Kerala High Court
Jovin George vs The Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39207/2024 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. 39207 OF 2024
PETITIONER:
JOVIN GEORGE, AGED 49 YEARS, MADATHINAMATTATHIL HOUSE, PALISSERI,
THALASSERY P.O, THALASSERY VILLAGE, KANNUR, PIN - 670101.
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, KANNU, PIN - 670002
2. THE DIRECTOR, MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE PO, 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.p14 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.p14; 2) stay the operation of ext.p15 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 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 petitioner, the court passed the following:
WP(C) No.39207/2024 2/5 Order Date : 07-11-2024
DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) Nos. 39207 & 39214 of 2024
----------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
Admit.
2. The learned Government Pleader takes notice for
respondent Nos. 1 to 3. Sri.M.P.Sreekrishnan, the learned
Standing Counsel takes notice for respondent No.4. The learned
DSGI takes notice for respondent No.5.
3. 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.
4. The petitioners in all the writ petitions sought for stay
of the above official memorandum passed by the Government
WP(C) No.39207/2024 3/5 Order Date : 07-11-2024
W.P.(C) Nos. 39207 & 39214 of 2024
..2..
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 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.
5. 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.
WP(C) No.39207/2024 4/5 Order Date : 07-11-2024
W.P.(C) Nos. 39207 & 39214 of 2024
..3..
6. The statement filed by the SEIAA shall be received.
Post on 22/11/2024 for hearing along with W.P.(C)
No.7489/2024.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
APA
WP(C) No.39207/2024 5/5 Order Date : 07-11-2024
APPENDIX OF WP(C) 39207/2024
EXHIBITP1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 09/10/2017
EXHIBITP2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 22/05/2017, ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING EC NO.
04/2017,
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SE/KL/22/18(E85231), DATE OF
RENEWAL 15/03/2024, FOR A PERIOD UPTO 31/03/2029 ISSUED
BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 08/05/2020, VALID UPTO
30/04/2025, BEARING FILE NO. PCB/KNR/ICE/1915/2014
EXHIBITP5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, DATED
12/04/2021, ISSUED BY THE SECRETARY, TRIPRANGOTTOOR
GRAMA PANCHAYAT, VALID UP TO 31/03/2026,
EXHIBITP6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
EXHIBITP7 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF
MINING, WITH THE ENDORSEMENT APPROVED ON 21/03/2024
EXHIBITP8 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
EXHIBITP9 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WP(C) NO. 12952/2023 AND CONNECTED CASE I.E.,
W.P.(C) NO. 12837/2023, DATED 27/09/2024
EXHIBITP10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
EXHIBITP11 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
EXHIBITP12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
EXHIBITP13 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF
EXHIBITP14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBITP15 COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF
EXHIBITP16 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE 1 ST
RESPONDENT DATED 19/10/2024, FOR A PERIOD UPTO
26/10/2024
EXHIBITP17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.35316/2024, DATED 24/10/2024
EXHIBITP18 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
