Kerala High Court
Jaison Varghese vs State Environment Impact Assessment ... on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.8746/2024 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. 8746 OF 2024
PETITIONER:
JAISON VARGHESE AGED 43 YEARS, S/O.P.V. VARGHESE PARAPURAM HOUSE,
MAVILAPPADY, KOOVAPPADY P.O, ERNAKULAM, PIN - 683544.
RESPONDENTS:
1. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), KERALA,
K.S.R.T C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
THIRUVANANATHAPURAM REPRESENTED BY ITS MEMBER SECRETARY, PIN -
695001.
2. GEOLOGIST, DISTRICT OFFICE, ERNAKULAM, DEPARTMENT OF MINING AND
GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.
3. UNION OF INDIA, MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE,
INDIRA PARAYAVRAN BHAVAN, NEW DELHI REPRESENTED BY ITS DRIECTOR, 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 the 2nd respondent to issue transit pass /movement
permit to the petitioner by extending the benefit ext.p2 amendment to the
ext.p1 environment clearance if otherwise eligible pending disposal of the
writ petition.
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.K.J.MANU RAJ, Advocate
for the petitioner and of SRI.ACHUTH KRISHNAN R., Advocate for R3, the
court passed the following:
WP(C) No.8746/2024 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.8746/2024 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.8746/2024 4/4 Order Date : 07-11-2024
APPENDIX OF WP(C) 8746/2024
Exhibit P 1 A TRUE COPY OF THE RELEVANT PAGES ENVIRONMENTAL
CLEARANCE ISSUED TO THE PETITIONER BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, ERNAKULAM
DATED 19.3.2018
Exhibit P 2 A TRUE COPY OF THE SO NO. 1807(E) DATED 12.4.2022
Exhibit P 3 A TRUE COPY OF THE RELEVANT PAGES OF APPROVED MINING
PLAN SHOWING SCHEME OF MINING, DATED 20.9.2017 ISSUED
BY THE 3RD RESPONDENT
Exhibit P 4 A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT
GEOLOGIST TO THE PETITIONER DATED 29.2.2024
Exhibit P 5 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C). 23092 OF
2023 DATED 16.11.2023
Exhibit P 6 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 15.3.2024 OF
THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
