M/S. United Metals vs The Geologist
2024 Latest Caselaw 31838 Ker

Kerala High Court

M/S. United Metals vs The Geologist on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.38335/2024                       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. 38335 OF 2024
   PETITIONER:

          M/S. UNITED METALS KARIMPANA P.O, NORTH PALAKKUZHA, MUVATTUPUZHA,
          ERNAKULAM REPRESENTED BY ITS MANAGING PARTNER, SRI.SAJEEV MATHEW,
          PIN - 686662

   RESPONDENTS:

      1. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
         ERNAKULAM, KAKKANAD , PIN - 682030
      2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
         PALACE P O, TRIVANDRUM, PIN - 695004
      3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
         REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
         COMPLEX, THIRUVANANTHAPURAM, PIN - 695001
      5. KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE (ERNAKULAM-2),
         PMC 20/7331, GOVT.HOSPITAL - KSRTC ROAD, NEAR KALLUNKAL AUDITORIUM,
         PERUMBAVOOR REPRESENTED BY ITS ENVIRONMENTAL ENGINEER , PIN - 683542
      6. THE SECRETARY PALAKUZHA GRAMA PANCHAYAT, PALAKUZHA P.O, PALAKUZHA
         ERNAKULAM, PIN - 686662
      7. THE SECRETARY ARAKUZHA GRAMA PANCHAYAT, ARAKUZHA P O, MUVATTUPUZHA
         ERNAKULAM, PIN - 686672
      8. MINISTRY OF ENVIRONMENT, FOREST 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 direct: - 1) stay the operation of ext.p18 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.p18; 2) stay the operation of ext.p19 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, provisionally, pending disposal of the above
   writ petition, forthwith; 4) direct the 5 th respondent, to renew consent
   to operate for the period applied for, provisionally, without insisting
   for any reappraisal of environmental clearance as a condition precedent,
   pending disposal of the writ petition, forthwith; 5) direct the 6 th
   respondent, to extend the validity of licence for the period applied for,
 WP(C) No.38335/2024                    2/6                       Order Date : 07-11-2024

   provisionally, without insisting for any reappraisal of environmental
   clearance as a condition precedent, pending disposal of the writ petition,
   forthwith; 6) direct the 7 th respondent, to extend the validity of
   licence for the period applied for, provisionally, without insisting for
   any reappraisal of environmental clearance as a condition precedent,
   pending disposal of the 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. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC Advocates for
   the petitioners, the court passed the following:
 WP(C) No.38335/2024                        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.38335/2024 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.38335/2024 5/6 Order Date : 07-11-2024

APPENDIX OF WP(C) 38335/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT, DATED 24/04/2018 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.

DIA/KL/MIN/7848/2017 DATED 23/01/2018 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE, BEARING NO.E/SC/KL/22/1115(E56101) VALID FROM 18/02/2020 UPTO 31/03/2025 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 07/05/2024, VALID UPTO 27/10/2024, BEARING FILE NO. KSPCB/ER2/ICO/10063875/2024 Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED 29/10/2024, SUBMITTED BY THE PETITIONER FOR RENEWAL OF CONSENT Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING NO.A7-555/24, DATED 10-5-2024 WHICH IS VALID UPTO 27-10-2024 ISSUED BY THE 6TH RESPONDENT Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING NO.27/2024-25, DATED 9-5-2024, WITH A VALIDITY UPTO 27-10-2024, ISSUED BY THE 7TH RESPONDENT Exhibit P8 TRUE COPY OF THE RECEIPT DATED 22/03/2024, ISSUED BY THE OFFICE OF THE 6TH RESPONDENT, SHOWING THE REMITTANCE OF RENEWAL FEE AMOUNTING RS.19500/- FOR THE PERIOD 2024-2025 Exhibit P9 TRUE COPY OF THE RECEIPT DATED 22/03/2024, ISSUED BY THE OFFICE OF THE 7TH RESPONDENT, SHOWING THE REMITTANCE OF RENEWAL FEE AMOUNTING RS.17500/- FOR THE PERIOD 2024-2025 Exhibit P10 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY THE MOEF Exhibit P11 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023 Exhibit P12 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO. 782/2023, DATED 13/01/2023 Exhibit P13 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.

ERN/2018/QL/33/MP-49/2024/95803, DATED 4-9-2024 ISSUED FOR A PERIOD UPTO 30/12/2024 Exhibit P14 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P15 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 P16 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF Exhibit P17 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE MOEF EXTENDING THE TIME FOR REAPPRAISAL Exhibit P18 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A 142/2022, DATED 08/08/2024 Exhibit P19 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF WP(C) No.38335/2024 6/6 Order Date : 07-11-2024

Exhibit P20 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.35316/2024, DATED 24-10-2024 Exhibit P21 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024