Kerala High Court
M/S.Concrete Aggregates Industries vs State Level Environment Impact ... on 11 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.32360/2024 1/4 Order Date : 11-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
WP(C) NO. 32360 OF 2024
PETITIONER:
M/S.CONCRETE AGGREGATES INDUSTRIES KUMMANODU, PATTIMATTOM P.O.,
ERNAKULAM DISTRICT, REPRESENTED BY ITS PARTNER, REJI M.KURIAKOSE,
PIN - 683562
RESPONDENTS:
1. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) 4
TH FLOOR, KSRTC BUS TERMINAL COMPLEX, TRIVANDRUM REPRESENTED BY ITS
MEMBER SECRETARY., PIN - 695001
2. STATE EXPERT APPRAISAL COMMITTEE (SEAC) 4 TH FLOOR, KSRTC BUS
TERMINAL COMPLEX,TRIVANDRUM REPRESENTED BY ITS CHAIRMAN, PIN -
695001
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
SECRETARIAT, TRIVANDRUM, 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 1) for the reasons stated in the writ petition and in the
accompanying affidavit it is most humbly prayed that this hon'ble court
may be pleased to stay the operation of exts.p4, p18, p19, p19(a) and p20
and all proceedings in furtherance thereto, pending disposal of the above
writ petition. 2) direct the respondents to process ext.p1 application for
environmental clearance without referring to exts.p4, p18, p19, p19(a) and
p20/without insisting the compliance of exts.p4, p18, p19, p19(a) and p20,
forthwith, pending disposal of the above 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. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC, Advocates for
the petitioner, the court passed the following:
WP(C) No.32360/2024 2/4 Order Date : 11-09-2024
DR.KAUSER EDAPPAGATH, J.
========================
W.P.(C) No. 32360 of 2024
========================
Dated this, the 11th day of September, 2024
ORDER
Admit.
2. Heard the learned counsel for the petitioner, the
learned Standing Counsel for respondent Nos.1 and 2 and the
learned learned Government Pleader for the 3rd respondent.
The respondents shall get instructions.
3. Post on 08.10.2024.
4. Till then, the direction in Ext.P19(a) to the authority to
proceed as per the decision of 125 th SEIAA meeting and
convey the same to the project proponent shall stand stayed.
Similarly, in view of Ext.P21 interim order of the Hon'ble
Supreme Court, the direction in Ext.P20 to the petitioner to
submit the damage assessment and remediation plan in
accordance with norms as per SoP dated 07.07.2021 also shall
stand stayed till the next posting date.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
WP(C) No.32360/2024 3/4 Order Date : 11-09-2024
APPENDIX OF WP(C) 32360/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLEARANCE
DATED NIL
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF 139
TH MEETING OF THE 2 ND RESPONDENT HELD ON 3 RD TO 4 TH
MARCH, 2023
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 24-3-2023
SUBMITTED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE
125 TH MEETING OF THE 1 ST RESPONDENT WHICH HELD ON 28
TH AND 29 TH MARCH, 2023
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRY LEASE,
WHICH WAS EXECUTED ON 17-5-2006
Exhibit P6 TRUE COPY OF THE LICENSE DATED 4-4-2017 ISSUED BY THE
SECRETARY, KIZHAKKAMBALAM GRAMAPANCHAATFOR THE PERIOD
UP TO 31-3-2018
Exhibit P7 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE
POLLUTION CONTROL BOARD DATED 16-12-2015
Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF MINING PLAN APPROVED
BY THE COMPETENT AUTHORITY ON 24-2-2016
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED IN
RESPECT OF THE METAL CRUSHER UNIT FOR THE PERIOD 2017 -
2018, DATED 23-3- 2017
Exhibit P10 TRUE COPY OF THE ORDER DATED 2-12-2016, PASSED BY THE
HON'BLE SUPREME COURT
Exhibit P11 PHOTO OF THE SAID NOTICE, DATED 2-9-2017 AND A COPY OF
THE SAME
Exhibit P12 TRUE COPY OF THE CIRCULAR DATED 19-12-2016 ISSUED BY
THE DIRECTOR OF MINING & GEOLOGY
Exhibit P13 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.29474/2017, DATED 18-9-2017
Exhibit P14 TRUE COPY OF THE LETTER OF INTENT BEARING
NO.521/M3/2022, DATED 16-6-2023
Exhibit P15 TRUE COPY OF THE JUDGMENT PASSED BY THISHON'BLE COURT
IN W.P.(C) NO.21395/2023, DATED 8-2-2024
Exhibit P16 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER
BEFORE THE 1 ST RESPONDENT DATED NIL
Exhibit P17 TRUE COPY OF THE NOTES OF ARGUMENT SUBMITTED BY THE
PETITIONER DATED 3-6-2024,IS
Exhibit P18 TRUE COPY OF THE PROCEEDINGS BEARING
NO.1818/EC3/2020/SEIAA, DATED 12-8-2024 ISSUED BY THE 1
ST RESPONDENT AND ITS TYPED COPY
Exhibit P19 TRUE COPY OF THE RELEVANT PAGES OF THE 144 TH MEETING
OF THE 1 ST RESPONDENT WHICH HELD ON 28 TH AND 29 TH
JUNE, 2024
Exhibit P19(a) TRUE COPY OF THE PROCEEDINGS ORDER BEARING
NO.1818/EC3/2020/SEIAA, DATED 12- 8-2024
Exhibit P20 TRUE COPY OF THE RELEVANT PAGES OF 149 TH MEETING OF
THE 2 ND RESPONDENT WHICH HELD ON 21 ST AND 22 ND
AUGUST, 2023
Exhibit P20 (a) TRUE COPY OF THE QUARRYING PERMIT BEARING NO.73/1-
15/MM/C5/CRPS/DOE/3014/E2/14, DATED 16-6-2014
WP(C) No.32360/2024 4/4 Order Date : 11-09-2024
Exhibit P21 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE
SUPREME COURT IN VANASAKTHI V. UNION OF INDIA DATED
2-1-2024
Exhibit P21(a) TRUE COPY OF THE O.M. DATED 7-7-2021 PRESCRIBING THE
SOP
Exhibit P22 TRUE COPY OF THE JUDGMENT PASSED BY THE NATIONAL GREEN
Exhibit P23 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NO. 4643/2021
Exhibit P24 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE SUPREME
COURT IN THE REVIEW PETITION NO.1285/2021
Exhibit P25 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE SUPREME
COURT IN CIVIL APPEAL NO.892/2024, DATED 2-2-2024
Exhibit P26 TRUE COPY OF THE REPORTED VERSION OF THE JUDGMENT
REPORTED IN THE LAW JOURNAL KERALA LAW TIMES IN PETRA
CRUSHERS V. STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY (2024 (3) KLT 70)
Exhibit P27 TRUE COPY OF THE STAY ORDER DATED 12-4- 2024 IN
WP.(C)NO.6920/2024 PASSED BY THIS HON'BLE COURT
