Kerala High Court
M/S. Marwa Granites Pvt.Ltd vs The Geologist on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.22689/2023 1/4 Order Date : 24-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 24th day of October 2024 / 2nd Karthika, 1946
WP(C) NO. 22689 OF 2023
PETITIONER:
M/S. MARWA GRANITES PVT.LTD, AGED 54 YEARS NELLIKKAPARAMBA
P.O.,MUKKAM, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.
ABDURAHIMAN, PIN-673602
RESPONDENTS:
1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
CIVIL STATION KOZHIKODE, PIN - 673720
2. DIRECTOR, MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P.O,TRIVANDRUM, PIN - 695004
3. KERALA STATE POLLUTION CONTROL BOARD, ZAMORIAN'S SQUARE BUILDING,
LINK ROAD, PALAYAM, KOZHIKODE,REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER, PIN - 673002
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX,THIRUVANTHAPURAM, PIN - 695001
5. UNION OF INIDA,MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRAPARYAVARAN BHAVAN, JORBAGH ROAD, NEWDELHI, 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 1. to direct the 3 rd respondent to renew the consent to
operate (Ext.P9 application), provisionally for the period applied for, by
extending the benefit of S.O 1807 (E), dated 12/04/2022, 2. to direct the
respondents 1 and 2 to issue movement permits under Rule 25 and Transit
Passes under Rule 26, of the Kerala Minerals (Prevention of Illegal
Mining, Storage and Transportation) Rules, 2015, to the petitioner, for
the approved quantities, beyond 23/09/2023, by extending the benefit of
S.O 1807 (E), dated 12/04/2022, pending disposal of the above writ
petition, forthwith.
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
16.11.2023 and upon hearing the arguments of M/S. PHILIP J.VETTICKATTU,
SAJU S. DOMINIC, SAJITHA GEORGE & NEENU BERNATH, Advocates for the
petitioner, the court passed the following:
WP(C) No.22689/2023 2/4 Order Date : 24-10-2024
Dr. Kauser Edappagath, J
-------------------------------
WP(C) Nos.22785/2023, 1483/2023, 20454/2023,
20597/2023, 20610/2023, 20763/2023, 21543/2023,
22689/2023, 23092/2023, 23150/2023, 23309/2023,
23685/2023, 24292/2023, 24415/2023, 24651/2023,
25208/2023, 25940/2023, 26430/2023, 26690/2023,
27182/2023, 27864/2023, 28218/2023, 28223/2023,
28683/2023, 29463/2023, 31513/2023, 33243/2023,
32545/2023,35764/2023 & 35978/2023
-------------------------------
Dated this the 24th day of October, 2024
--------------------------------
ORDER
Heard both sides. This Court as per order dated 16.11.2023
passed an interim order that the respondent statutory authorities
shall treat the Environmental Clearance issued by DEIAAs
between 15.01.2016 and 13.09.2018 as valid up to 28.04.2024 or
till orders are passed by SEIAA after reappraisal, whichever is
earlier.
In view of the OM dated 14.10.2024 by the Ministry of
Environment, Forest and Climate Change, all the statutory
authorities shall treat the Environmental Clearance issued by
DEIAAs between 15.01.2016 and 12.12.2018 as valid till
7.11.2024, subject to availability of project life as laid down in the
WP(C) No.22689/2023 3/4 Order Date : 24-10-2024
W.P.(C).No.23150/2023 & Con.cases
Mining Plan approved and renewed by the competent authority
and mineable reserves and on condition that the petitioners
satisfy all other statutory requirements.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
kp
WP(C) No.22689/2023 4/4 Order Date : 24-10-2024
APPENDIX OF WP(C) 22689/2023
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1 ST
RESPONDENT, DATED 04/12/2017,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE GRANTED TO THE PETITIONER, DATED 23/09/2017
Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN WP(C) NO. 14346/2021, DATED 19/07/2021
Exhibit P4 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE
PETITIONER DATED 08/2021 BEFORE THE SEIAA
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN,
WITH THE ENDORSEMENT 'APPROVED' AND SHOWING THE
MINEABLE RESERVES, DATED NIL
Exhibit P6 TRUE COPY OF S.O.221(E), DATED 18.01.2021,
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SC/KL/22/527(E7456), WHICH IS
VALID FROM 25/01/2021 TO 31/03/2026, ISSUED BY THE DY.
CHIEF. CONTROLLER OF EXPLOSIVES,
Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT VARIATION
ORDER ISSUED BY THE 3 RD RESPONDENT, KERALA STATE
POLLUTION CONTROL BOARD, DATED 13/08/2022, VALID UPTO
23/09/2023, BEARING FILE NO.PCB/KKD/DO/ 7418/2017,
Exhibit P9 TRUE COPY OF THE APPLICATION ALONG WITH PAYMENT
RECEIPT, SUBMITTED BY THE PETITIONER BEFORE THE 3 RD
RESPONDENT DATED 7/7/2023,
Exhibit P10 TRUE COPY OF THE LICENSE NO.JC2/17/23-24, ISSUED BY THE
SECRETARY, KODIYATHUR GRAMA PANCHAYAT, DATED 29/3/2023,
WHICH IS VALID UPTO 31/3/2028
Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
KOZ/QL/2017/11/MP- 87/2023/77862 DATED 21/06/2023, FOR
A PERIOD UPTO 12/7/2023
Exhibit P12 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF SCHEME OF MINING,
DATED 25/08/2022, WITH THE ENDORSEMENT "APPROVED" AND
SHOWING THE MINEABLE RESERVES,
Exhibit P14 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE OFFICIAL
PORTAL VIZ. KOMPAS PERTAINING TO THE QUARRY
Exhibit P15 TRUE COPY OF THE INTERIM ORDER PASSED IN SIMILAR CASE
VIZ. W.P.(C) 18873/2023 DATED 22-06-2023
