Kerala High Court
Saji Mathew vs The Geologist on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.25940/2023 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. 25940 OF 2023
PETITIONER:
SAJI MATHEW, AGED 36 YEARS, S/O. MATHEW, VAZHAKAMALAYIL HOUSE,
CHERUKAD POST, KOORACHUND, KOZHIKODE, PIN-673527
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
KOZHIKODE, PIN-673020
2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P.O., TRIVANDRUM, PIN-695004
3. THE SECRETARY, KOORACHUND GRAMA PANCHAYAT, KOORACHUND P.O.,
KOZHIKODE, PIN-673527
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, 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
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 3rd respondent to renew the D & O license (Ext.P6
application), provisionally by extending the benefit of Ext. P2 amendment
2. direct the respondents 1 and 2, to renew quarrying permit by extending
the benefit of S.O. 221 ( E ) dated 18/01/2021;
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
01-07-2024 and upon hearing the arguments of M/S. PHILIP J. VETTICKATTU,
SAJITHA GEORGE & NEENU BERNATH, Advocates for the petitioner, and of SHRI.
JAGADEESH LAKSHMAN, CENTRAL GOVERNMENT COUNSEL for R5, the court passed
the following:
WP(C) No.25940/2023 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.25940/2023 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.25940/2023 4/4 Order Date : 24-10-2024
APPENDIX OF WP(C) 25940/2023
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DATED
12/03/2018, WITH A VALIDITY OF 5 YEARS IE. UPTO
11/03/2023,
Exhibit P2 TRUE COPY OF NOTIFICATION BEARING NO.S.O.221(E), DATED
18-1-2021
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINING PLAN,
WITH THE ENDORSEMENT "APPROVED" AND SHOWING THE
MINEABLE QUANTITIES APPROVED FOR A PERIOD OF 5 YEARS,
DATED 18/01/2018
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/ SC/KL/22/1254 (E 62048) ISSUED
IN FAVOR OF THE PETITIONER, DATED 31/07/2023, WITH A
VALIDITY UPTO 31/03/2028,
Exhibit P5 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD, BEARING
NO.KSPCB/KZ/ICO/10023015/ VAR/2023 DATED06/04/2023,
WITH A VALIDITY UPTO 11/03/2024,
Exhibit P6 TRUE COPY OF THE LICENSE BEARING NO. J.C.5-1563/2022
-23/135 ISSUED BY THE SECRETARY, KOORACHUND GRAMA
PANCHAYAT, DATED 30/05/2022, WITH A VALIDITY UPTO
31/3/2023,
Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER, SANS ACKNOWLEDGMENT RECEIPT DATED
25/02/2023,
Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE 4 TH RESPONDENT
TO THE PETITIONER, DATED 22/05/2023
Exhibit P9 TRUE COPY OF THE QUARRYING PERMIT NO.
12/2018-19/QP/GS/DOZ/M-2889/18, DATED 31/10/2018, VALID
UPTO 02/05/2019,
Exhibit P10 TRUE COPY OF THE MOVEMENT PERMIT BEARING NO.
KOZ/QP/2019/7/ MP/3/ 2019/ 27970 DATED 14/09/2019,
WHICH IS VALID TILL 28/10/2019
Exhibit P11 TRUE COPY OF THE JUDGMENT PASSED IN WP(C) NO.
35712/2022 DATED 02/03/2023
Exhibit P12 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 1 ST
RESPONDENT DATED 3/7/2023
Exhibit P13 TRUE COPY OF THE SCREEN SHOT OF FLASH MESSAGE GENERATED
IN THE WEB PORTAL OF SEIAA
Exhibit P14 TRUE COPY OF THE JUDGMENT IN WP(C) 16764/2023 DATED
03-07-2023
