Kerala High Court
Abdul Gafoor vs Union Of India on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.24292/2023 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. 24292 OF 2023
PETITIONER:
ABDUL GAFOOR, AGED 34 YEARS S/O. SAIDALAVI, PARAKKATTIL HOUSE,
VALLAPUZHA, PATTAMBI, PALAKKAD , PIN - 679303
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF
ENVIRONMENT, FORESTS AND CLIMATE CHANGE, INDIRA PARYAVARAN
BHAWAN,JORBAGH ROAD, NEW DELHI, PIN - 110003
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY,DEPARTMENT OF
INDUSTRIES,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM , PIN - 695001
3. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,DISTRICT
OFFICE, T.B. ROAD, PALAKKAD , PIN - 678014
4. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, K.S.R.T.C BUS
TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,THIRUVANANTHAPURAM
,REPRESENTED BY ITS MEMBER SECRETARY , PIN - 695001
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 the 3rd respondent to issue movement permit and transit
passes to the petitioner by treating ext.p2 environmental clearance
certificate as valid in the light of ext.p3 notification, pending disposal
of the writ petition.
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. ENOCH DAVID SIMON JOEL, S.SREEDEV, RONY JOSE, LEO LUKOSE, KAROL
MATHEWS SEBASTIAN ALENCHERRY & DERICK MATHAI SAJI, Advocates for the
petitioner, the court passed the following:
WP(C) No.24292/2023 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.24292/2023 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.24292/2023 4/4 Order Date : 24-10-2024
APPENDIX OF WP(C) 24292/2023
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT DATED 13.03.2023
VALID TILL 12.03.2024 ISSUED BY THE 3RD RESPONDENT.
Exhibit P1(a) TRUE COPY OF THE CONSENT TO OPERATE (VARIATION ORDER)
DTD. 11.02.2019 VALID TILL 30.09.2023 ISSUED BY THE
POLLUTION CONTROL BOARD.
Exhibit P1(b) TRUE COPY OF THE TRADE LICENSE DTD. 09.03.2023 VALID
TILL 31.03.2024 ISSUED BY THE VALLAPUZHA PANCHAYAT.
Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE
NO. DIA/KL/PL/14/2018 DTD. 31.08.2018 ISSUED BY THE
DEIAA, PALAKKAD.
Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 18.01.2021 BEARING
NO. S.O. 221(E) ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23.05.2023 IN WP(C) NO.
16111/2023 ON THE FILES OF THIS HON'BLE COURT.
Exhibit R4(a) A true copy of the minutes of 115th meeting of SEIAA,
dated 30th June 2022,
Exhibit R4(b) A true copy of the communication, dated 22.02.2023
issued by SEIAA to MoEF CC
