Kerala High Court
Muhammed Ismail Makki vs Union Of India on 30 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38195/2024 1/3 Order Date : 30-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
WP(C) NO. 38195 OF 2024
PETITIONER:
MUHAMMED ISMAIL MAKKI, AGED 50 YEARS, S/O. MOIDEEN HAJI,
ANAPPARAKKAL HOUSE, UNNIKULAM POST, KOZHIKODE, PIN - 673574.
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,
INDIRA PARIYAVARANBHAVAN, JORBHAG ROAD, NEW DELHI REPRESENTED BY ITS
SECRETARY, PIN - 110993.
2. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA REPRESENTED
BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001.
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
INDUSTRIES SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
4. THE DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE
P.O.,THIRUVANANTHAPURAM, PIN - 695004.
5. GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, THE BAY
END FLOOR, 'C' BLOCK OF CIVIL STATION, KOZHIKODE, PIN - 673020.
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 :- 1) stay the operation of ext. p12 and p13 to the
extent it directs that the mining by lease holders who have been granted
environmental clearance by district authority shall not be allowed to
operate, if no appraisal/ reappraisal is made by state authority within 3
months from the date of ext. p12. 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 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.N.ANAND, RAJESH O.N. & ROY ANTONY, Advocates for the petitioner, the
court passed the following:
WP(C) No.38195/2024 2/3 Order Date : 30-10-2024
DR.KAUSER EDAPPAGATH, J.
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W.P.(C) Nos.38083, 38180 &
38195 of 2024
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Dated this the 30th 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 01.11.2024 along with W.P.(C) No.7489/2024
and connected cases. Treat these cases as part heard.
Sd/-
H/o. DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) No.38195/2024 3/3 Order Date : 30-10-2024
APPENDIX OF WP(C) 38195/2024
Exhibit-P1 TRUE COPY OF THE LEASE DEED DATED 12.06.2019 EXECUTED
BETWEEN THE STATE GOVERNMENT AND THE PETITIONER
Exhibit-P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE
DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KOZHIKODE DATED 06.09.2018 IN NO.
108/DEIAA/KL/MIN/14786/2018
Exhibit-P3 TRUE COPY OF THE NOTIFICATION BEARING NO. S.O.141(E)
DATED 15.01.2016 ISSUED BY THE 1ST RESPONDENT
Exhibit-P4 TRUE COPY OF THE NOTIFICATION NO.SO.190(E) DATED
20.01.2016 ISSUED BY RESPONDENT NO.1
Exhibit-P5 TRUE COPY OF THE S.O. 1807(E) DATED 12.04.2022 ISSUED
BY THE 1ST RESPONDENT
Exhibit-P6 TRUE COPY OF ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL (PRINCIPAL BENCH) DATED 13.09.2018 IN O.A.
Exhibit-P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023
ISSUED BY 1ST RESPONDENT
Exhibit-P8 TRUE COPY OF THE OM DATED 03.11.2023 ISSUED BY 1ST
RESPONDENT
Exhibit-P9 TRUE COPY OF THE ORDER DATED 19.04 .2024 PASSED BY THIS
HON'BLE COURT IN WP(C) NO. 14936 OF 2024
Exhibit-P10 TRUE COPY OF THE SOP DATED 15.01.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit-P11 TRUE COPY OF THE O.M. DATED 15.03.2024 ISSUED BY 1ST
RESPONDENT
Exhibit-P12 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A.
142/2022, DATED 08.08.2024
Exhibit-P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14.10.2024
ISSUED BY RESPONDENT NO.1
Exhibit-P14 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 19143/2024 DATED 12.08.2024
Exhibit-P15 TRUE COPY OF THE ORDER DATED 30.08.2024 PASSED BY THIS
HON'BLE COURT IN I.A. NO. 6 IN W.P.(C) NO.14936 OF 2024
Exhibit-P16 TRUE COPY OF THE ORDER DATED 24.10.2024 PASSED BY THIS
HON'BLE COURT IN W.P.(C) NO. 37510 OF 2024
