Kerala High Court
Sibi Joseph vs State Of Kerala on 3 October, 2024
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2024:KER:75120
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 24112 OF 2024
PETITIONER/S:
SIBI JOSEPH
AGED 41 YEARS
SIBI JOSEPH, AGED 41 YEARS, SON OF K.S.JOSEPH,
KALLAMACKAL HOUSE, DHONI.P.O., PALAKKAD-678 009, PIN -
678009
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
SANAND RAMAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN
- 695001
2 THE DIRECTOR OF MINING AND GEOLOGY
PATTOM PALACE P.O. KESAVADASAPURAM,
THIRUVANANTHAPURAM., PIN - 695004
3 THE STATE ENVIRONMENT IMPACT ASSESSMENT AGENCY-KERALA
4TH FLOOR, K.S.R.T.C. BUS TERMINAL COMPLEX,
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THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN
- 695001
4 UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARIYAVARAN
BHAVAN, CGP COMPLEX, LODHI ROAD, NEW DELHI, PIN -
110033
5 CENTRAL BUREAU OF INVESTIGATION
ANTI CORRUPTION BRANCH, KATHRIKADAVU, P.O.KALOOR,
COCHIN. REPRESENTED BY ITS DIRECTOR., PIN - 682017
6 THE PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES & COMMERCE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001. *ADDL.
R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 06/09/2024
IN WP(C)
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. ()
SHRI.SAJJU.S., SENIOR G.P.()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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NITIN JAMDAR, C.J.
&
S.MANU, J.
------------------------------------------------------------
W.P.(C)No.24112 of 2024
--------------------------------------------------------------
Dated this the 3rd day of October, 2024
JUDGMENT
NITIN JAMDAR, C.J.
Heard learned Counsel for the Petitioner Sri.Sahasranaman and learned
Special Government Pleader Sri.Jaffar Khan.
2. The Petitioner has filed this Public Interest Litigation with the
following prayer:
i. To issue a writ, direction or order in the nature of mandamus or such
other appropriate writ, direction or order commanding the 5 th
respondent to conduct an enquiry in the involvement of bureaucrats,
Ministers, politicians, etc. in not taking effective steps recovering an
amount the amounts due in O.A.No.155 of 2020 of the National
Green Tribunal, Southern Zone, Chennai dated 28.09.2022 and in not
determining and recovering the environmental loss suffered on account
of the continuance of mining activities after 15.01.2016 (Ext.P1)
without Environmental Clearance and to prosecute them in accordance
with law;
3. This prayer is sought regarding an order passed by the National Green
Tribunal in Original Application No.155 of 2020 by one Vijeesh Kumar against
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the Union of India, State Environmental Impact Assessment Authority,
M/s.Covenant Stones Pvt.Ltd. and the Director of Mining and Geology. The
National Green Tribunal has disposed of the original application issuing various
directions, which includes a direction to pay compensation as under:
"The Tribunal accept the environmental compensation ₹41,46,50,509/-
(Forty One Crores Forty Six Lakhs Fifty Thousand Five Hundred and
Nine) assessed by the Joint Committee payable by the 3 rd respondent and
we direct the 3rd respondent to pay the amount in nine equal monthly
instalments and any amount assessed by the statutory authorities before
whom proceedings are pending and paid by the 3 rd respondent shall be
given credit to the compensation assessed by this Tribunal and the 3 rd
respondent is liable to pay only the balance amount towards the
environmental compensation within the time directed by this Tribunal."
4. After this order, M/s.Covenant Stones Pvt.Ltd. has filed a Special Civil
Appeal No.41655/2022 in which notice is issued on 15 May 2023 and the
Hon'ble Supreme Court has observed that as of now, they are not inclined to stay
the impugned judgment.
5. The grievance of the Petitioner is that, though a direction is issued by
the National Greens Tribunal to pay an amount of Rs. ₹41,46,50,509/- (Forty
One Crores Forty Six Lakhs Fifty Thousand Five Hundred and Nine) as
environmental compensation by the said Covenant Stones Pvt.Ltd, which would
enure to the benefit of the State of Kerala, no steps have been taken by the State
of Kerala for the same for more than two years. According to the Petitioner, the
State of Kerala is in need of funds for various purpose. There is no reason that
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the State is not taking steps to get the order of the National Greens Tribunal
enforced for recovery of the compensation.
6. The learned Special Government Pleader states that an execution
application has already been made by the original applicant before the National
Green Tribunal and notices have been issued by the National Green Tribuanl.
Therefore, independent proceedings in this court is not warranted.
7. Firstly, the Petitioner has not joined the said M/s.Covenant Stones
Pvt.Ltd. as a party respondent in this petition. Secondly, an execution application
is pending before the National Green Tribunal. Thirdly, an appeal filed against
the order passed by the National Green Tribunal is pending before the Hon'ble
Supreme Court.
8. In these circumstances, it would not be appropriate for us at this stage
to initiate different proceedings. If the original applicant is not pursuing the
execution application, then it is open to the Petitioner to apply to the Tribunal to
implead himself in the execution application to seek execution of the order
passed by the National Green Tribunal. However, it is for the National Green
Tribunal to take a decision upon such an application. The National Green
Tribunal will no doubt look into the issue and issue necessary directions for
execution of its own order and recover the compensation expeditiously which
will enure to the benefit of the State.
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9. However, this exercise is subject to any order passed by the Hon'ble
Supreme Court in the pending appeal.
10. The Public Interest Litigation is disposed of.
sd/
NITIN JAMDAR
CHIEF JUSTICE
sd/
S.MANU
JUDGE
jm/
2024:KER:75120
APPENDIX OF WP(C) 24112/2024
PETITIONER EXHIBITS
Exhibit.P.1. TRUE COPY OF THE EIA NOTIFICATION AMENDMENT,
S.O. 141(E), DATED 15-01-2016 ISSUED BY THE
4TH RESPONDENT
Exhibit.P.2. TRUE COPY OF THE JUDGMENT IN SHEFY JOSEPH VS
MOEF IN O.A.NO. 244 OF 2017 DATED 27-05-2021
NATIONAL GREEN TRIBUNAL – SOUTHERN
ZONAL BENCH
Exhibit.P.3. TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.
4643 OF 2021 DATED 16-08-2021
Exhibit.P.4. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS
HON'BLE COURT IN W.P.(C)NO. 13221 OF 2021,
DATED 15-06-2022 OF THIS HON'BLE HIGH COURT
Exhibit P 5 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C) NO(S). 5563/2023 OF THE HON'BLE
SUPREME COURT OF INDIA, DATED 24-03-2023
Exhibit P.6. TRUE COPY OF THE ORDER WP(C) NO. 13221 OF
2022, DATED 31-03-2023 OF THIS HON'BLE HIGH
COURT
Exhibit.P.7. TRUE COPY OF THE JUDGMENT RENDERED IN O.A.NO.
124 OF 2021, BY THE NATIONAL GREEN TRIBUNAL,
SOUTHERN ZONAL BENCH, CHENNAI DATED 20-12-
Exhibit.P.8. TRUE COPY OF THE JUDGMENT IN O.A.NO.155 OF
2020 OF THE NATIONAL GREEN TRIBUNAL, SOUTHERN
ZONE, CHENNAI DATED 28-09-2022
Exhibit.P.9. TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN CIVIL APPEAL DIARY NO. 41655/2022, DATED
15-05-2023
Exhibit.P.10 TRUE COPY OF THE EXECUTION APPLICATION NO...1....
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OF 2023 IN O.A.NO. 155 OF 2020 FILED BEFORE
THE N.G.T. SOUTHERN ZONAL BENCH, CHENNAI
RESPONDENT ANNEXURES
Annexure R2(a) A true copy of judgment dated 05.06.2023 in
Writ Petition (Civil) No. 17502 of 2023
Annexure R2(b) A true copy of order dated 02.08.2023 issued
by the Senior Geologist, Thiruvananthapuram
Annexure R2(d) A true copy of the statutory requisition
bearing No. 2024/13582/01 dated 15.05.2024
submitted by the Senior Geologist,
Thiruvananthapuram
Annexure R2(f) A true copy of the statutory notice in Form
10 dated 16.11.2023
Annexure R2(g) A true copy of the interim order dated
12.04.2024 in Writ Petition (Civil) No. 6920
of 2024
Annexure R2(h) A true copy of order dated 15.05.2024 passed
by the Hon'ble Supreme Court in Special Leave
Annexure R2(c) A true copy of the statutory requisition
bearing No. 2023/14076/01 dated 15.09.2023
submitted by the Senior Geologist,
Thiruvananthapuram
Annexure R2(e) A true copy of the statutory requisition
bearing No. 2023/14788/01 dated 03.10.2023
submitted for and on behalf of the 2nd
respondent
PETITIONER EXHIBITS
Exhibit P.11 TRUE COPY OF THE JUDGMENT PASSED BY THE
NATIONAL GREEN TRIBUNAL, SOUTHERN ZONAL
BENCH, CHENNAI, IN APPEAL NO. 5 OF 2002 AND
I.A.NO. 194 TO 196 OF 2022, DATED 11-09-2023
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RESPONDENT ANNEXURES
Annexure R1(a) TRUE COPY OF THE STATUTORY NOTICE IN FORM 1
DATED 11-06-2024
