Kerala High Court
M/S.Divon Rock Products Pvt. Ltd vs The Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38663/2024 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. 38663 OF 2024
PETITIONER:
M/S.DIVON ROCK PRODUCTS PVT. LTD., KONNANAMKADU, BALAL POST,
KASARAGOD- REPRESENTED BY ITS MANAGING DIRECTOR., PIN-671533
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
KASARAGODE, PIN-671123
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. 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.p16 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.p16; 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, provisionally, pending disposal of the above
writ petition, forthwith;
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
04-11-2024 and upon hearing the arguments of SRI. PHILIP J.VETTICKATTU,
Advocate for the petitioners the court passed the following:
WP(C) No.38663/2024 2/4 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.38663/2024 3/4 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.38663/2024 4/4 Order Date : 07-11-2024
APPENDIX OF WP(C) 38663/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN M/S. MAHADEV METALS AND THE 1 ST
RESPONDENT, DATED 12/11/2018,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE TRANSFER OF
QUARRYING LEASE DATED 19/04/2021,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE GRANTED BY DEIAA, DATED 30/01/2018
Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE 4 TH RESPONDENT,
DATED 30/07/2021, TRANSFERRING THE ENVIRONMENTAL
CLEARANCE TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SC/KL/22/1029(E49400), DATED
08/01/2024 WITH A VALIDITY UPTO 31/03/2029 ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 03/10/2023, VALID UPTO
31/10/2027, BEARING FILE NO.KSPCB/KS/ICO/10038493/2023,
Exhibit P7 TRUE COPY OF THE LICENSE, ISSUED BY THE BALAL GRAMA
PANCHAYAT, BEARING NO.544/GPO/2024/6645, DATED
29/01/2024, WHICH IS VALID UPTO 31/03/2027,
Exhibit P8 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
Exhibit P9 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 3083/2023, DATED 31/01/2023
Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT DATED 21/10/2024,
WHICH IS VALID UPTO 19/11/2024,
Exhibit P12 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P13 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 AND CC
Exhibit P14 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
Exhibit P16 TRUE COPY OF THE JUDGMENT PASSED BY THE NATIONAL GREEN
TRIBUNAL IN O.A. 142/2022, DATED 08/08/2024
Exhibit P17 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
