Kerala High Court
Kabani Blue Metals Private Limited vs Union Of India on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.35102/2024 1/3 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. 35102 OF 2024
PETITIONER:
KABANI BLUE METALS PRIVATE LIMITED, REGISTERED OFFICE MANGATTUNJALIL
HOUSE, PULLU P.O, THRISSUR DISTRICT. REPRESENTED BY ITS MANAGING
IRECTOR, VIVEK VIJAYAN, PIN - 680641.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE- CHANGE, INDIRA PARYAVARAN BHAVAN,
JORBAGH ROAD, NEW DELHI , PIN - 110993.
2. STATE OF KERALA, REPRESENTED BY SECRETARY,INDUSTRIES
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
3. DIRECTOR OF MINING & GEOLOGY, MINING & GEOLOGY DIRECTORATE, PATTOM
PALACE P.O., TRIVANDRUM, PIN - 695004.
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY,4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM, PIN - 695001.
5. DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY DISTRICT
OFFICE,THAVAKKARA, 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 1) stay the operation of ext.p15 judgment to the extent it
directs that, the mining by lease holders who have been granted
environmental clearance by deiaa shall not be allowed to operate, if no
appraisal /reappraisal is made by seiaa within 3 months from the date of
ext.p15 judgment. 2) respondents 3 and 5 to issue movement permits and
transit passes to the petitioner and also permit the petitioner to access
the kompas, without insisting for any reappraisal of the environmental
clearance, provisionally, 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
09/10/2024 and upon hearing the arguments of M/S.V.M.KRISHNAKUMAR &
P.R.REENA, Advocates for the petitioner, the court passed the following:
WP(C) No.35102/2024 2/3 Order Date : 24-10-2024
DR.KAUSER EDAPPAGATH, J.
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W.P.(C) Nos.7489, 7646, 35102, 35316,
36318, 36338, 36376, 36479, 36597,
36737, 37168, 37184, 37200,
37332, 37510 of 2024
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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.35102/2024 3/3 Order Date : 24-10-2024
APPENDIX OF WP(C) 35102/2024
Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.24/2017
DATED 07.11.2017 ISSUED BY THE DISTRICT ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY; KANNUR
Exhibit P2 TRUE COPY OF THE QUARRYING LEASE IN FORM H DATED
20.05.2019 EXECUTED BETWEEN THE 5TH RESPONDENT AND
PETITIONER
Exhibit P3 TRUE COPY OF THE STOCK REPORT OF KAN.QL/2016/3 (FILE
REF NO.14114) FROM 01.01.2009 TILL 04.09.2023
Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING NO.S.O.141(E),
DATED 15-1-2016 ISSUED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE NOTIFICATION NO.SO.190(E) DT.20-1-2016
CONSTITUTING DEIAA AND DEAC FOR ALL THE DISTRICTS OF
THE COUNTRY
Exhibit P6 TRUE COPY OF THE S.O.1807(E), DATED 12.04.2022 ISSUED
BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE PROCEEDINGS
NO.120/2023-24/MM/GS/DOKAN-DMG/1330/ 2023 -M DATED
10.10.2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL (PRINCIPAL BENCH) DATED 13-9-2018 IN
Exhibit P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE (IMPACT ASSESSMENT DIVISION)
Exhibit P10 TRUE COPY OF THE OFFICE MEMORANDUM DATED 03.11.2023
ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE (IMPACT ASSESSMENT DIVISION)
Exhibit P11 TRUE COPY OF THE ONLINE RECEIPT ISSUED TO THE
PETITIONER EVIDENCING FILING OF APPLICATION IN PARIVESH
PORTAL DATED 22.12.2023
Exhibit P12 TRUE COPY OF THE INTIMATION RECEIVED BY THE PETITIONER
ALONG WITH THE CLARIFICATION SOUGHT FOR BY THE 5TH
RESPONDENT
Exhibit P13 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P14 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024
