Javid E P vs The Union Of India
2024 Latest Caselaw 30113 Ker

Kerala High Court

Javid E P vs The Union Of India on 24 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) No.37168/2024                       1/6                        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. 37168 OF 2024
   PETITIONER:

          JAVID E P, AGED 42 YEARS, S/O MOIDEEN V.P, RESIDING AT SHANTHI
          MAHAL, CHEKKIKULAM. P.O, MANIYOOR VILLAGE, TALIPARAMBA TALUK, KANNUR
          DISTRICT, PIN-670592

   RESPONDENTS:

      1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
         ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
         JORBAGH ROAD, NEW DELHI, PIN-110993
      2. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT
         OF ENVIRONMENT, SECRETARIATE, THIRUVANANTHAPURAM., PIN-695001
      3. THE PRINCIPAL SECRETARY DEPARTMENT OF MINING AND GEOLOGY,
         SECRETARIATE, THIRUVANANTHAPURAM., PIN-695001
      4. THE DISTRICT GEOLOGIST CIVIL STATION, KANNUR, PIN-670002
      5. THE DIRECTOR MINING AND GEOLOGY KESAVADASAPURAM, THIRUVANANTHAPURAM,
         PIN-695004
      6. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS
         MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
         THIRUVANANTHAPURAM, PIN-695001
      7. THE DISTRICT ENVIRONMENTAL ENGINEER, KANNUR THE KERALA STATE
         POLLUTION CONTROL BOARD, DISTRICT OFFICE, 6TH FLOOR, RUBCO HOUSE,
         SOUTH BAZAR, KANNUR , PIN-670002


        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 stay the operation of Exhibit P32, P38, P49, P66, P71 and
   Exhibit P72 during the pendency of the above writ petition (civil).
   interim relief No 2: for the reasons stated in the above writ petition
   (civil), it is most humbly prayed that this hon'ble court may be pleased
   to direct the 4th respondent to issue movement permits in respect of
   exhibit p5quarry lease for further permissible period in the Exhibit P-6
   Mining Plan, in the light of Exhibit P8 notification, irrespective of the
   rider in Exhibit P38 R/W Exhibit P49, during the pendency of the above
   writ petition (Civil).


        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. ALEX.M.SCARIA, SARITHA THOMAS & SAHL ABDUL KADER, Advocates for the
   petitioner, the court passed the following:
 WP(C) No.37168/2024                          2/6                         Order Date : 24-10-2024




                           DR.KAUSER EDAPPAGATH, J.
                            ------------------------------------------
                        W.P.(C) Nos.7489, 7646, 35102, 35316,
                         36318, 36338, 36376, 36479, 36597,
                              36737, 37168, 37184, 37200,
                                  37332, 37510 of 2024
                           -------------------------------------------
                          Dated this the 24th day of October, 2024

                                          ORDER

Heard.

In view of the order passed on 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 Mining Plan approved and renewed by the competent

authority and mineable reserves and on condition that the

petitioners satisfy all other statutory formalities.

Post on 28.10.2024. Treat these cases as part heard.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) No.37168/2024 3/6 Order Date : 24-10-2024

APPENDIX OF WP(C) 37168/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE DATED 24/03/2018 FILE BEARING NO. 79/2018. Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.

E/SE/KL/22/98 (E86283) DATED 13/09/2021. Exhibit P3 TRUE COPY OF THE LATEST CONSENT DATED 20/02/2024 BY THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P3(a) TRUE COPY OF THE CIRCULAR, DATED 04/05/2022 ISSUED BY THE STATE POLLUTION CONTROL BOARD.

Exhibit P4 TRUE COPY OF THE RENEWED TRADE LICENSE DATED 20/04/2023 ISSUED BY SREEKANDAPURAM MUNICIPALITY. Exhibit P5 TRUE COPY OF THE MINING LEASE FROM 22/05/2018 TO 21/05/2028 DATED 22/05/2018.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN DATED 07/02/2018.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 IN MATHEW ABRAHAM V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (REPORTED IN 2020 (6) KLT 302). Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P10 TRUE COPY OF THE ORDER, DATED 13/07/2023 IN W.P.(C) NO.

22795/2023 OF THIS HON'BLE COURT.

Exhibit P11 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022 BEARING NO. F.NO.1A3-22/28/2022-1A.111[E 181584] ISSUED BY THE 1ST RESPONDENT.

Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 14/09/2006 BEARING NO. S.O. 1533(E) ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 27/02/2012 IN DEEPAK KUMAR V. STATE OF HARIYANA.

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 22/09/2015 BEARING NO. S.O. 2588(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.

Exhibit P15 TRUE COPY OF THE EIA NOTIFICATION BEARING NO. S.O. 141 (E) DATED 15/01/2016 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P16 TRUE COPY OF THE COMMON ORDER, DATED 13/09/2018 IN O.A. NO. 186/2016 BY NGT PRINCIPAL BENCH, NEW DELHI. Exhibit P17 TRUE COPY OF THE R.P. NO. 47/2018 IN O.A. NO. 200/2016 AND O.A. NO. 405/2016 ON THE FILES OF THE NGT, PRINCIPAL BENCH.

Exhibit P18 TRUE COPY OF THE ORDER DATED 11/12/2018 IN E.A. NO.

55/2018 IN O.A. NO. 520/2016 BY THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P19 TRUE COPY OF THE ORDER DATED 31/01/2020 IN I.A. NO.

13951 OF 2020 IN CIVIL APPEAL NO(S).3799-3800/2019 PASSED BY THE HON'BLE APEX COURT.

Exhibit P20 TRUE COPY OF THE ORDER DATED 19/05/2020 IN THE SAID CIVIL APPEAL DIARY NO. 6611/2020.

WP(C) No.37168/2024 4/6 Order Date : 24-10-2024

Exhibit P21 TRUE COPY OF OFFICE MEMORANDUM DATED 12/12/2018 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P22 TRUE COPY OF THE COMPLAINT OA 142 /2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P23 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 31/01/2023 FILED BY MOEF & CC IN O.A. NO. 142/2022 BEFORE THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P24 TRUE COPY OF THE ORDER DATED 28/02/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P25 TRUE COPY OF THE ORDER DATED 04/07/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P26 TRUE COPY OF THE ORDER DATED 15/07/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P27 TRUE COPY OF THE ORDER, DATED 21/07/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P28 TRUE COPY OF THE ORDER DATED 04/08/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P29 TRUE COPY OF THE ORDER, DATED 22/08/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P30 TRUE COPY OF THE ORDER DATED 02/09/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P31 TRUE COPY OF THE ORDER DATED 08/09/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P32 TRUE COPY OF THE ORDER DATED 07/12/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P33 TRUE COPY OF THE ORDER, DATED 09/02/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P34 TRUE COPY OF THE ORDER, DATED 25/04/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P35 TRUE COPY OF THE ORDER, DATED 15/05/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P36 TRUE COPY OF THE ORDER, DATED 22/05/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P37 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY MOEF IN THE MONTH OF MAY, 2023.

Exhibit P38 TRUE COPY OF THE OM DATED 28/04/2023 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P39 TRUE COPY OF THE ORDER, DATED 30/05/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P40 TRUE COPY OF THE ORDER, DATED 21/07/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

WP(C) No.37168/2024 5/6 Order Date : 24-10-2024

Exhibit P41 TRUE COPY OF THE ORDER, DATED 02/11/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P42 TRUE COPY OF THE ORDER, DATED 29/11/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P43 TRUE COPY OF THE ORDER, DATED 04/12/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P44 TRUE COPY OF THE ORDER, DATED 03/01/2024 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P45 TRUE COPY OF THE ORDER, DATED 12/01/2024 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P46 TRUE COPY OF THE ORDER DATED 19/01/2024 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P47 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION HELD ON 30TH AND 31ST MAY, 2023 OF THE 6TH RESPONDENT. Exhibit P48 TRUE COPY OF THE ADDITIONAL AFFIDAVIT (WITHOUT ANNEXURE), DATED 13/10/2023, SUBMITTED BY THE BY MOEF. Exhibit P49 TRUE COPY OF THE OFFICE MEMORANDUM, DATED 03/11/2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P50 TRUE COPY OF THE DISTRICT SURVEY REPORT AS A SAMPLE SURVEY REPORT IN RESPECT OF KOTTAYAM DISTRICT. Exhibit P51 TRUE PRINT OUT OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT HELD ON 05/08/2023.

Exhibit P52 TRUE COPY OF THE OFFICE MEMORANDUM, DATED 15/12/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P53 TRUE COPY OF THE OFFICE MEMORANDUM DATED 20/04/2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P54 TRUE COPY OF THE NOTIFICATION DATED 20/04/2022 BEARING NO. SO1886 (E) ISSUED BY THE 1ST RESPONDENT. Exhibit P55 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO. 81 OF 2011 DATED 02/08/2022 IN S. KULDEEP SINGH V. S. PRITHPAL SINGH REPORTED IN AIR 2022 SC 3967. Exhibit P56 TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN W.P.(C) NO. 35855/2022 PASSED BY THIS HON'BLE COURT. Exhibit P57 TRUE COPY OF THE NOTIFICATION DATED 20/01/2016 BEARING NO. S.O.190(E) Exhibit P58 TRUE COPY OF THE NOTIFICATION DATED 01/07/2016 BEARING NO. S.O. 2269(E).

Exhibit P59 TRUE COPY OF THE COMPARATIVE CHART PREPARED BY THIS PETITIONER FOR IDENTIFYING THE QUALIFICATIONS OF THE MEMBERS OF SEAC WITH THAT OF DEAC.

Exhibit P60 TRUE COPY OF THE ORDER DATED 22/09/2023 IN O.A. 26/2023, PASSED BY THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONE BENCH AT BHOPAL.

Exhibit P61 TRUE COPY OF THE LETTER DATED 29/10/2018 ISSUED BY SEIAA KERALA.

Exhibit P62 TRUE COPY OF THE JUDGMENT DATED 24/01/2018 IN WPC 27363 OF 2017 (THE PARISTHITHY SAMRAKSHANA JANAKEEYA SAMITHY V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2018 SCC ONLINE KER 5733.

Exhibit P63 TRUE COPY OF THE JUDGMENT DATED 28/02/2018 IN WA 398 OF 2018 PASSED BY THIS HON'BLE COURT.

WP(C) No.37168/2024 6/6 Order Date : 24-10-2024

Exhibit P64 TRUE COPY OF THE JUDGMENT, DATED 02/03/2020 IN WPC 6149 OF 2020 (MARATH ENTERPRISES AND CRUSHERS PVT. LTD. V. STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2020 SCC ONLINE KER 2978.

Exhibit P65 TRUE COPY OF THE OFFICE MEMORANDUM DATED 15/01/2024 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P66 TRUE COPY OF THE ORDER DATED 18/04/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P67 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P68 TRUE COPY OF THE O.M. DATED 07/05/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P69 TRUE COPY OF THE ORDER DATED 05/03/2024 IN WPC NO. 7080 OF 2024 PASSED BY THIS HON'BLE COURT.

Exhibit P70 TRUE COPY OF THE ORDER DATED 08/08/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P71 TRUE COPY OF THE O.M. DATED 14/10/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P72 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE, BEARING NO. KSPCB/KN/ICO/10065842/2024 DATED 27/04/2024 ISSUED BY THE THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

Exhibit P73 TRUE COPY OF THE RENEWED TRADE LICENSE FOR QUARRYING FROM 14/03/2024 TO 13/03/2029 ISSUED BY THE SREEKANDAPURAM MUNICIPALITY TO THE PETITIONER.