Kerala High Court
M/S. Matha Aggregates Pvt.Ltd vs The Geologist on 13 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.39869/2024 1/4 Order Date : 13-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
WP(C) NO. 39869 OF 2024
PETITIONER:
M/S. MATHA AGGREGATES PVT.LTD 379, MADECKAL HOUSE, KIZHAKKAMBALAM
P.O, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, SAJI
SEBASTIAN, PIN - 683562
RESPONDENTS:
1. THE GEOLOGIST DISTRICT OFFICE, 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)
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 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 petitioners the court passed the following:
WP(C) No.39869/2024 2/4 Order Date : 13-11-2024
DR. KAUSER EDAPPAGATH, J.
============================
W. P. (C) No.39869 of 2024
============================
Dated this, the 13th 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.39869/2024 3/4 Order Date : 13-11-2024
W.P.(C) NO.39869 OF 2024
same interim order is passed in this case as well for a period
of one month.
Post on 20.11.2024 for hearing along with W.P.(C)
No.37915/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
WP(C) No.39869/2024 4/4 Order Date : 13-11-2024
APPENDIX OF WP(C) 39869/2024
EXHIBIT P1. TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN M/S. KMP GRANITES AND THE 1%T
RESPONDENT, DATED 28/02/2018,
Exhibit P1(a). TRUE COPY OF THE RELEVANT PAGES OF TRANSFER OF
QUARRYING LEASE, DATED 20/03/2019,
EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE, DATED 09/01/2018 ISSUED BY THE DISTRICT
ENVIRONMENT IMPACT ASSESSMENT 10. 11. 12. AUTHORITY,
BEARING EC NO. DIA/KL/PL/14/2017,
EXHIBIT P3. TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, DATE OF RENEWAL 30/12/2022, FOR A PERIOD UPTO
31/03/2027, ISSUED BY THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
EXHIBIT P4. TRUE COPY OF THE RELEVANT PAGES OF THE INTEGRATED
CONSENT TO OPERATE RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 18/11/2023, VALID UPTO
08/01/2029
EXHIBIT P5. TRUE COPY OF THE LICENSE, DATED 25/04/2023, ISSUED BY
THE SECRETARY, NAGALASSERY GRAMA PANCHAYAT, VALID UP TO
31/03/2028,
EXHIBIT P6. TRUE 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. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 20549/2023 DATED 23/06/2023,
EXHIBIT P9. TRUE COPY OF THE MOVEMENT PERMIT DATED 01/11/2024,
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 0.AN0.142/2022
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 SCREENSHOT TAKEN FROM THE OFFICIAL
PORTAL OF THE 4% RESPONDENT SHOWING THE STATUS OF THE
PETITIONER'S PROPOSAL, WHICH IS MARKED AS S.NO.2,
SUBMISSION DATE ON 10/05/2024,
EXHIBIT P15. TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
EXHIBIT P16. TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE
MOEF
EXHIBIT P17. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.36737/2024, DATED 24/10/2024
EXHIBIT P18. UE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO0.36737/2024, DATED 07/11/2024
EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO0.19143/2024, DATED 12-8-2024
