Kerala High Court
Shajith V.P vs Union Of India on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.37510/2024 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. 37510 OF 2024
PETITIONER:
SHAJITH V.P AGED 50 YEARS S/O. RAVEENDRAN, VALIYAPARAMBATH HOUSE,
VALAYAM POST., KOZHIKODE , PIN - 673517
RESPONDENTS:
1. ION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,
INDIRA PARIYAVARANBHAVAN, JORBHAG ROAD, NEW DELHI REPRESENTED BY ITS
SECRETARY , PIN - 110993
2. THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF
INDUSTRIES SECRETARIATE, THIRUVANANTHAPURAM , PIN - 695001
4. THE DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE
P.O., THIRUVANANTHAPURAM , PIN - 695004
5. GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, THE BAY
END FLOOR, 'C' BLOCK OF CIVIL STATION, KOZHIKODE , PIN - 673020
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 1) stay the operation of ext. p13 and p14 to the extent it
directs that the mining by lease holders who have been granted
environmental clearance by district authority shall not be allowed to
operate, if no appraisal/ reappraisal is made by state authority within 3
months from the date of ext. p13. 2) respondents 3 and 5 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
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. N.ANAND, RAJESH O.N. & ROY ANTONY Advocates for the petitioner, the
court passed the following:
WP(C) No.37510/2024 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.37510/2024 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.37510/2024 4/4 Order Date : 07-11-2024
APPENDIX OF WP(C) 37510/2024
Exhibit P1 A TRUE COPY OF THE LEASE DEED DATED 12.07.2019 EXECUTED
BETWEEN THE STATE GOVERNMENT AND THE PETITIONER
Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY
THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KOZHIKODE DATED 16.03.2018 IN NO. 61/DEIAA/KL/MIN/
Exhibit P3 TRUE COPY OF THE NOTIFICATION BEARING NO. S.O.141(E)
DATED 15.01.2016 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTIFICATION NO.SO.190(E) DATED
20.01.2016 ISSUED BY RESPONDENT NO.1
Exhibit P5 TRUE COPY OF THE S.O. 1807(E) DATED 12.04.2022 ISSUED
BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL (PRINCIPAL BENCH) DATED 13.09.2018 IN O.A.
Exhibit P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE OM DATED 03.11.2023 ISSUED BY 1ST
RESPONDENT
Exhibit P9 A TRUE COPY OF THE ORDER DATED 07.02.2024 PASSED BY
THIS HON'BLE COURT IN WP(C) NO. 4640/2024
Exhibit P10 TRUE COPY OF THE SOP DATED 15.01.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P11 TRUE COPY OF THE O.M. DATED 15.03.2024 ISSUED BY 1ST
RESPONDENT
Exhibit P12 A TRUE COPY OF THE ORDER DATED 19.04.2024 PASSED BY
THIS HON'BLE COURT IN WP(C) NO. 4640/2024
Exhibit P13 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A.
142/2022, DATED 08.08.2024
Exhibit P14 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 14.10.2024
ISSUED BY RESPONDENT NO.1
Exhibit P15 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 19143/2024, DATED 12.08.2024
