Anil Jospeh vs The Union Of India
2024 Latest Caselaw 31882 Ker

Kerala High Court

Anil Jospeh vs The Union Of India on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.25208/2023                       1/7                        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. 25208 OF 2023
   PETITIONER:

          ANIL JOSPEH, AGED 51 YEARS, S/O JOSEPH KUZHITHOTTU (HO),
          CHEMPANTHOTTY (P.O), KARAYATHUMCHAL, KANNUR, PIN-670631

   RESPONDENTS:

      1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
         ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
         JORBAGH ROAD, NEW DELHI, PIN-110993
      2. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT
         OF ENVIRONMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001
      3. THE PRINCIPAL SECRETARY, DEPARTMENT OF MINING AND GEOLOGY,
         SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001
      4. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002
      5. THE DIRECTOR MINING AND GEOLOGY, KESAVADASAPURAM,
         THIRUVANANTHAPURAM, PIN-695004
      6. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY
         ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
         THIRUVANANTHAPURAM, PIN-695001


        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 the 1st respondent to issue movement permits in respect
   of Exhibit p5quarry lease for further permissible period in the Exhibit
   P-6 Mining Plan, in the light of Exhibit P8 notification, 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 SRI. GEORGE POONTHOTTAM (SR.)
   along with M/S. ALEX.M.SCARIA, BEAS K. PONNAPPAN, A.J.RIYAS, KRISHNA DAS,
   SARITHA THOMAS, ALEN J. CHERUVIL & SAHL ABDUL KADER, Advocates for the
   petitioner, SHRI.S.KANNAN,(SENIOR G.P)., GOVERNMENT PLEADER for R2 to R5,
   the court passed the following:
 WP(C) No.25208/2023                        2/7                      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.25208/2023 3/7 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.25208/2023 4/7 Order Date : 07-11-2024

APPENDIX OF WP(C) 25208/2023 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE DATED 07/11/2017 BEARING NO. 58/KNR/2017/DEIAA FROM THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KANNUR.

Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.

E/SE/KL/22/83 (E83738) DATED 08/07/2020. Exhibit P3 TRUE COPY OF THE RENEWED INTEGRATED CONSENT BEARING NO.

PCB/KNR/ICO/3964/2014 DATED 09/09/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

Exhibit P4 TRUE COPY OF THE TRADE LICENCE BEARING NO.

131284012300028 DATED 05/04/2023.

Exhibit P5 TRUE COPY OF THE QUARRYING LEASE ISUUED TO THE PETITIONER FROM 15/12/2017 TO 14/12/2029 DATED 15/12/2017.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN DATED 05/06/2017.

Exhibit P7 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 P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P9 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 P10 TRUE COPY OF THE ORDER DATED 13/07/2023 IN W.P.(C) NO.

22795/2023 OF THIS HON'BLE COURT.

Exhibit P11 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022 BEARING NO. F.NO.1A3-22/28/2022-1A.111[E 181584]. Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 14/09/2006 BEARING NO. S.O. 1533(E) ISSUED BY THE MINSTRY OF ENVIRONMENT AND FOREST.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 27/02/2012 IN DEEPAK KUMAR V. STATE OF HARIYANA, THE HON'BLE APEX COURT. Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 22/09/2015 BEARING NO. S.O. 2588(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.

Exhibit P15 TRUE COPY OF THE EIA NOTIFICATION BEARING NO. S.O. 141 (E) DATED 15/01/2016 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P16 TRUE COPY OF THE COMMON ORDER, DATED 13/09/2018 IN O.A. NO. 186/2016 BY NGT PRINCIPAL BENCH, NEW DELHI. Exhibit P17 TRUE COPY OF THE R.P. NO. 47/2018 IN O.A. NO. 200/2016 AND O.A. NO. 405/2016 ON THE FILES OF THE NGT, PRINCIPAL BENCH.

Exhibit P18 TRUE COPY OF THE ORDER DATED 11/12/2018 IN E.A. NO.

55/2018 IN O.A. NO. 520/2016 BY THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P19 TRUE COPY OF THE ORDER DATED 31/01/2020 BY THE HON'BLE APEX COURT.

Exhibit P20 TRUE COPY OF THE ORDER DATED 19/05/2020 IN THE SAID CIVIL APPEAL DIARY NO. 6611/2020.

WP(C) No.25208/2023 5/7 Order Date : 07-11-2024

Exhibit P21 TRUE COPY OF OFFICE MEMORANDUM DATED 12/12/2018 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P22 TRUE COPY OF THE COMPLAINT OA 142 /2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P23 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 31/01/2023 FILED BY MOEF & CC IN O.A. NO. 142/2022 BEFORE THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P24 TRUE COPY OF THE ORDER DATED 28/02/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P25 TRUE COPY OF THE ORDER DATED 04/07/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P26 TRUE COPY OF THE ORDER DATED 15/07/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P27 TRUE COPY OF THE ORDER, DATED 21/07/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P28 TRUE COPY OF THE ORDER DATED 04/08/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P29 TRUE COPY OF THE ORDER, DATED 22/08/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P30 TRUE COPY OF THE ORDER DATED 02/09/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P31 TRUE COPY OF THE ORDER DATED 08/09/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P32 TRUE COPY OF THE ORDER DATED 07/12/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P33 TRUE COPY OF THE ORDER, DATED 09/02/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P34 TRUE COPY OF THE ORDER, DATED 25/04/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P35 TRUE COPY OF THE ORDER, DATED 15/05/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P36 TRUE COPY OF THE ORDER, DATED 22/05/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P37 TRUE COPY OF THE ADDITIONAL AFFIDAVIT DATED 29/05/2023. Exhibit P38 TRUE COPY OF THE OM DATED 28/04/2023 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P39 TRUE COPY OF THE ORDER, DATED 30/05/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P40 TRUE COPY OF THE ORDER, DATED 21/07/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P41 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION HELD ON 30TH AND 31ST MAY, 2023 OF THE 6TH RESPONDENT. Exhibit P42 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO. 81 OF 2011 DATED 02/08/2022 IN S. KULDEEP SINGH V. S. PRITHPAL SINGH REPORTED IN AIR 2022 SC 3967. Exhibit P43 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE MOEF IN THE MONTH OF MAY, 2023.

Exhibit P44 True copy of the 130th meeting of the State Level Environment Impact Assessment Authority (SEIAA) Kerala, held on 5th August, 2023 at conference hall, SEIAA. WP(C) No.25208/2023 6/7 Order Date : 07-11-2024

Exhibit P45 True copy of the Civil Appeal Diary No. 5072/2019 (without Annexure) filed on 07/02/2019 and kept pending before the Hon'ble Apex Court.

Exhibit P46 TRUE COPY OF THE ADDITIONAL AFFIDAVIT DATED 13/10/2023 IN CIVIL APPEAL NO. 3799-3800 OF 2019 BEFORE THE APEX COURT.

Exhibit P47 TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN W.P.(C) NO. 35855/2022 PASSED BY THIS HON'BLE COURT. Exhibit P48 TRUE COPY OF THE OFFICE MEMORANDUM DATED 03/11/2023 Exhibit P49 TRUE COPY OF THE NOTIFICATION DATED 20/01/2016 BEARING NO. S.O.190(E).

Exhibit P50 TRUE COPY OF THE NOTIFICATION DATED 01/07/2016 BEARING NO. S.O. 2269(E).

Exhibit P51 TRUE COPY OF THE COMPARATIVE CHART PREPARED BY THIS PETITIONER FOR IDENTIFYING THE QUALIFICATIONS OF THE MEMBERS OF SEAC WITH THAT OF DEAC.

Exhibit P52 TRUE COPY OF THE ORDER DATED 22/09/2023, PASSED BY THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONE BENCH AT BHOPAL. Exhibit P53 TRUE COPY OF THE LETTER DATED 29/10/2018 ISSUED BY SEIAA KERALA.

Exhibit P54 TRUE COPY OF THE JUDGMENT DATED 24/01/2018 IN WPC 27363 OF 2017 (THE PARISTHITHY SAMRAKSHANA JANAKEEYA SAMITHY V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2018 SCC ONLINE KER 5733 Exhibit P55 TRUE COPY OF THE JUDGMENT DATED 28/02/2018 IN WA 398 OF 2018 PASSED BY THIS HON'BLE COURT.

Exhibit P56 TRUE COPY OF THE JUDGMENT, DATED 02/03/2020 IN WPC 6149 OF 2020 (MARATH ENTERPRISES AND CRUSHERS PVT. LTD. V. STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2020 SCC ONLINE KER 2978.

Exhibit P57 TRUE COPY OF THE O.M. DATED 15/01/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P58 TRUE COPY OF THE ORDER DATED 18/04/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P59 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P60 TRUE COPY OF THE O.M. DATED 07/05/2024 ISSUED BY THE 1ST RESPODNENT.

Exhibit P61 TRUE COPY OF THE ORDER DATED 08/08/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH, NEW DELHI.

Exhibit P62 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14/10/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit R6(a) A true copy of the minutes of 115th meeting of SEIAA, dated 30th June 2022 Exhibit R6(b) A true copy of the communication, dated 22.02.2023 issued by SEIAA to MoEF CC Annexure R1(a) True copy of the Environment Impact Assessment, (EIA) Notification, 2006 dated 14.09.2006 Annexure R1(b) . A Copy of the Ministry's Notification S.O. 1886 (E) dated 20.04.2022 WP(C) No.25208/2023 7/7 Order Date : 07-11-2024

Annexure R1(c) True copy of the Ministry's Notification S.O. 1807 (E) dated 12.04.2022 Annexure R1(d) True copy of the Notification S.O. 221 (E) dated 18.01.2021 Annexure R1(e) True copy of the OM No.iA3-22/11/2023/IA.IIII(E-208230) dated 28.04.2023 dated 28.04.2023