Kerala High Court
Saji Jose vs The Geologist on 12 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39749/2024 1/4 Order Date : 12-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
WP(C) NO. 39749 OF 2024
PETITIONER:
SAJI JOSE, AGED 45 YEARS, KATTARATH HOUSE, MUKKOM, KUNNAMANGALAM,
KOZHIKODE , PIN - 673602
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY,
KOZHIKODE, PIN - 673020
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.p15 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.p15; 2) stay the operation of ext.p16 to the extent it states that,
the inability to reappraise the 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) direct 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
petitioners, SRI. PREMSANKAR R, Advocate for R5, the court passed the
following:
WP(C) No.39749/2024 2/4 Order Date : 12-11-2024
DR.KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.39749 of 2024
============================
Dated this, the 12th 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 the 4th respondent. The
learned DSGI takes notice for the 5th respondent.
3. This Court has already passed an interim order in
the connected matters that all the statutory authorities shall
treat the environmental clearance issued by DEIAAs
between 15/01/2016 and 12/12/2018 as valid, 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 petitioner
satisfies all other statutory formalities. Hence, the very
WP(C) No.39749/2024 3/4 Order Date : 12-11-2024
W.P.(C) NO.39749 OF 2024
same interim order is passed in this case as well for a period
of one month.
Post on 22.11.2024 for hearing along with W.P.(C)
No.37915/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
WP(C) No.39749/2024 4/4 Order Date : 12-11-2024
APPENDIX OF WP(C) 39749/2024
EXHIBITP1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 19-02-2018
EXHIBITP2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC
NO.08/DEIAA/KL/MIN/5609/2017 DATED 23-09-2017,
EXHIBITP3. TRUE COPY OF THE RELEVANT PAGES OF THE RENEWED
EXPLOSIVE LICENSE, BEARING NO.E/SC/KL/22/1688(E78634),
DATED 01-02-2024 WITH A VALIDITY UPTO 31-3- 2029
EXHIBITP4. TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE -- RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 03-09-2022 VALID UP TO
23-09-2027
EXHIBIT P5. TRUE COPY OF THE LICENSE, ISSUED BY THE SECRETARY,
OMASSERRY GRAMA PANCHAYAT, BEARING NO.A7/2514/2024,
DATED 19-2-2024, WHICH IS VALID UPTO 31-3-2025,
EXHIBITP6. TRUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
EXHIBITP7. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
EXHIBITP8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 19853/2023, DATED 19/06/2023
EXHIBITP9. TRUE COPY OF THE MOVEMENT PERMIT DATED 01/11/2024,
WHICH IS VALID UPTO 06/11/2024,
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
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,
EXHIBIT P14. TRUE COPY OF THE TIMELINE DETAILS SHOWING THE
SUBMISSION OF THE APPLICATION FOR REAPPRAISAL UPLOADED
IN THE WEB SITE ON 15-3-2024
EXHIBIT P15. TRUE COPY OF THE JUDGMENT PASSED BY THE NATIONAL GREEN
TRIBUNAL IN O.A.142/2022, DATED 08/08/2024
EXHIBITP16. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBITP17. TRUE COPY OF THE INTERIM ORDER GRANTED IN ONE OF THE
WRIT PETITIONS I.E., W.P.(C) 36737/2024, DATED
24-10-2024
EXHIBITP18. TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 36737/2024,
DATED 7-11-2024
EXHIBITP19. RUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
