Kerala High Court
Beena Salam vs The Geologist on 12 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39786/2024 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. 39786 OF 2024
PETITIONER:
BEENA SALAM AGED 62 YEARS W/O ABDUL SALAM MANGALAM ESTATE,
ANJUMOORTHI P.O PALAKKAD , PIN - 678682
RESPONDENT:
1. THE GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING &
GEOLOGY, PALAKKAD,, PIN -678014
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.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.39786/2024 2/4 Order Date : 12-11-2024
DR.KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.39786 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.39786/2024 3/4 Order Date : 12-11-2024
W.P.(C) NO.39786 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.39786/2024 4/4 Order Date : 12-11-2024
APPENDIX OF WP(C) 39786/2024
EXHIBITP1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 15! RESPONDENT,
DATED 01-10-2018
EXHIBITP2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.DIA/KL/PL/1/2017
DATED 03-06-2017,
EXHIBITP3. RUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SE/KL/22/144(E103794), DATED
21-2-2022 WITH A VALIDITY UPTO 31-3-2027
EXHIBITP4. RUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE -- RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 21-10-2022, VALID UPTO
30-9-2025, BEARING FILE
NO.PCB/PLKD/ICO/R18PAL652296/2022,
Exhibit P5. TRUE COPY OF THE LICENSE, ISSUED BY THE SECRETARY,
WADAKKANCHERY GRAMA PANCHAYAT, BEARING
NO.400826/RPTL20/GENERAL/2024/118, DATED 1-4-2024,
WHICH IS VALID UPTO 31-3-2025,
Exhibit P6. RUE COPY OF S.0.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF,
Exhibit P7. TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023,
Exhibit P8. RUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 30667/2022, DATED 12/10/2022
Exhibit P9. TRUE COPY OF THE MOVEMENT PERMIT DATED 02/11/2024,
WHICH IS VALID UPTO 06/11/2024,
Exhibit P10 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE
MOEF
Exhibit P11. TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022
Exhibit P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P13. TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF,
Exhibit P14. TRUE COPY OF THE JUDGMENT PASSED BY THE NATIONAL GREEN
TRIBUNAL IN O.A. 142/2022, DATED 08/08/2024
EXHIBITP15. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
Exhibit P16. TRUE COPY OF THE INTERIM ORDER GRANTED IN W.P.(C)
35316/2024, DATED 24-10-2024
EXHIBIT P17. TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 35316/2024,
DATED 7-11-2024
Exhibit P18. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
