Kerala High Court
Kabani Blue Metals Private Limited vs Union Of India on 13 January, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.35102/2024 1/3 Order Date : 13-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Monday, the 13th day of January 2025 / 23rd pousha, 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
6. ADDL.R6. NOBLE M PAIKADA, AGED 60 YEARS, S/O MANI PAIKADA, RESIDING
AT PAIKADA HOUSE, MANAKADAVU P.O, ALAKKODE, KANNUR DISTRICT - 670571
(IS IMPLEADED AS PER ORDER DATED 16-12-2024 IN IA 1/24 IN WPC
35102/2024)
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 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 V.M.KRISHNAKUMAR & P.R.REENA Advocates for the petitioner, M/S
V.HARISH, RAJAN VISHNURAJ Advocates for R6, the court passed the
following:
WP(C) No.35102/2024 2/3 Order Date : 13-01-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C) Nos. 7489/2024, 7646/2024, 35102/2024,
35316/2024, 36318/2024, 36338/2024, 36376/2024,
36479/2024, 36597/2024, 36737/2024, 37184/2024,
37200/2024, 37332/2024, 37504/2024, 37510/2024,
37841/2024, 37999/2024, 38083/2024, 38180/2024,
38195/2024, 38236/2024, 38333/2024, 38335/2024,
38380/2024, 38432/2024, 38452/2024, 38456/2024,
38501/2024, 38528/2024, 38623/2024, 38663/2024,
38669/2024, 38671/2024, 38809/2024, 38838/2024,
38863/2024, 39078/2024, 39124/2024, 39207/2024,
39214/2024, 39391/2024, 39452/2024, 39480/2024,
39617/2024, 39745/2024, 39749/2024, 39773/2024,
39786/2024, 39804/2024, 39869/2024, 39977/2024,
40022/2024, 40038/2024, 40050/2024, 40172/2024,
40258/2024, 40311/2024, 40361/2024, 40750/2024,
40755/2024, 40757/2024, 40758/2024, 40760/2024,
40763/2024, 40768/2024, 41719/2024, 42428/2024,
42579/2024, 42685/2024, 43486/2024 & 43510/2024.
Dated this the 13th day of January, 2025
--------------------------------------------
ORDER
Interim order is extended till 27.01.2025.
Post on 16.01.2025 along with connected cases.
H/o
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) No.35102/2024 3/3 Order Date : 13-01-2025
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
