04/2022 VALID FROM 01/04/2022 TO 31/03/2027 Exhibit P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY THE MOEF, Exhibit P8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023 Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5680/2023 DATED 08/03/2023 Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN TRIBUNAL, DATED 7- 12-2022 IN O.A.NO.142/2022 IN JAYANTH KUMAR V. MOEF & CC Exhibit Pll(a) TRUE COPY OF THE INTERIM ORDER DATED 13.11.2023 PASSED BY THIS HON. COURT IN W.P (C) NO. 35896/2023 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 P13(a) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.14606/2024 DATED 09/04/2024 Exhibit P14 TRUE COPY OF THE MOVEMENT PERMIT DATED 26/09/2024, FOR A PERIOD UPTO 26/10/2024 Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A 142/2022, DATED 08/08/2024 Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024 Exhibit P17 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14-10-2024 ISSUED BY THE MOEF Exhibit P18 TRUE PHOTOCOPY OF THE APPRAISAL OF REVALIDATION PROJECTS ON FILE NO. 1670/EC6/2021/SEIAA DATED 03.10.2022 Exhibit P19 TRUE PHOTOCOPY OF THE COMMUNICATION NO.

1670/EC6/2021/SEIAA DATED 16.01.2023 ISSUED BY THE ADMINISTRATOR OF THE 4TH RESPONDENT Exhibit P20 TRUE PHOTOCOPY OF THE INSPECTION REPORT ON COMPLIANCE PREPARED BY DR. MURALI KRISHNA ALONG WITH A LETTER OF THE MOEF DATED 03-04-2023 TO THE MEMBER SECRETARY OF THE SEIAA, KERALA WP(C) No.38838/2024 6/6 Order Date : 07-11-2024

Exhibit P21 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE APPROVED SCHEME OF MINING FROM THE DEPARTMENT OF MINING AND GEOLOGY