Kerala High Court
M/S Rock View Granite Crusher vs The District Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.20597/2023 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. 20597 OF 2023
PETITIONER:
M/S ROCK VIEW GRANITE CRUSHER, AGED 44 YEARS KANNAMANGALAM VILLAGE,
TIRURANGADI TALUK, MALAPPURAM, KERALA, REPRESENTED BY ITS MANAGING
PARTNER ABDUSSALAM, S/O ALI, PARAPPIL (HO), KALANNTHODE, NIT P.O.,
KOZHIKODE, PIN - 673601.
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, MINI CIVIL STATION, NEAR DISTRICT COURT,
VELLARANGAL, MANJERI, MALAPPURAM, KERALA , PIN - 676517.
2. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN - 695004.
3. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU,
KANNANMOOLA ROAD FROM OVERBRIDGE VELAKKUDY, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN - 695024.
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 allow the petitioner to continue quarrying activity, in respect
of exhibit p3 quarry for permissible period as per exhibit p-3,
irrespective of expiry of the period fixed as per exhibit p1, in the light
of exhibit p9 during the pendency of the above writ petition (civil).
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
24/10/2024 and upon hearing the arguments of M/S.ALEX.M.SCARIA, A.J.RIYAS,
KRISHNA DAS, SARITHA THOMAS, ALEN J. CHERUVIL, SAHL ABDUL KADER & DEVIKA
WARRIER, Advocates for the petitioner, the court passed the following:
WP(C) No.20597/2023 2/4 Order Date : 07-11-2024
DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) Nos. 30948/22, 20597/23, 20610/23, 25208/23,
33243/23, 35764/23, 41139/23, 4656/24 and 8746/24
----------------------------------------------------
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.20597/2023 3/4 Order Date : 07-11-2024
W.P.(C) No. 30948/22 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.20597/2023 4/4 Order Date : 07-11-2024
APPENDIX OF WP(C) 20597/2023
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE NO. 17/2017 DATED 31/08/2017.
Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.
E/SC/KL/22/1280 (E60784) DATED 12/06/2019.
Exhibit P3 TRUE COPY OF THE MINING LEASE DATED 21/03/2018 ISSUED
TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD CONSENT NO.
PCB/CO/R4/1250/2020 DATED 26/05/2020
Exhibit P5 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD BEARING NO.
KSPCB/MA/ICO/10010748/VAR/2022 DATED 03/09/2022.
Exhibit P6 TRUE COPY OF THE TRADE LICENCE, BEARING NO. B2-
1267/2023-42/2023-24 DATED 27/03/2023 ISSUED BY
KANNAMANGALAM GRAMA PANCHAYATH.
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING
PLAN DATED 29/05/2017 ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 IN MATHEW
ABRAHAM V. STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY (REPORTED IN 2020 (6) KLT 302).
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 ISSUED
BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE
CHANGE.
Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING
NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST & CLIMATE CHANGE.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P.(C)
NO. 36704/2022 OF THIS HON'BLE COURT.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGED OF THE MINING SCHEME
APPROVED ON 12/06/2023 ISSUED BY THE
Exhibit P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022
BEARING F.NO. 1A3-22/28/2022-1A.III[E181584] ISSUED BY
THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.
