Sakeer Hussain vs The Union Of India
2025 Latest Caselaw 4259 Ker

Kerala High Court

Sakeer Hussain vs The Union Of India on 19 February, 2025

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) No.41139/2023                     1/6                        Order Date : 19-02-2025

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
            Wednesday, the 19th day of February 2025 / 30th Magha, 1946
                              WP(C) NO. 41139 OF 2023
   PETITIONER:

          SAKEER HUSSAIN, AGED 51 YEARS S/O KUTTIMOIDHEEN HAJI, KODALIL HOUSE,
          PARAMMALANGADI P.O., MALAPPURAM, REPRESENTED BY HIS POWER OF
          ATTORNEY HOLDER SRI. BAIJU JOSEPH, AGED 50 YEARS, S/O T.K. JOSEPH,
          THEKKEKKARA HOUSE, MANNATHOOR P.O., MUVATTUPUZHA-686725

   RESPONDENTS:

      1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
         ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
         JORBAGH ROAD, NEW DELHI, PIN-110993
      2. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT
         OF ENVIRONMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001
      3. THE PRINCIPAL SECRETARY, DEPARTMENT OF MINING AND GEOLOGY,
         SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001
      4. THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR, PIN-670002
      5. THE DIRECTOR, MINING AND GEOLOGY, KESAVADASAPURAM,
         THIRUVANANTHAPURAM, PIN-695004
      6. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY
         ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
         THIRUVANANTHAPURAM, 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 stay the operation of Exhibit P38 and Exhibit P43 during the
   pendency of the above writ petition (civil). interim relief no 2: for the
   reasons stated in the above writ petition (civil), it is most humbly
   prayed that this hon'ble court may be pleased to direct the 1st respondent
   to issue movement permits in respect of Exhibit P5 quarry lease for
   further permissible period in the Exhibit P-6 mining plan, in the light of
   Exhibit P8 notification, irrespective of the rider in Exhibit P38 r/w
   Exhibit P43, during the pendency of the above writ petition (civil).


        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
   SRI. RENJITH THAMPAN (SR.) Advocate for the petitioner and of SRI.
   P.R.AJITH KUMAR, Advocate for R1, the court passed the following:
 WP(C) No.41139/2023                               2/6                               Order Date : 19-02-2025



                                       T.R.RAVI.J
                    -------------------------------------------------------
         WP(C) Nos.23150/2023, 24651/2023, 20454/2023, 24415/2023,
          1483/2023, 24292/2023, 25940/2023, 22689/2023, 20763/2023,
         23092/2023, 34423/2023, 30679/2022, 30948/2022, 28092/2022,
              4640/2024, 7763/2024, 8746/2024, 5714/2024, 9771/2024,
         15702/2024 , 32545/2023, 35764/2023, 31513/2023, 25208/2023,
          23808/2024, 22785/2023, 5091/2024, 10493/2024, 12496/2024,
         29463/2023, 28683/2023, 27864/2023, 26430/2023, 20597/2023,
         16933/2023, 34489/2022, 23309/2023, 41698/2022, 18280/2022,
           5618/2023, 26690/2023, 5877/2023, 22497/2022, 20610/2023,
            7913/2024, 8289/2024, 6220/2024, 11873/2024, 12765/2024,
         14635/2022, 17295/2022, 18517/2022, 18661/2022, 19043/2022,
         19160/2022, 19551/2022, 23687/2022, 24175/2022, 25721/2022,
         25905/2022, 26121/2022, 30952/2022, 30954/2022, 31651/2022,
            31717/2022, 2053/2023, 33243/2023, 3758/2024, 4878/2024,
             5198/2024, 5563/2024, 7516/2024, 9594/2024, 13737/2024,
         21091/2024, 22734/2024, 26136/2022, 42123/2022, 12957/2024,
         21543/2023, 23685/2023, 24919/2023, 27182/2023, 28218/2023,
           28223/2023, 30474/2024, 18053/2023, 8639/2023, 4900/2023,
         32755/2022, 14264/2022, 34722/2022, 30518/2023, 32798/2023,
            4656/2024, 41139/2023, 7080/2024, 5162/2023, 30027/2024,
             14936/2024, 15677/2024, 5199/2025, 5438/2025 & WP(C)
                                     No.40727/2024
                         --------------------------------------------------------
                      Dated this the 19th day of February, 2025

                                             ORDER

When the case is taken up today, the counsel for the

SEIAA submitted that he has been instructed to submit

that where the completion of the application becomes

impossible for the reason that certain queries cannot be

answered, all that is to be done is to make an entry 'Nil' WP(C) No.41139/2023 3/6 Order Date : 19-02-2025

WP(C) NO.23150 of 2023 and conn.cases

and the portal will permit further entries to be filled up.

This submission is recorded. The officers who appeared

through video conferencing also confirmed the above

aspect.

In the above circumstances, the petitioners may

complete the filling up of the reappraisal forms by entering

'Nil', with respect to those queries which cannot be

answered and proceed with the completion of the form. In

cases where there is already a rejection for non-supply of

details of ToR, the petitioners may approach the SEIAA and

it is submitted that necessary corrections can be done to

facilitate their completing the filling up of the reappraisal

form.

Post on 27.02.2025.

Sd/-

T.R.RAVI

JUDGE LEK WP(C) No.41139/2023 4/6 Order Date : 19-02-2025

APPENDIX OF WP(C) 41139/2023 Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE, BEARING NO.

DEIAA/MAL/EC/043/2017, DATED 23/01/2018 FROM THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, MALAPPURAM.

Exhibit P2 TRUE COPY OF THE EXPLOSIVE LICENSE BEARING NO.

E/SE/KL/22/14 (E84949), DATED 31/05/2023. Exhibit P3 TRUE COPY OF THE CONSENT VARIATION ORDER, ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD AS PER CONSENT BEARING FILE NO. KSPCB/MA/ICO/10013031/VAR/2022, DATED 08/03/2023.

Exhibit P4 TRUE COPY OF THE LATEST TRADE LICENCE, DATED 01/04/2023 BEARING NO. B2-B2-2298/23/2023-24. Exhibit P5 TRUE COPY OF THE MINING LEASE FROM 25/03/2022 TO 24/03/2034.

Exhibit P6 TRUE COPY OF RELEVANT PAGES OF THE APPROVED MINING PLAN, DATED 22/10/2017.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 02/11/2020 IN MATHEW ABRAHAM V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (REPORTED IN 2020 (6) KLT 302). Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 12/04/2022 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 18/01/2021 BEARING NO. S.O.221(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P10 TRUE COPY OF THE ORDER, DATED 13/07/2023 IN W.P.(C) NO.

22795/2023 OF THIS HON'BLE COURT.

Exhibit P11 TRUE COPY OF THE OFFICE MEMORANDUM DATED 13/12/2022 BEARING NO. F.NO.1A3-22/28/2022-1A.111[E 181584]. Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 14/09/2006 BEARING NO. S.O. 1533(E) ISSUED BY THE MINSTRY OF ENVIRONMENT AND FOREST.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 27/02/2012 IN DEEPAK KUMAR V. STATE OF HARIYANA.

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 22/09/2015 BEARING NO. S.O. 2588(E) ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.

Exhibit P15 TRUE COPY OF THE EIA NOTIFICATION BEARING NO. S.O. 141 (E) DATED 15/01/2016 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P16 TRUE COPY OF THE COMMON ORDER, DATED 13/09/2018 IN O.A. NO. 186/2016 BY NGT PRINCIPAL BENCH, NEW DELHI. Exhibit P17 TRUE COPY OF THE R.P. NO. 47/2018 IN O.A. NO. 200/2016 AND O.A. NO. 405/2016 ON THE FILES OF THE NGT, PRINCIPAL BENCH.

Exhibit P18 TRUE COPY OF THE ORDER DATED 11/12/2018 IN E.A. NO.

55/2018 IN O.A. NO. 520/2016 BY THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P19 TRUE COPY OF THE ORDER DATED 31/01/2020 BY THE HON'BLE APEX COURT.

Exhibit P20 TRUE COPY OF THE ORDER DATED 19/05/2020 IN THE SAID CIVIL APPEAL DIARY NO. 6611/2020.

WP(C) No.41139/2023 5/6 Order Date : 19-02-2025

Exhibit P21 TRUE COPY OF OFFICE MEMORANDUM DATED 12/12/2018 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE.

Exhibit P22 TRUE COPY OF THE COMPLAINT OA 142 /2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI Exhibit P23 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 31/01/2023 FILED BY MOEF & CC IN O.A. NO. 142/2022 BEFORE THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P24 TRUE COPY OF THE ORDER DATED 28/02/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P25 TRUE COPY OF THE ORDER DATED 04/07/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P26 TRUE COPY OF THE ORDER DATED 15/07/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P27 TRUE COPY OF THE ORDER, DATED 21/07/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P28 TRUE COPY OF THE ORDER DATED 04/08/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P29 TRUE COPY OF THE ORDER, DATED 22/08/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P30 TRUE COPY OF THE ORDER DATED 02/09/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P31 TRUE COPY OF THE ORDER DATED 08/09/2022 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P32 TRUE COPY OF THE ORDER DATED 07/12/2022 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P33 TRUE COPY OF THE ORDER, DATED 09/02/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P34 TRUE COPY OF THE ORDER, DATED 25/04/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P35 TRUE COPY OF THE ORDER, DATED 15/05/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P36 TRUE COPY OF THE ORDER, DATED 22/05/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

Exhibit P37 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY MOEF IN THE MONTH OF MAY, 2023 Exhibit P38 TRUE COPY OF THE OM DATED 28/04/2023 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. Exhibit P39 TRUE COPY OF THE ORDER, DATED 30/05/2023 IN OA 142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI. Exhibit P40 TRUE COPY OF THE ORDER, DATED 21/07/2023 IN OA 142/2022ON THE FILES OF THE NGT PRINCIPAL BENCH AT NEW DELHI.

WP(C) No.41139/2023 6/6 Order Date : 19-02-2025

Exhibit P41 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION HELD ON 30TH AND 31ST MAY, 2023 OF THE 6TH RESPONDENT. Exhibit P42 TRUE COPY OF THE ADDITIONAL AFFIDAVIT (WITHOUT ANNEXURE), DATED 13/10/2023, SUBMITTED BY THE BY MOEF. Exhibit P43 TRUE COPY OF THE OFFICE MEMORANDUM, DATED 03/11/2023. Exhibit P44 TRUE COPY OF THE DISTRICT SURVEY REPORT AS A SAMPLE SURVEY REPORT IN RESPECT OF KOTTAYAM DISTRICT. Exhibit P45 TRUE PRINT OUT OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT HELD ON 05/08/2023.

Exhibit P46 TRUE COPY OF THE OFFICE MEMORANDUM, DATED 15/12/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P47 TRUE COPY OF THE OFFICE MEMORANDUM DATED 20/04/2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P48 TRUE COPY OF THE NOTIFICATION DATED 20/04/2022 BEARING NO. SO1886 (E) ISSUED BY THE 1ST RESPONDENT. Exhibit P49 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO. 81 OF 2011 DATED 02/08/2022 IN S. KULDEEP SINGH V. S. PRITHPAL SINGH REPORTED IN AIR 2022 SC 3967. Exhibit P50 TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN W.P.(C) NO. 35855/2022 PASSED BY THIS HON'BLE COURT. Exhibit P51 TRUE COPY OF THE ORDER DATED 22/09/2023, PASSED BY THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONE BENCH AT BHOPAL. Exhibit P52 TRUE COPY OF THE JUDGMENT DATED 24/01/2018 IN WPC 27363 OF 2017 (THE PARISTHITHY SAMRAKSHANA JANAKEEYA SAMITHY V. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2018 SCC ONLINE KER 5733 Exhibit P53 TRUE COPY OF THE JUDGMENT DATED 28/02/2018 IN WA 398 OF 2018 (K.M. JOY V. THE PARISTHITHY SAMRAKSHANA JANAKEEYA SAMITHY) PASSED BY THIS HON'BLE COURT. Exhibit P54 TRUE COPY OF THE JUDGMENT, DATED 02/03/2020 IN WPC 6149 OF 2020 (MARATH ENTERPRISES AND CRUSHERS PVT. LTD. V. STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY) REPORTED IN 2020 SCC ONLINE KER 2978.

Exhibit P55 TRUE COPY OF THE O.M. DATED 15/01/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P56 TRUE COPY OF THE ORDER DATED 18/04/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT, PRINCIPAL BENCH, NEW DELHI.

Exhibit P57 TRUE COPY OF THE O.M. DATED 15/03/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P58 TRUE COPY OF THE O.M. DATED 07/05/2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P59 TRUE COPY OF THE ORDER DATED 08/08/2024 IN O.A. NO.

142/2022 ON THE FILES OF THE NGT PRINCIPAL BENCH, NEW DELHI.

Exhibit P60 TRUE COPY OF THE OFFICE MEMORANDUM DATED 14/10/2024 ISSUED BY THE 1ST RESPONDENT.