Kerala High Court
Sunil Mathew vs State Environment Impact Assessment ... on 10 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 10TH DAY OF MARCH 2025/19TH PHALGUNA, 1946
WP(C) NO. 12684 OF 2024
PETITIONERS:
1 WILSON K. JOHN,
AGED 55 YEARS
S/O. YOHANNAN K.V.,
KARTHULLIL (H),
PIRAMADOM, PAMPAKUDA,
ERNAKULAM, PIN - 686667
2 THOMAS THADATHIL,
AGED 59 YEARS
S/O. SKARIA, THADATHIL (H), PAMPAKUDA P.O,
ERNAKULAM DISTRICT,
PIN - 686667
3 E.V. PHILIP,
AGED 69 YEARS
S/O. VARKEY, ERATTIYANICKAL (H),
NORTH PIRAMADAM P.O, PAMPAKUDA,
ERNAKULAM DISTRICT,
PIN - 686667
4 BABY JOSEPH,
AGED 62 YEARS
S/O. JOSEPH VARGHESE, ELICHIRAYIL (H),
ANCHALPETTY P.O, PAMPAKUDA,
ERNAKULAM DISTRICT,
PIN - 686667
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
2
5 MATHEW T. C.,
AGED 58 YEARS
S/O. CHACKO, THADATHIL HOUSE, NORTH
PIRAMADOM.P.O., MEMURI,
ERNAKULAM DISTRICT, PIN - 686667
6 PAULOSE P.U.,
AGED 71 YEARS
S/O. ULAHANNAN, POTTAKKAL KUNNUMMEL (H),
CHETTIKANDOM, PAMPAKUDA.P.O.,
ERNAKULAM DISTRICT, PIN - 686667
BY ADVS.
SRI PAUL ABRAHAM VAKKANAL
SRI ABRAHAM VAKKANAL (SR.)
MS. VINEETHA SUSAN THOMAS
RESPONDENT/S:
1 THE JOINT SECRETARY, INDUSTRIES DEPARTMENT,
SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
CIVIL STATION, KAKKANADU P.O.,
KOCHI, PIN - 682030
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
GANDHI NAGAR,
ERNAKULAM, PIN - 682020
4 M/S ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.,
CHERANALLOOR, NEAR GOVT. PUBLIC HEALTH CENTRE,
CHERANALLOOR.P.O., ERNAKLULAM,
REPRESENTED BY ITS PROJECT DIRECTOR -
MR. A.K.JHA, PIN - 682034
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
3
5 DR. ARUN GEORGE,
S/O. GEORGE, MANGALATHUPUTHENPURAYIL,
ANCHELPETTY.P.O., PAMPAKUDA, ERNAKULAM DISTRICT,
PIN - 686667
6 GEORGE KULIRANKAL,
MANGALATHUPUTHENPURA,
MARKET ROAD, THODUPUZHA,
PIN - 685584
7 VARGHESE MANI
S/O MANI, MANGALATHU,
POTTAYIL LANE,
M.G.ROAD,
THRISSUR., PIN - 680004
8 TOM KURIAKOSE
S/O VARKEY KURIAKOSE,
MANGALATHU HOUSE,
ELAMAKKARA.P.O.,
EDAPPALLY SOUTH VILLAGE,
ERNAKULAM DISTRICT,
PIN - 682026
9 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA)
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL BUILDING,
THAMPANOOR,
THIRUVANANTHAPURAM.,
PIN - 685001
10 CHAIRMAN (DISTRICT COLLECTOR)
DISTRICT DISASTER MANAGEMENT AUTHORITY,
ERNAKULAM,
CIVIL STATION,
KAKKANAD,
KERALA., PIN - 682020
11 PAMPAKUDA GRAMA PANCHAYAT
PAMPAKUDA P.O,
ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY.,
PIN - 686667
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
4
12 ADDL.R12: THE NATIONAL HIGHWAY AUTHORITY OF
INDIA,
REPRESENTED BY ITS CHAIRMAN,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
G5 AND 6,
SECTOR 10, DWARAKA,
NEW DELHI-110 075
(IS SUO MOTU IMPLEADED AS PER ORDER DATED
31.05.2024 IN WP(C))
BY ADVS.
SRI P.M.ZIRAJ
SRI GEORGE ABRAHAM
SRI JIBU P THOMAS
SRI JOBY D JOSEPH(K/000093/2019)
MS.MARY CATHERINE PRIYANKA P.S.(K/319/2015)
SRI IRFAN ZIRAJ
SRI M.P.SREEKRISHNAN (SC)
SRI T.NAVEEN (SC)
SRI P.S.APPU, GOVT.PLEADER
SRI K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.02.2025, ALONG WITH WP(C).13596/2024 & 32704/2024,
THE COURT ON 10.03.2025 DELIVERED THE FOLLOWING:
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 10TH DAY OF MARCH 2025/19TH PHALGUNA, 1946
WP(C) NO. 13596 OF 2024
PETITIONERS:
1 AYYAPPAN M.A.,
AGED 58 YEARS
S/O. AYYAPPAN, MADAKAPPALLI,
B.K. PURAM P.O., VENKIDA,
ERNAKULAM DISTRICT, PIN - 682308
2 NIVIN T.S.,
AGED 23 YEARS
S/O. SURESH T.K.,
THATTRUKUZHIL HOUSE, B.K. PURAM P.O.,
VENKIDA, ERNAKULAM DISTRICT,
PIN - 682308
BY ADVS.
SRI BIJU .C. ABRAHAM
SRI THOMAS C.ABRAHAM
SRI BASIL MATHEW
RESPONDENTS:
1 THE KERALA STATE POLLUTION CONTROL BOARD,
TC 12/96 (4,5), REPRESENTED BY ITS CHAIRMAN,
PLAMOODU, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
6
2 THE DISTRICT COLLECTOR,
COLLECTORATE,
KAKKANAD,
ERNAKULAM DISTRICT,
PIN - 682030
3 THE DIRECTOR,
MINING AND GEOLOGY DIRECTORATE,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
SEAPORT - AIRPORT ROAD, CIVIL STATION,
THRIKKAKARA, KAKKANAD,
KOCHI, PIN - 682030
5 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
KADAVANTHARA, MIG AND HIG COLONY,
ELAMKULAM, ERNAKULAM DISTRICT,
PIN - 682020
6 THE THIRUVANIYOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
THIRUVANIYOOR - MANEED ROAD,
THIRUVANIYOOR,
ERNAKULAM DISTRICT,
PIN - 682308
7 MARY VARGHESE,
KAVUMUGAL HOUSE,
MURIMATTATHIL,
POOTHRIKKA POST,
THIRUVANIYOOR,
ERNAKULAM DISTRICT,
PIN - 682308
8 M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.,
CHERANALLOOR, NEAR GOVERNMENT PUBLIC HEALTH
CENTRE, CHERANALLOOR P.O.,
ERNAKULAM DISTRICT,
PIN - 683544
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
7
ADDL R9. THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, G 5 AND
6, SECTOR 10, DWARKA, NEW DELHI - 110075
[IS SUO MOTU IMPLEADED AS PER ORDER DATED
20.05.2024 IN WP(C) 13596/2024]
BY ADVS.
SRI K.S.ARUN KUMAR
SRI P.M.ZIRAJ
SRI IRFAN ZIRAJ
SRI P.S.APPU, GOVT.PLEADER
SRI T.NAVEEN (SC)
SRI K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.02.2025, ALONG WITH WP(C)NOS.12684/2024 AND
32704/2024, THE COURT ON 10.03.2025 DELIVERED THE
FOLLOWING:
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 10TH DAY OF MARCH 2025/19TH PHALGUNA, 1946
WP(C) NO. 32704 OF 2024
PETITIONERS:
1 SUNIL MATHEW,
AGED 56 YEARS
S/O MATHAI, EDAPPALAKATTU (H), PIRAMADOM P.O.,
PAMPAKUDA, ERNAKULAM, PIN - 686667
2 SREEKANTH N.N.,
AGED 45 YEARS
S/O NANDANAN, NELLIKUZHIKATTU (H),ONAKKOOR P.O.,
PAMPAKUDA, ERNAKULAM, PIN - 686667
3 WILSON K JOHN,
AGED 55 YEARS
S/O YOHANNAN K V, KARTHULLIL (H), PIRAMADOM,
PAMPAKUDA, ERNAKULAM, PIN - 686667
BY ADVS.
SRI PAUL ABRAHAM VAKKANAL
SRI ABRAHAM VAKKANAL (SR.)
MS.VINEETHA SUSAN THOMAS
SRI ANIRUDH INDUKALADHARAN
SRI JEEVAN BABU
RESPONDENTS:
1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
9
THIRUVANANTHAPURAM, PIN - 685001
2 DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, KERALA.,
PIN - 682030
3 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
CIVIL STATION, KAKKANADU P.O., KOCHI.,
PIN - 682030
4 THE STATION HOUSE OFFICER,
RAMAMANGALAM POLICE STATION,
RAMAMANGALAM - THODUPUZHA ROAD, RAMAMANGALAM,
ERNAKULAM, PIN - 686663
5 PAMPAKUDA GRAMA PANCHAYAT,
PAMPAKUDA P.O, ERNAKULAM, REPRESENTED BY ITS
SECRETARY., PIN - 686667
6 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, GANDHI
NAGAR, ERNAKULAM., PIN - 682020
7 THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, G5 AND
6, SECTOR 10, DWARAKA, NEW DELHI, REPRESENTED BY
ITS CHAIRMAN., PIN - 110075
8 M/S ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.,
CHERANALLOOR, NEAR GOVT. PUBLIC HEALTH CENTRE,
CHERANALLOOR.P.O., ERNAKLULAM, REPRESENTED BY ITS
PROJECT DIRECTOR- MR. .K.JHA., PIN - 682034
9 PAUL JACOB,
MAREKKATTU HOUSE, MEMMURY VILLAGE, PAMPAKUDA
P.O., ERNAKULAM DISTRICT., PIN - 686667
10 MARY PAUL
W/O PAUL JACOB, MAREKKATTU HOUSE, MEMMURY
VILLAGE, PAMPAKUDA P.O., ERNAKULAM DISTRICT,
PIN - 686667
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
10
11 THANKAMMA ABRAHAM
W/O ABRAHAM, KARITHADATHIL HOUSE, PIRAVOM.P.O.,
ERNAKULAM DISTRICT., PIN - 686664
12 LEELAMMA PAULOSE,
W/O PAULOSE, PAVOODATH HOUSE, PANNIKKUZHI,
AIKKARANAD VILLAGE, PUTHENCRUZ P.O., ERNAKULAM
DISTRICT, PIN - 682308
13 AMMINI GEORGE,
W/O GEORGE, MADAPARAMBIL PUTHENPURA HOUSE,
PAMPAKUDA, PAMPAKUDA P.O., ERNAKULAM., PIN -
686667
14 ALICE ,
D/O ABRAHAM, KIZHAKKEDATH HOUSE, PAMPAKUDA,
PAMPAKUDA P.O., ERNAKULAM., PIN - 686667
BY ADVS.
SRI JIBU P THOMAS
SRI K.A.SALIL NARAYANAN
SRI M. AJAY
SRI PAUL K VARGHESE K
SRI ATUL SOHAN
SMT.A.A.GEETHA(K/227/2002)
SRI AJIN K. KURIAKOSE(K/001485/2023)
SRI V.P.PRASAD(K/40/2006)
SRI M.P.SREEKRISHNAN (SC)
SRI B.G.BIDAN CHANDRAN (SC)
SRI P.S.APPU, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.02.2025, ALONG WITH WP(C).12684/2024 & 13596/2024,
THE COURT ON 10.03.2025 DELIVERED THE FOLLOWING:
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
11
T.R. RAVI, J.
-------------------------------------
W.P.(C)Nos. 12684 of 2024, 13596 of 2024
& 32704 of 2024
--------------------------------------
Dated this the 10th day of March, 2025
JUDGMENT
W.P.(C)No.12684 of 2024 has been filed with the following
prayers :-
"i. Issue a Writ of certiorari or any other appropriate writ
or order quashing Exhibits P1, P2, P3, P4 and P5, in
the light of the law declared by the Hon'ble Supreme
Court in Ext.P8 judgment ;
ii. Declare that Exhibit P1 to P5 permits issued to
respondents 4 to 8 are non est and void in law, as
they have no valid EC, in the light of Ext.P8 judgment
of the Hon'ble Supreme Court ;
iii. Issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the respondents 1 & 2
to conduct a detailed enquiry and assessment
pertaining to the quarrying/mining done by
respondents 4 to 8 under the guise of the Ext.P1 to P5
permits and appropriate actions should be initiated
against the erring respondents 4 to 8 for the excessive
and illegal mining done by them;
iv. Petitioners also pray that this Hon'ble Court may be
pleased to dispense with the translation of the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
documents produced in the Vernacular Language ;
v. Grant such other reliefs which this Hon'ble Court may
deem just and proper to be granted on the facts and
circumstances of this case".
2. W.P.(C) No.13596 of 2024 has been filed with the
following prayers :-
"i. To issue a Writ of certiorari quashing Ext.P1 in the
light of the law declared by the Hon'ble Supreme Court
in Ext.P4 judgment ;
ii. To issue a declaration that Ext.P1 permit issued to
the 8th respondent is non est and void in law, as they
have no valid EC in the light of Ext.P4 judgment of the
Hon'ble Supreme Court ;
iii. Grant such other reliefs as this Hon'ble Court may
deem just and proper in the interest of justice,
including costs".
3. W.P.(C) No.32704 of 2024 has been filed with the
following prayers :-
"i. Issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the respondents 1 to
7 to ensure that no sort of excavation/mining/
quarrying of ordinary earth or any activities relating
thereto is permitted to be commenced or continued
by respondents 8 to 14 in the properties comprised in
-- (a) Property of Sri. Paul Jacob (R9) - admeasuring
2.28 acres (92.27 ares) comprised in Sy.No.969/4
and 969/9A-3 having TP No.3477 of Memmury
Village, Pampakuda Kara, Ernakulam District located
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
in Ward No.2 of Pampakuda Grama Panchayath; (b)
Property of Sri. Paul Jacob (R9) & Smt. Mary Paul
(R10) - admeasuring 3.24 acres (1.31.22 hectares)
comprised in Sy.No.962/1-2-2, 962/1-3-3, 962/1-1-
2, 962/1-2-2-2, having TP No.10645 and 10681 of
Memmury Village, Pampakuda Kara, Ernakulam
District located in Ward No.3 of Pampakuda Grama
Panchayath; (c) Property of Smt. Thankamma
Abraham (R11), admeasuring 2.24 acres (94.69 ares)
comprised in Sy.No.594/1-3 of Onakkoor Village,
Piramadom Kara, Ernakulam District located in Ward
No.4 of Pampakuda Grama Panchayath; (d) Property
of Smt. Leelamma Paulose (R12), admeasuring 2.23
acres (94.29 ares) comprised in Sy.No.594/1-3-2 of
Onakkoor Village, Piramadom Kara, Ernakulam
District located in Ward No.4 of Pampakuda Grama
Panchayath; (e) Property of Smt. Ammini George
(R13), admeasuring 2.23 acres (94.29 ares)
comprised in Sy.No.594/1-3-4 of Onakkoor Village,
Piramadom Kara, Ernakulam District located in Ward
No.4 of Pampakuda Grama Panchayath; and (f)
Property of Smt. Alice Baby (R14), admeasuring 2
acres (80.94 ares) comprised in Sy.No.594/1-3-3 of
Onakkoor Village, Piramadom Kara, Ernakulam
District located in Ward No.4 of Pampakuda Grama
Panchayath; without a valid Environmental Clearance
from the SEIAA (R1), in the light of Ext.P10 judgment
and Ext.P11 order of the Hon'ble Supreme Court ;
ii. Declare that no sort of excavation/mining/quarrying of
ordinary earth or any activities relating thereto can
be undertaken/commenced or continued in the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
properties comprised in -- (a) Property of Sri. Paul
Jacob (R9) - admeasuring 2.28 acres (92.27 ares)
comprised in Sy.No.969/4 and 969/9A- 3 having TP
No.3477 of Memmury Village, Pampakuda Kara,
Ernakulam District located in Ward No.2 of
Pampakuda Grama Panchayath ; (b) Property of Sri.
Paul Jacob (R9) & Smt. Mary Paul (R10) -
admeasuring 3.24 acres (1.31.22 hectares)
comprised in Sy.No.962/1-2-2, 962/1-3-3, 962/1-1-
2, 962/1-2-2-2, having TP No.10645 and 10681 of
Memmury Village, Pampakuda Kara, Ernakulam
District located in Ward No.3 of Pampakuda Grama
Panchayath; (c) Property of Smt. Thankamma
Abraham (R11), admeasuring 2.24 acres (94.69 ares)
comprised in Sy.No.594/1-3 of Onakkoor Village,
Piramadom Kara, Ernakulam District located in Ward
No.4 of Pampakuda Grama Panchayath; (d) Property
of Smt. Leelamma Paulose (R12), admeasuring 2.23
acres (94.29 ares) comprised in Sy.No.594/1-3-2 of
Onakkoor Village, Piramadom Kara, Ernakulam
District located in Ward No.4 of Pampakuda Grama
Panchayath; (e) Property of Smt. Ammini George
(R13), admeasuring 2.23 acres (94.29 ares)
comprised in Sy.No.594/1-3-4 of Onakkoor Village,
Piramadom Kara, Ernakulam District located in Ward
No.4 of Pampakuda Grama Panchayath; and (f)
Property of Smt. Alice Baby (R14), admeasuring 2
acres (80.94 ares) comprised in Sy.No.594/1-3-3 of
Onakkoor Village, Piramadom Kara, Ernakulam
District located in Ward No.4 of Pampakuda Grama
Panchayath; without a valid Environmental Clearance
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
from the SEIAA (R1) in the light of Ext.P10 judgment
and Ext.P11 order of the Hon'ble Supreme Court ;
iii. Issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the 3" respondent to
produce any permits or permissions, if any granted to
respondents 8 to 14 in respect of the properties of
respondents 9 to 14 which are located in Marekkattu
hills in Ward No.I| & Il and Piramadom Kizakedathu
hill located in Ward No.IV in Pampakuda Panchayath.
iv. Petitioners also pray that this Hon'ble Court may be
pleased to dispense with the translation of the
documents produced in the Vernacular Language;
v. Grant such other reliefs which this Hon'ble Court may
deem just and proper to be granted on the facts and
circumstances of this case".
4. The main issue involved in these cases is whether an
Environmental Clearance (EC) has to be obtained by the
concessionaires who have undertaken the work on behalf of the
National Highway Authority of India (NHAI) for quarry of
ordinary earth to be used for the development of the highway.
The petitioners in W.P.(C) Nos.12684 and 32704 of 2024 are
residents of Pampakkuda Panchayat in Ernakulam District
challenging mining activities in the said Panchayat and the
petitioners in W.P.(C) No.13596 of 2024 are residents of
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Thiruvaniyur Grama Panchayat, challenging mining activities in
the said Panchayat. The concessionaire in all these writ petitions
is the same and has been arrayed as 4th respondent in W.P.(C)
No.12684 of 2024 and as 8th respondent in W.P.(C)No.13596 of
2024 and W.P.(C)No.32704 of 2024. The concessionaire has
undertaken the construction activities of the National Highways
Project "Six Laning from Kodungallur to Edappally Section from
kilometer 379.750 to Km 423.780 of NH 66 (Old NH 17)". The
concessionaire is extracting ordinary earth based on agreements
entered into with the land owners. According to the petitioners,
these properties are situated several Kilometers away from the
area where the construction work of National Highway is going
on and it is a work which is incidental to the procurement of
materials for the construction work undertaken under the
concession agreement with the NHAI.
5. The issue arises as an offshoot of the orders issued
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
by the Hon'ble Supreme Court in Civil Appeal Nos.1628-1629
of 2021 [Noble M. Paikada Vs. Union of India]. The
Hon'ble Supreme Court was considering exemptions granted
from the requirement of taking an Environmental Clearance, in
the EIA notification 2006. The judgment of the Hon'ble
Supreme Court has been produced as Ext.P8 in W.P.
(C)No.12684 of 2024. Some basic facts required for deciding
these writ petitions are given below:
6. The Ministry of Environment and Forest ('MoEF' for
short) issued a notification on 14.09.2006 in exercise of
powers under sub-section (1) and clause 5 of sub-section (2)
of Section 3 of the Environmental Protection Act, 1986
(hereinafter referred to as "1986 Act"), read with Clause G of
sub-rule (3) of Rule 5 of the Environmental Protection Rules,
1986 (hereinafter referred to as "1986 Rules"). Ext.R8(G)
produced in W.P.(C)No.32704 of 2024 is a copy of the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
notification dated 14.9.2006. Clause 2 of Ext.R8(G) reads thus:-
"2. Requirements of prior Environmental Clearance
(EC):- The following projects or activities shall require
prior environmental clearance from the concerned
regulatory authority, which shall hereinafter referred to
be as the Central Government in the Ministry of
Environment and Forests for matters falling under
Category 'A' in the Schedule and at State level the State
Environment Impact Assessment Authority (SEIAA) for
matters falling under Category 'B' in the said Schedule,
before any construction work, or preparation of land by
the project management except for securing the land, is
started on the project or activity:
(i) All new projects or activities listed in the
Schedule to this notification;
ii) Expansion and modernization of existing
projects or activities listed in the Schedule to
this notification with addition of capacity
beyond the limits specified for the concerned
sector, that is, projects or activities which cross
the threshold limits given in the Schedule, after
expansion modernization; ог
(iii) Any change in product mix in an existing
manufacturing unit included in Schedule
beyond the specified range."
7. Clause 7(f) of the Schedule to the notification
included new National Highways and expansion of National
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Highways greater than 30 kms., involving an additional right of
way greater than 20 metres, and the general conditions laid
down in the notification were applicable.
8. By Ext.R8(I) notification dated 22.8.2013, Clause 7(f)
was modified by replacing 30 kms with 100 kms, and 20 metres
with 40 metres. Thereafter by Ext.R8(J) notification dated
15.1.2016, the notification was amended by introducing
exemptions in respect of 11 items stated in Appendix IX.
Ext.R8(J) was modified by Ext.R8(K) notification dated
28.3.2020 by including two other items and we are concerned in
these writ petitions with Entry 6 so included. Entry 6 reads
thus:-
"6. Extraction or sourcing or borrowing of ordinary earth
for the linear projects such as roads, pipelines, etc."
9. The inclusion of Entry 6 was the subject matter of
challenge before the Hon'ble Supreme Court in Noble M.
Paikada (supra) in Civil Appeals preferred against the order of
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
the National Green Tribunal. The National Green Tribunal in its
order had recorded a finding regarding Entry 6 in the following
manner:-
"8. The second issue is exemption from requirement of
EC for extraction or sourcing or borrowing of ordinary
earth for the linear projects such as roads, pipelines, etc
and for dredging and de-silting of dams, reservoirs,
weirs, barrages, river and canals for the purpose of their
maintenance, upkeep and disaster management. It is
possible to take a view that the EC can be exempted for
these situations on account assessment already made or
of for extraction of earth for linear project but such
blanket exemption must be balanced by sustainable
development concept. The exemption should strike
balance and instead of being blanket exemption, it needs
to be hedged by appropriate safeguards such as the
process of excavation and quantum. Similarly, in respect
of item 7, safeguards are required to be incorporated in
terms of disposal of dredged material. These aspects are
not shown to have been considered and the reply does
not provide any explanation thereon.
Learned counsel for the MoEFCC is also unable to provide
any justification why these aspects be not addressed and
incorporated in the notification for ensuring sustainable
development concept which is required to be enforced by
this Tribunal under section 20 read with section 15 of the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
NGT Act, 2010."
10. The Hon'ble Supreme Court, after considering the
entire issue, held that the inclusion of Item 6 in Appendix IX
was arbitrary and illegal. Ext.P10 in W.P.(C)No.32704 of 2024 is
a copy of the judgment of the Hon'ble Supreme Court. The NH
Authority applied to the Hon'ble Supreme Court, praying to
vacate the order regarding the removal of Item 6 from Appendix
IX. The Hon'ble Supreme Court considered the application and
on 15.05.2024 ordered as follows :-
"We have heard the learned Solicitor General appearing
for the applicant-National Highways Authority of India
(NHAI) and the learned senior counsel representing the
original appellant.
For the time being, we clarify that the projects for which
work orders were issued by the applicant-NHAI prior to
21st March, 2024 will remain unaffected by the judgment
dated 21st March, 2024.
However, we direct the applicant-NHAI to file an affidavit
giving a list of the projects for which the work orders
were issued prior to 21st March, 2024 and produce copies
of the work orders and other relevant documents
showing service of the work order on contractors within
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
a period of one month from today.
We clarify that the work orders which were issued prior
to 28th March, 2020 required Environment Clearance
and therefore, the clarification which we have issued
under this order will not apply to such work orders.
We make it again clear that we are not permitting the
work of all projects which are listed at Annexure A-3 to
continue. Only those works will continue where work
orders have been issued prior to 21st March, 2024.
Needless to add that in those cases where work order
has not been issued prior to 21st March, 2024., the
applicant-NHAI will be bound by the decision of this
Court dated 21st March, 2024.
For considering the compliance made by the applicant-
NHAI, list the application on 25th July, 2024 at
3.30 p.m."
11. Thereafter, the Hon'ble Supreme Court passed the
following order on 05.09,2024 :-
"As per the affidavit dated 4th July, 2024 filed by the
applicant-National Highways Authority of India (NHAI), it
appears that the projects which are mentioned from
serial nos.67 to 483 (both numbers inclusive) in
Annexure A-1 to the said affidavit were undertaken after
28th March, 2020 but prior to 21st March, 2024, in the
sense, that the work orders were issued during this
period. It is not even disputed by the appellant in the
Civil Appeals that during this period, the work which is
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
being carried out in terms of the work orders at serial
nos.67 to 483 did not require prior Environmental
Clearance. It is, therefore, obvious that only these
projects will remain unaffected by the final judgment
dated 21 March, 2024. If it is the contention of the
appellant that notwithstanding the fact that these
projects have commenced during the aforesaid period,
the applicant-NHAI must obtain Environmental
Clearance, it is for the appellant to take appropriate
proceedings in that behalf.
As far as the prayers (a) and (b) of IAD.No.135885/2024
are concerned, the same are beyond the scope of the
proceedings inasmuch as there is already a final
judgment in the Civil Appeals. As far as prayer (c) is
concerned, it is for the appellant to adopt appropriate
proceedings in accordance with law.
Hence, the applications are disposed of in the above
terms."
12. The counsel for the petitioners in W.P.(C)Nos.12684
and 32704 of 2024, Sri Paul Abraham Vakkanal submits that
once Entry 6 has been removed from Appendix IX, the
exemption ceases to apply for all linear projects such as roads,
pipelines, etc. It is hence submitted that any extraction of
ordinary earth for a linear project would require Environmental
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Clearance. It is submitted that the clarificatory orders issued by
the Hon'ble Supreme Court do not have the effect of reviving
the exemption that had been granted, in the case of works
relating to National Highways, and the benefit of the said orders
can be claimed only by the NHAI and not by the concessionaires
or sub-contractors involved in the work. In other words, what is
submitted is that any extraction of ordinary earth by a
concessionaire to procure raw materials for executing the
concession agreement with the NHAI must be after obtaining
Environmental Clearance. The counsel for the petitioners in W.P.
(C)No.13596 of 2024 endorsed the arguments of Sri Paul
Abraham Vakkanal.
13. Sri M.Ajay, the counsel appearing for the
concessionaire in W.P.(C)Nos.12684 and 32704 of 2024
contended that the Hon'ble Supreme Court had passed the
clarificatory orders, fully knowing that the NHAI implements the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
projects by engaging concessionaires and contractors, and
hence the clarification necessarily applies to the concessionaires
and contractors issued with work orders before 21.03.2024. In
support of this contention, the counsel for the respondents
submits that the Hon'ble Supreme Court had directed the NHAI
to file an affidavit giving the list of projects on which work
orders were issued before 21.03.2024 and the work entrusted
to the concessionaire before this Court is included in the list.
14. The counsel for the concessionaire further submitted
that the order of the Hon'ble Supreme Court has to be given a
meaning and to hold that the benefit of the order is not
available to the concessionaires entrusted the work between
28.03.2020 and 21.03.2024, would be to negate the effect of
the exemption as there is no work which is being carried out by
the NHAI directly. Sri P.M.Ziraj, appearing for the concessionaire
in W.P.(C)No.13596 of 2024, and the Standing Counsel for NHAI
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
in all these writ petitions, endorsed the arguments of Sri M.Ajay.
15. In the cases on hand, the letter accepting the bid and
directing execution of necessary agreements etc., in favour of
the concessionaire was issued as per Ext.R8(A) produced in W.P.
(C)No.32704 of 2024 on 28.12.2021. The Concession
Agreement between the NHAI and the concessionaire was
entered into on 14.3.2022 which is before 21.3.2024. On
3.11.2023, the concessionaire entered into a lease agreement
with the land owners for the excavation of ordinary earth in
Pampakuda Panchayat. The mining plan submitted by the
concessionaire was approved on 23.2.2024. Ext.R8(D) would
show that the quarrying permit was issued valid from 13.3.2024
to 12.9.2024. Ext.R8(E) is a quarrying permit for the period
from 28.2.2024 to 27.8.2024. Ext.R8(F) is another quarrying
permit from 13.9.2024 to March 2025. The mining plan
submitted by the concessionaire for the mining of ordinary earth
was approved on 23.02.2024. The movement permits for
removing the ordinary earth are seen to have been issued on
18.03.2024, with validity between 13.03.2024 and 12.09.2024.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
The movement permits have been issued by the Geologist for
removing the ordinary earth for carrying out the National
Highway work. It can be seen from the transit pass Ext.R8(E)
produced by the concessionaire, that the location of the quarry
is in Memury Village, Muvattupuzha Taluk, and the destination
(site of NH), is 50 Kms from the quarry. The quarrying permit
with regard to mining in Thiruvaniyoor Panchayat (Ext.P1 in W.P.
(C)No.13596 of 2024) was issued on 13.3.2024. The petitioners
contend that the exemption granted by the Hon'ble Court cannot
be misused by the concessionaire engaging in such quarrying
activities, without Environmental Clearance from SEIAA. It is
argued that the concession agreement between the NHAI and
the concessionaire cannot be equated to "work orders" referred
to in the order of the Hon'ble Supreme Court, or extended to
contracts entered into between the concessionaire and land
owners for quarrying earth. It is contended that the work order
relates to the development of the NH and not to excavation for
ordinary earth.
16. The contentions on either side can be summarised as
follows.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Sri Paul Abraham Vakkanal for petitioners:
(a) The order of the Hon'ble Supreme Court is only in
favour of the NHAI and not for any others.
(b) The clarificatory order only says about work orders
granted by the NHAI and does not refer to work
orders issued by concessionaires or contracts entered
into by concessionaires.
(c) No contractor has approached the Hon'ble Supreme
Court for any clarification.
(d) Sl.No.7F of the schedule of the EIA notification deals
with work relating to Highways and the contents
thereof are totally distinct from the contents in
Appendix IX.
(e) The exemption granted under Entry 6 is for extraction or
sourcing or borrowing of ordinary earth and the work
orders referred to in the clarificatory order can only relate
to work orders for extraction or sourcing or borrowing of
ordinary earth and cannot relate to work orders issued to
a concessionaire for carrying out the work of the National
Highways.
Sri M.Ajay appearing for the concessionaire:
(i) Several items in Appendix IX specifically speak about
the beneficiary of the exemption, except Entry 6,
which only says about extraction or sourcing or
borrowing of ordinary earth for linear projects. It is
hence submitted that what is material is the nature
of the project and not the identity of the beneficiary.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
(ii) Referring to Ext.R8(b) produced in W.P.(C)No.32704
of 2024 which is the list of projects submitted by the
NHAI before the Hon'ble Supreme Court, it is
submitted that Sl.No.216 in the list is the work which
the concessionaire in this case has undertaken and it
is hence submitted that going by the clarificatory
order, the entire work contained in Sl.No.216 of
Ext.R8(b) stands exempted whether or not it is
strictly carried out by the NHAI or through
concessionaire.
(iii) It is submitted that all works shown against
Sl.Nos.67 to 483 in the list stand exempted and the
concessionaire before this Court alone cannot be
denied the benefit when all over the country every
other work is exempted.
17. Referring to Ext.R8(b), it is submitted that the Joint
Committee had concluded that the proposed project does not
require Environmental Clearance. The obligation of the
concessionaire under the concession agreement is referred to,
to submit that the concessionaire is obliged to procure all the
materials for the work. However, it is to be noted that the
agreement also specifically says that the concessionaire shall
ensure and procure and that its contractors comply with all
applicable permits and applicable laws in the performance by
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
them of any of the concessionaire's obligations under the
agreement. It obliges the concessionaire to obtain all applicable
permits in conformity with the applicable laws.
CONSIDERATION:
18. In paragraph 25 of Ext.P10 judgment, the Hon'ble
Supreme Court held that the exemption granted as per Entry 6
is arbitrary. The Apex Court held that when an exception is
sought to be carved out, to the requirement of obtaining EC, the
exception should be specific. The Court held that Entry 6 does
not specify the quantum of ordinary earth, which can be
extracted, the area from where the earth can be extracted, and
whether only the quantity required for the linear project can be
extracted. The Court also noted that "linear projects" have not
been defined and that the process to be adopted for excavation
is not set out. The Court hence held that Entry 6 is a blanket
exception, completely unguided, which is per se arbitrary and
violative of Article 14 of the Constitution of India. It is also
pointed out that there is no authority to decide whether a
particular linear project is covered by Entry 6. The above
conclusions cannot be lost sight of while understanding the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
scope of the later clarifications issued by the Hon'ble Supreme
Court.
19. Clause 7(f) as amended lays down that the National
Highway project requires EC. Appendix IX spelt out exemptions
for linear projects, whether or not they are National Highway
projects. The exemption relating to the excavation of ordinary
earth has been struck down by the Hon'ble Supreme Court. All
that remains is how the clarificatory order has to be understood.
20. In M/s.Oriental Structural Engineers Private
Ltd. v. The Circle Inspector of Police & Ors. [WPC.34959
of 2024] filed by the concessionaire in these cases seeking
police protection for removal or ordinary earth, a learned Single
Judge of this Court considered the effect of the decision of the
Hon'ble Supreme Court in Noble M. Paikada (supra) and
rejected the argument of the concessionaire that Environmental
Clearance is not required. Paragraph No.10 of the said
judgment reads thus;
"10. The petitioner's contention is that, since the
work order for the subject project was issued
between 28.03.2020 and 21.03.2024, and removal
of ordinary earth being part of that project,
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
environment clearance is not required. The argument
is liable to be rejected, since the Apex Court has
clarified that, striking down of Item 6 of Appendix-IX
will not affect work orders issued by the NHAI
between 28.03.2020 and 21.03.2024. Even if it is
accepted that the work order in the instant case was
issued prior to 21.03.2024, Ext.P3 permit is issued
only on 12.09.2024. Therefore, as on the date of
issuance of Ext.P3, the exemption provided for
extraction of earth for linear projects was not in
existence. The clarificatory order does not also
resurrect the exemption granted to linear projects by
virtue of Item 6 of Appendix-IX. Moreover, Ext.P3
does not mention that the quarrying permit is
granted for carrying out the work awarded to the
petitioner by the NHAI as per Ext.P1. As submitted
by the learned counsel for the party respondents, if
the clarificatory order is understood to be extending
to even extraction works for which permit is issued
after 21.03.2024, that will result in massive
excavation, since work orders for most ongoing
National Highway projects would have been granted
between 28.03.2020 and 21.03.2024. As such, the
petitioner has failed to establish its right to conduct
quarrying of ordinary earth without environmental
clearance. The basic requirement for issuing a writ of
mandamus, viz; the writ petitioner should be having
a legal right, is absent as far as the petitioner is
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
concerned."
21. The concessionaire challenged the judgment of the
learned Single Judge in W.A.No.1877 of 2024 before the Division
Bench. The Division Bench dismissed the appeal and in
paragraph 2 it was held as follows:
"2. This is one more writ petition seeking police
protection in civil cases where civil rights are
involved. Case of the Appellant / Petitioner is that
the Petitioner is entitled to excavate simple earth in
light of the decision of the Hon'ble Supreme Court.
The Respondents dispute this position and state that
environmental clearance is required. This would
certainly require enquiry in the issue and
adjudication that there is no enquiry required is
merely a contention of the Appellant. The learned
Single Judge has found otherwise. The petition is
filed for a simplicitor prayer to extend police
protection. No declaration is sought as regards the
right of the Petitioner as regards excavation of
simple earth without environmental clearance. It has
been emphasized by this Court time and again that
in the jurisdiction in the matters invoking simplicitor
police protection contested substantive rights of the
parties cannot be decided. Nothing stops the
Appellant from seeking substantive relief akin to an
injustice, the attempt to sidestep these proceedings
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
by police protection is wholly misconceived. Such
directions if liberally granted under Article 226 of the
Constitution of India will place whole burden on
already overworked police force, unless if issue of
law and order arises. There is no such case before
us."
22. The Division Bench did not set aside the findings of
the learned Single Judge but only found fault with the
concessionaire for having approached the Court with a prayer
for police protection simpliciter, without seeking any declaratory
relief regarding the right to excavate ordinary earth without
Environmental Clearance.
23. A similar issue arose before this Court in
Nedumkunnam Grama Panchayat v. State of Kerala & Ors.
[W.P.(C)No.2090 of 2025]. It was a case where the Grama
Panchayat had prayed for quashing the quarrying permit for
mining ordinary earth. The contention of the owner of the
property where the excavation was being done was that the
extraction of ordinary earth was in connection with work related
to six laning of Thurvaoor-Paravur section of the
National Highway 66, and the clarificatory order issued in
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Noble M. Paikada (supra) would exempt such work from the
purview of Environmental Clearance. This Court relied on the
judgment of the learned Single Judge in Oriental Structures
(supra) and also on the 'precautionary principle' which has
been spoken to by the Hon'ble Supreme Court in Pragnesh
Shah v Arun Kumar Sharma [(2022) 11 SCC 493], to hold
that the work is not saved by the clarificatory order. In the
process, this Court also relied on several other judgments of the
Hon'ble Supreme Court which dealt with the precautionary
principle. A different view was taken by a learned Single Judge
of this Court in P.K.Sasi & Ors. v. State Environmental
Impact Assessment Authority & Ors. [2023 (5) KLT 875].
The said decision was before the judgment of the Hon'ble
Supreme Court in Noble M. Paikada (supra) and the
clarificatory orders thereon and hence cannot have any
application.
24. In these cases, the benefit of the clarificatory order is
sought by the concessionaire. The clarificatory order only
safeguards work orders relating to the extraction of ordinary
earth, the sourcing of ordinary earth, and the borrowing of
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
ordinary earth, for linear projects. The mere fact that Entry 6
does not speak about the beneficiary, cannot by itself mean that
every person who is undertaking the said work is entitled to the
exemption. The Hon'ble Supreme Court has held that Entry 6 is
invalid. The clarification was issued only for the work orders
issued by the NHAI and that too on an application filed by the
NHAI. The work order issued by the NHAI to the
concessionaires herein is not for extraction or sourcing or
borrowing of ordinary earth. The work entrusted is the
construction of the road and incidentally, the said work includes
an obligation from the part of the concessionaire to extract or
source or borrow ordinary earth. The said obligation can be met
by the concessionaire either by undertaking the work of mining
or by procuring the required ordinary earth from other suppliers.
There can be no dispute that the suppliers of the concessionaire
have to obtain Environmental Clearance for the excavation of
ordinary earth. Hence, to say that if the concessionaire takes
up the job of excavation, no EC would be required, would be
extending the clarification issued by the Hon'ble Supreme Court,
beyond its scope and intent and diluting the effect of the
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
judgment of the Hon'ble Supreme Court. The obligation of the
contractor cannot be equated to a work order issued by the
NHAI. Any expanded interpretation given to the clarificatory
order of the Hon'ble Supreme Court would lead to several
unintended situations like the one in the present case.
Admittedly, in this case, the extraction of the ordinary earth is
being done from a hillock situated 50 Kms away from the work
site of the National Highway. Such an aspect was never in
contemplation of the Hon'ble Supreme Court and the Hon'ble
Supreme Court had only permitted work orders issued by the
NHAI to be exempted from the requirement of getting any
Environmental Clearance. This Court cannot enter into an
interpretative process as in the case of Statutes, when it comes
to judgments. I do not find any reason to take a different view
from the views expressed by the learned Single Judge in
Oriental Structural Engineers (supra) and Nedumkunnam
Grama Panchayat (supra).
25. The contention that the work in question has been
included in the list provided by the NHAI before the Hon'ble
Supreme Court also does not in any manner better the case of
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
the concessionaire of the NHAI. The list only speaks of the
project of the NHAI and does not specifically refer to the mining
contract entered into between the concessionaire and the land
owners, for meeting their obligations under the concession
agreement with the NHAI. The fact that the benefit of the
clarification does not extend to the contracts entered into by the
concessionaire for the purpose of procuring ordinary earth is
further clear from the following observations of the Hon'ble
Supreme Court in the clarificatory order:
"If it is the contention of the appellant that
notwithstanding the fact that these projects have
commenced during the aforesaid period, the applicant-
NHAI must obtain Environmental Clearance, it is for the
appellant to take appropriate proceedings in that behalf."
26. It is clear from the above that the Hon'ble Supreme
Court was dealing with the EC that needs to be obtained by the
NHAI and not regarding the EC that needs to be obtained by the
Concessionaire or any other contractor who supplies ordinary
earth for the purpose of the project.
In the result, the writ petitions are allowed. Exts.P1 to P5
quarrying permits produced in W.P.(C)No.12684 of 2024 and
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Ext.P1 quarrying permit produced in W.P.(c)No.13596 of 2024
are quashed as they have been issued without any valid
Environmental Clearance. There will be a direction to the
respondents 1 to 7 in W.P.(C)No.32704 of 2024 to ensure that
respondents 8 to 14 do not engage in any excavation/mining/
quarrying of any ordinary earth or any such activities, in the
light of Ext.P10 judgment and Ext.P11 order of the Hon'ble
Supreme Court, without obtaining Environmental Clearance
from the SEIAA, with respect to the following properties;
(a) Property of Sri. Paul Jacob (9th respondent),
admeasuring 2.28 acres (92.27 Ares) comprised in
Sy.No.969/4 and 969/9A-3 having TP No.3477 of
Memmury Village, Pampakuda Kara, Ernakulam District
located in Ward No.2 of Pampakuda Grama Panchayat;
(b) Property of Sri Paul Jacob (9 th respondent) & Smt.Mary
Paul (10th respondent), admeasuring 3.24 Acres
(1.31.22 hectares) comprised in Sy.No.962/1-2-2,
962/1-3-3, 962/1-1-2 and 962/1-2-2-2, having TP
No.10645 and 10681 of Memmury Village, Pampakuda
Kara, Ernakulam District located in Ward No.3 of
Pampakuda Grama Panchayath;
(c) Property of Smt.Thankamma Abraham (11 th
respondent), admeasuring 2.24 Acres (94.69 Ares)
comprised in Sy.No.594/1-3 of Onakkoor Village,
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
Piramadom Kara, Ernakulam District located in Ward
No.4 of Pampakuda Grama Panchayath;
(d) Property of Smt. Leelamma Paulose (10th respondent),
admeasuring 2.23 Acres (94.29 Ares) comprised in
Sy.No.594/1-3-2 of Onakkoor Village, Piramadom Kara,
Ernakulam District located in Ward No.4 of Pampakuda
Grama Panchayat;
(e) Property of Smt.Ammini George (13th respondent),
admeasuring 2.23 Acres (94.29 Ares) comprised in
Sy.No.594/1-3-4 of Onakkoor Village, Piramadom Kara,
Ernakulam District located in Ward No.4 of Pampakuda
Grama Panchayat; and
(f) Property of Smt.Alice Baby (14 th respondent),
admeasuring 2 Acres (80.94 Ares) comprised in
Sy.No.594/1-3-3 of Onakkoor Village, Piramadom Kara,
Ernakulam District located in Ward No.4 of Pampakuda
Grama Panchayath; without a valid Environmental
Clearance from the SEIAA (1st respondent).
Sd/-
T.R. RAVI
JUDGE
S.M.K./dsn
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
APPENDIX OF WP(C) 12684/2024
PETITIONER EXHIBITS
EXHIBIT P1 (I) TRUE COPY OF THE QUARRYING PERMIT
NO. 5/2023-24/MM/QP/OE/DOE/1904/E2/2023
DT. 1-12-2023 ISSUED IN RESPECT OF
0.9508 HECTARES OF VARGHESE S/O MANI,
COMPRISED IN SY.NO. 950/3 OF MEMURI
VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT.
EXHIBIT P2 (II) TRUE COPY OF THE QUARRYING PERMIT
NO. 9/2023-24/MM/QP/OE/DOE/1639/E2/2023
DT. 25-1-2024 ISSUED IN RESPECT OF
0.9113 HECTARES OF DR. ARUN GEORGE
MANGALATHU, COMPRISED IN SY.NO. 950/2-7
OF MEMURI VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT.
EXHIBIT P3 (III) TRUE COPY OF THE QUARRYING PERMIT
NO. 8/2023-24/MM/QP/OE/DOE/1640/E2/2023
DT. 25-1-2024 ISSUED IN RESPECT OF
0.9949 HECTARES OF GEORGE KULIRANKAL,
COMPRISED IN SY.NO. 950/2-5, 950/2-6 OF
MEMURI VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT.
EXHIBIT P4 (IV) TRUE COPY OF THE QUARRYING PERMIT
NO. 16/2023-24/MM/QP/OE/DOE/243/E2/2024
DT. 28-2-2024 ISSUED IN RESPECT OF
99.49 ARES OF DR. ARUN GEORGE
MANGALATHU, COMPRISED IN SY.NO. 950/2-7
OF MEMURI VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT.
EXHIBIT P5 (V) TRUE COPY OF THE QUARRYING PERMIT
NO. 18/2023-24/MM/QP/OE/DOE/242/E2/2024
DT. 13-3-2024 ISSUED IN RESPECT OF
99.51 ARES OF TOM KURIAKOSE, COMPRISED
IN SY.NOS. 950/2-8, 950/3-2 OF MEMURI
VILLAGE OF MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
EXHIBIT P6 TRUE COPY OF THE O.M NO. F.NO.3-
70/2020-IA.III [141127] DT. 8-8-2022
ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, GOVT. OF
INDIA (FOR SHORT MOEF).
EXHIBIT P7 TRUE COPY OF THE OM DT. 21-8-2023
ISSUED BY THE MOEF.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DT. 21-3-2024
IN CIVIL APPEAL NOS. 1628-1629 OF 2021
(NOBLE M. PAIKADA V/S UNION OF INDIA).
EXHIBIT P9 TRUE COPY OF THE ONLINE NEWS REPORT DT.
7-3-2024 WHICH APPEARED IN MATHRUBHUMI
RELATED TO THE PEPPATHI INCIDENT IN
PIRAVOM.
EXHIBIT P9(A) TRUE COPY OF THE ONLINE PHOTOGRAPH DT.
7-3-2024 WHICH APPEARED IN MATHRUBHUMI
RELATED TO THE PEPPATHI INCIDENT IN
PIRAVOM.
EXHIBIT P9(B) TRUE COPY OF THE ONLINE PHOTOGRAPH DT.
7-3-2024 WHICH APPEARED IN MATHRUBHUMI
RELATED TO THE PEPPATHI INCIDENT IN
PIRAVOM.
EXHIBIT P9(C) TRUE COPY OF THE ONLINE NEWS REPORT DT.
7-3-2024 WHICH APPEARED IN MATHRUBHUMI
RELATED TO THE PEPPATHI INCIDENT IN
PIRAVOM.
EXHIBIT P10 TRUE COPY OF THE COMPLAINT DT. NIL
PERTAINING TO EXT.P1 PERMIT, GIVEN TO
THE GEOLOGIST AND DISTRICT COLLECTOR.
EXHIBIT P10(A) TRUE COPY OF THE COMPLAINT DT. NIL
PERTAINING TO EXT.P2 PERMIT, GIVEN TO
THE GEOLOGIST AND DISTRICT COLLECTOR.
EXHIBIT P10(B) TRUE COPY OF THE COMPLAINT DT. NIL
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
PERTAINING TO EXT.P3 PERMIT, GIVEN TO
THE GEOLOGIST AND DISTRICT COLLECTOR.
EXHIBIT P10(C) TRUE COPY OF THE COMPLAINT DT. NIL
PERTAINING TO EXT.P4 PERMIT, GIVEN TO
THE GEOLOGIST AND DISTRICT COLLECTOR.
EXHIBIT P11 TRUE COPY OF THE REPORT OF THE HEALTH
INSPECTOR, COMMUNITY HEALTH CENTRE,
PAMPAKUDA DT. 18-3-2024
EXHIBIT P12 TRUE COPY OF THE NEWSPAPER REPORT DT.
6-3-2024 IN THE MATHRUBHUMI DAILY.
EXHIBIT P12(A) TRUE COPY OF THE NEWSPAPER REPORT DT.
16-3-2024 IN THE MATHRUBHOOMI DAILY.
EXHIBIT P12(B) TRUE COPY OF THE NEWSPAPER REPORT DT.
17-3-2024 IN THE MALAYALA MANORAMA
DAILY.
EXHIBIT P12(C) TRUE COPY OF THE NEWSPAPER REPORT DT.
17-3-2024 IN THE MATHRUBHOOMI DAILY.
EXHIBIT P12(D) TRUE COPY OF THE NEWSPAPER REPORT DT.
19-3-2024 IN THE MATHRUBHOOMI DAILY.
EXHIBIT P12(E) TRUE COPY OF THE NEWSPAPER REPORT DT.
20-3-2024 IN THE MATHRUBHOOMI DAILY.
EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPH DT. 15-3-
2024.
EXHIBIT P14 27. TRUE COPY OF A LOCATION MAP OF THE
CHIRA, POND, PADDY LANDS NEAR THE
EXCAVATED AREA IN PAMPAKUDA GRAMA
PANCHAYATH.
EXHIBIT P15 TRUE COPY OF THE APPEAL DT. 20-3-2024
FILED BEFORE THE 1ST RESPONDENT,
WITHOUT ITS EXHIBITS.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
EXHIBIT P16 TRUE COPY OF THE APPEAL DT. 24-3-2024
FILED BEFORE THE 1ST RESPONDENT,
WITHOUT ITS EXHIBITS.
EXHIBIT P17 TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL
EXHIBIT P17(A) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(B) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(C) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(D) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(E) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(F) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(G) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
EXHIBIT P17(H) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(I) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(J) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
EXHIBIT P17(K) TRUE COPY OF THE A PHOTOGRAPH OF THE
SUBJECT HILL AREA WHERE THE INCESSANT
QUARRYING / MINING OPERATIONS ARE BEING
BLATANTLY CARRIED OUT, DATED NIL.
RESPONDENT EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE ORDER DATED 15.05.2024
IN IA NO. 114119/2024 FOR CLARIFICATION
OF JUDGMENT DATED 21.03.2024 IN CIVIL
APPEAL NO. 1628-1629 OF 2021
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
APPENDIX OF WP(C) 13596/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT
ISSUED TO THE 8TH RESPONDENT DATED
13/3/2024
EXHIBIT P2 TRUE COPY OF THE O.M. NO. F.NO. 3-
70/2020-IA.III (141127) DATED 8/8/2022
ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, GOVERNMENT
OF INDIA
EXHIBIT P3 TRUE COPY OF THE OM DATED 21/8/2023
ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, GOVERNMENT
OF INDIA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
21/3/2024 IN CIVIL APPEAL NOS. 1628 AND
1629 OF 2021OF THE HON'BLE SUPREME
COURT OF INDIA
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
22/3/2024 PASSED BY THIS HON'BLE COURT
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
30/3/2024 SUBMITTED BY THE PETITIONERS
BEFORE THE STATION HOUSE OFFICER,
PUTHENCRUZ POLICE STATION , ERNAKULAM
DISTRICT
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
30/3/2024 SUBMITTED BY THE PETITIONERS
BEFORE THE 4TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED
30/3/2024 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
EXHIBIT P8(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
DATED 27/3/2024 ISSUED FROM THE OFFICE
OF THE 2ND RESPONDENT
EXHIBIT P9 TRUE PHOTOGRAPHS SHOWING THE PRESENT
CONDITION OF THE AREA WHERE THE MINING
IS CARRIED OUT
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED
26/3/2024 PASSED BY THIS HON'BLE COURT
RESPONDENT EXHIBITS
EXHIBIT-R8-A: TRUE COPY OF THE INTERIM ORDER DATED
15.5.2024 IN I.A.NO.114098/2024 IN C.A.
NOS. 1628-1629/2021 ON THE FILE OF
HONOURABLE SUPREME COURT OF INDIA
EXHIBIT-R8-B: TRUE COPY OF PAGE NO.71 OF APPENDIX OF
AFFIDAVIT DATED 09.07.2024 3 SUBMITTED
BY THE NHAI BEFORE THE HONOURABLE
SUPREME COURT OF INDIA IN
LA.NO.114098/2024 IN C.A. NOS. 1628-
EXHIBIT-R8-C: TRUE COPY OF THE INTERIM ORDER OF THE
HONOURABLE SUPREME COURT OF INDIA DATED
5.9.2024 IN I.A.NOO.114098 IN C.A. NOS.
1628-1629/2021
EXHIBIT-R-8-D TRUE COPY OF THE RELEVANT PAGES OF
MINING PLAN IN CONNECTION WITH THE
BORROWING SITE APPROVED BY THE
RESPONDENT 4TH RESPONDENT ON 23-02-2024
EXHIBIT-8-E TRUE COPY OF THE APPLICATION FOR LETTER
OF INTENT ALONG WITH FEASIBILITY REPORT
SUBMITTED BY RESPONDENT NO.8 DATED
07.02.2024
EXHIBIT -R-8-F TRUE COPY OF THE LETTER OF INTENT DATED
16.02.2024 ISSUED BY THE 4TH RESPONDENT
TO THE 8TH RESPONDENT
EXHIBIT -R-8-G TRUE COPY OF THE QUARRYING PERMIT DATED
13.03.2024 ISSUED BY THE 4TH RESPONDENT
TO THE 8TH RESPONDENT
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
APPENDIX OF WP(C) 32704/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF A PHOTOGRAPH OF PIRAMADOM
KIZHAKKEDATH MALA IN WARD NO. IV DT.
NIL.
EXHIBIT P1(A) TRUE COPY OF A PHOTOGRAPH DT. NIL, OF
PIRAMADOM KIZHAKKEDATH MALA IN WARD NO.
IV SHOWING ITS LARGER TOPOGRAPHY DT.
NIL.
EXHIBIT P2 TRUE COPY OF A PHOTOGRAPH OF MAREKKATTU
MALA IN WARD NO. II, SHOWING ITS
TOPOGRAPHY DT. NIL.
EXHIBIT P3 TRUE COPY OF A PHOTOGRAPH SHOWING THE
KOCHAREEKAL TOURISM PROJECT IN WARD NO.
IV IN PAMPAKUDA PANCHAYAT DT. NIL.
EXHIBIT P4 TRUE COPY OF THE KEY PLAN (NOT TO
SCALE) SHOWING THE LIE AND NATURE OF
THE SUBJECT HILLS AND NEARBY AREAS
INVOLVED IN THE SUBJECT ISSUE. DT. NIL
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DT. 26-
3-2024 IN WP(C) NO. 12684/2024.
EXHIBIT P5(A) TRUE COPY OF THE INTERIM ORDER DT. 19-
8-2024 IN WP(C) NO. 12684/2024.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION GIVEN
TO THE DISTRICT COLLECTOR, ERNAKULAM,
WITHOUT ENCLOSURES, DT. NIL.
EXHIBIT P6(A) TRUE COPY OF THE RECEIPT DT. 11-9-2024
ISSUED BY THE OFFICE OF THE DISTRICT
COLLECTOR, ERNAKULAM.
EXHIBIT P6(B) TRUE COPY OF THE ENDORSEMENT GIVEN BY
THE OFFICE OF THE GEOLOGIST, ERNAKULAM
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
ON THE 1ST PAGE OF THE REPRESENTATION,
DT. 11-9-2024.
EXHIBIT P7 TRUE COPY OF THE APPLICATION GIVEN BY
THE 1ST PETITIONER TO THE GEOLOGIST,
ERNAKULAM UNDER THE RTI ACT, DT. 11-9-
2024.
EXHIBIT P7(A) TRUE COPY OF THE ENDORSEMENT GIVEN BY
THE OFFICE OF THE GEOLOGIST, ERNAKULAM
ON THE 1ST PAGE OF THE APPLICATION, DT.
11-9-2024.
EXHIBIT P8 TRUE COPY OF THE O.M NO. F.NO.3-
70/2020-IA.III [141127] DT. 8-8-2022
ISSUED BY THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, GOVT. OF
INDIA.
EXHIBIT P9 TRUE COPY OF THE OM DT. 21-8-2023
ISSUED BY THE MOEF.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DT. 21-3-2024
IN CIVIL APPEAL NOS. 1628-1629 OF 2021
(NOBLE M. PAIKADA V/S UNION OF INDIA).
EXHIBIT P11 TRUE COPY OF THE ORDER DT. 15-5-2024 IN
IA NO. 114119/2024 AND IA NO.
114098/2024 IN CIVIL APPEAL NOS. 1628-
1629 OF 2021 PASSED BY THE HON'BLE
SUPREME COURT.
RESPONDENT EXHIBITS
EXHIBIT-R8(A) TRUE COPY OF THE WORK ORDER ISSUED BY
NHAI DATED 28-12-2021
EXHIBIT-R8(B) TRUE COPY OF THE AFFIDAVIT DATED : 04-
07-2024 FILED BY NHAI BEFORE THE
HON'BLE SUPREME COURT ALONG WITH A LIST
OF THE PROJECTS WHOSE LETTER OF
AWARD(LOA) ISSUED BETWEEN 28-MAR-2020
BUT PRIOR TO 21-MAR-2024
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
EXHIBIT-R8(C) TRUE COPY OF THE ORDER IN M.A DIARY
NO:21827/2024 IN CIVIL APPEAL NO: 1628
- 1629 OF 2021 DATED : 05-09-2024
EXHIBIT-R8(D) TRUE COPY OF A SPECIMEN OF THE MOVEMENT
PERMIT DATED: 18-03-2024
EXHIBIT-R8(E) TRUE COPY OF A SPECIMEN OF THE EPASS
DATED: 03-03-2024
EXHIBIT-R8(F) TRUE COPY OF THE APPROVED MINING PLAN
FOR THE SITE BELONGS TO RESPONDENT
NO:13,AMMINI GEORGE ISSUED UNDER KERALA
MINOR MINERAL CONCESSION RULES, 2015
DATED: 23-02-2024 - LEGIBLE COPY OF
EXHIBIT-R8(F) PAGE NO:51-58 APPENDED
EXHIBIT-R8(F1) TRUE COPY OF THE FORM-N - QUARRYING
PERMIT ISSUED FOR THE SITE BELONGS TO
RESPONDENT NO:13,AMMINI GEORGE UNDER
KERALA MINOR MINERAL CONCESSION RULES,
2015 DATED: 13-09-2024
EXHIBIT- R8(G) A TRUE COPY OF S.O. 1533 DATED
14.9.2006 ISSUED BY THE MOEFCC
EXHIBIT- R8(H) TRUE COPY OF THE EIA NOTIFICATION DATED
4.4.2011 VIDE SO 695(E) [HEREINAFTER,
'THE EIA NOTIFICATION, 2011']
EXHIBIT- R8(I) A TRUE COPY OF THE EIA NOTIFICATION,
2013 DATED 22.8.2013
EXHIBIT- R8(J) THE TRUE COPY OF THE MOEFCC BY A
NOTIFICATION S.O. 141(E) DATED
15.1.2016
EXHIBIT- R8(K) A TRUE COPY OF THIS NOTIFICATION DATED
28.3.2020
EXHIBIT- R8(L) A TRUE COPY OF THE S.O. 3194(E) DATED
14.7.2020 [EIA NOTIFICATION, 2022]
W.P. (C). Nos. 12684 of 2024,
13596 of 2024 & 32704 of 2024
2025:KER:19765
EXHIBIT- R8(M) A TRUE COPY OF THE CHART SHOWING THE
VARIOUS EXEMPTIONS GRANTED BY APPENDIX
- IX TO THE EIA NOTIFICATION, 2006 AND
THEIR INDIVIDUAL COMPONENTS
EXHIBIT- R8(N) A TRUE COPY OF THE G.O.(P) NO.
14/2022/ID DATED 10.8.2022
EXHIBIT- R8(O) A TRUE COPY OF THE JOINT COMMITTEE
REPORT DATED 28.1.2021 MINUS ITS
ANNEXURES
EXHIBIT- R8(P) A TRUE COPY OF THE JUDGMENT OF THE HON.
NGT, SOUTHERN ZONE IN OA 241/2020 DATED
25.5.2022.
EXHIBIT- R8(Q) A TRUE COPY OF THE S.O.3840(E) DATED
30.8.2023 [EIA, NOTIFICATION, 2023]
EXHIBIT- R8(R) A TRUE COPY OF THE IA 135085/2024 IN
M.A. DIARY NO. 21827/2024 IN CIVIL
APPEAL NOS. 1628-1629/2021 FILED BY
SRI. NOBLE M. PAIKADA BEFORE THE HON.
SUPREME COURT DATED 21.6.2024
EXHIBIT R7-A TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT DATED 05/09/2024.
EXHIBIT R7-B TRUE COPY OF RELEVANT PORTION OF THE
PROJECT LIST PRODUCED BEFORE THE
HON'BLE SUPREME COURT
