Kerala High Court
M/S. Knrc Holdings & Investments Pvt. ... vs The Geologist on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.28223/2023 1/5 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. 28223 OF 2023
PETITIONER:
M/S. KNRC HOLDINGS & INVESTMENTS PVT. LTD., AGED 47 YEARS, KNR
HOUSE, 4TH FLOOR, FLAT NO. 114, PHASE-1. KAVURI HILLS, HYDERABAD,
TELANGANA REPRESENTED BY ITS DIRECTOR/AUTHORISED REPRESENTATIVE SRI.
V. VENGUGOPAL REDDY, PIN-500033.
RESPONDENTS:
1. THE GEOLOGIST, OFFICE OF MINING & GEOLOGY, MINI CIVIL STATION,
MANJERI, MALAPPURAM DISTRICT, PIN-676121.
2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE,
KESAVADASAPURAM,PATTOM PALACE P.O., TRIVANDRUM, PIN-695004.
3. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN-695001.
4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
5. UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY
ITS DIRECTOR, PIN-110993.
6. UNION OF INDIA, MINIS[RY OF MINES, 3RD FLOOR, A WING, SHASTRI
BHAVAN, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN-110001.
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.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 for the period 2023-2024 by
extending the benefit of s.o.221(e), dated 18/01/2021 (ext.p6), pending
disposal of the above writ petition, forthwith; 2.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 05/10/2023, by extending the benefit of s.o.18o7(e),
dated 12-4-2022 (ext.pl2), without referring to ext.p13 minutes, 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
1/07/2024 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.28223/2023 2/5 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.28223/2023 3/5 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.28223/2023 4/5 Order Date : 24-10-2024
APPENDIX OF WP(C) 28223/2023
Exhibit P1 TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE NATIONAL
HIGHWAYS AUTHORITY OF INDIA, TO M/S. KNR CONSTRUCTIONS
LTD., DATED 30/03/202I,
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN 'M/S. JAIHIND CONCRETE PRODUCTS' AND
THE 1ST RESPONDENT, DATED 18/09/2019
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF TRANSFER OF
QUARRYING LEASE, DATED 05/032022
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED IN THE NAME OF 'M/S. JAIHIND CONCRETE
PRODUCTS', DATED 13/04/2018
Exhibit P5 TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT, WITH
REGARD TO THE TRANSFER OF ENVIRONMENTAL CLEARANCE TO
THE PETITIONER HEREIN, BEARING NO. 1957/EC6/2022/SEIAA,
DATED 19/05/2022
Exhibit P6 TRUE COPY OF S.O.221(E), DATED 18.01.2021
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN,
WITH THE ENDORSEMENT 'APPROVED' AND SHOWING THE
MINEABLE RESERVES, DATED 15/02/2017
Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO. E/SE/KL /22/208(E97978), WHICH IS
VALID FROM 07/03/2O23 UPTO 31/03/2028, ISSUED BY THE
DY. CHIEF. CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD, DATED 13/03/2023, VALID UPTO STL03L2028,
BEARING FI1E NO. PCB/MLPM/ICO/RL/R18MAL15 1O3/2023
Exhibit P10 TRUE COPY OF THE LICENSE NO.B3- 1837 /2023-36 ISSUED BY
THE SECRETARY, OORAGAM GRAMA PANCHAYAT, DATED
27/03/2023, WHICH IS VALID FROM 01/04/2023 UPTO
31/3/2027
Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
MAL/QL/2022/4/MP- 3/2023/75453 DATED 13/04/2023 FOR A
PERIOD UPTO 05/10/2023
Exhibit P12 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022
Exhibit P13 TRUE COPY THE SCHEME OF MINING, WITH THE ENDORSEMENT
'APPROVED' ON 10/01/2023
Exhibit P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE
SENIOR GEOLOGIST, THROUGH ONLINE, DATED 17/02/2023,
WHICH IS ENDORSED AS 'RECEIVED' ON 27/02/2023
Exhibit P15 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE OFFICIAL
PORTAL OF THE L"T RESPONDENT, DATED NII, SHOWING THE
VALIDITY OF ENVIRONMENTAL CLEARANCE TILL 05/10/2023
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 17/06/2022 IN WP (C)
Exhibit P17 TRUE COPY OF AN INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 22500/2023 DATED 11/07/2023
Exhibit P18 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION TAKEN
BY THE 3RD RESPONDENT, AS ITEM NO.127.37 IN ITS 127TH,
MEETING HELD ON 30TH AND 31"T MAY, 2023
Exhibit P19 TRUE COPY OF THE O.M., WHICH IS REFERRED TO IN EXT.P18
MINUTES DATED 28-4-2023
WP(C) No.28223/2023 5/5 Order Date : 24-10-2024
Exhibit P20 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2O22
Exhibit P21 TRUE COPY OF THE APPLICATION FOR EXTENSION OF VALIDITY
OF ENVIRONMENTAL CLEARANCE, SUBMITTED BY THE
PETITIONER, ALONG WITH THE COVERING LETTER DATED
12/01/2023
