Kerala High Court
Saidalavi Stone Quarry vs State Environmental Impact Assessment ... on 29 March, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.8190 OF 2021(W)
PETITIONER/S:
SAIDALAVI STONE QUARRY
PROPRIETOR, SAIDALAVI .K., S/O. MOHAMMED, PATHAIKARA,
PERINTHALMANNA, MALAPPURAM-679 340
BY ADVS.
SRI.T.P.SAJID
SRI.K.P.MOHAMED SHAFI
SMT.SHIFA LATHEEF
RESPONDENT/S:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
SEIAA,4TH FLOOR, KSRTC BUST TERMINAL BUILDING,
THAMPANOOR, THIRUVANANTHAPURAM-685 001, REPRESENTED
BY ITS MEMBER SECRETARY
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC),
4TH FLOOR, KSRTC BUST TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-685 001, REPRESENTED BY ITS MEMBER
SECRETARY
BY ADV. SRI. M.P SREEKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8190 OF 2021(W)
2
JUDGMENT
Dated this the 29th day of March 2021 The petitioner seeks for re-validation of the environment clearance certificate, for the life of the project.
2. In T. Mathew Abraham v. State Level Environment Impact Assessment Authority and Ors. [2020 (6) KLT 302], this Court directed the State Environment Impact Assessment Authority (SEIAA) to consider the application for enhancement of validity of the Environment Clearance Certificate, by estimating the Project Life of the particular project, and complete the exercise within an outer time limit of four months from the date of receipt of the application. Formal application needs to be filed before the SEIAA seeking re-validation of the Environment Clearance Certificate already issued to the petitioner.
3. Taking note of the aforesaid facts, I deem it appropriate to dispose of this writ petition also in line with the directions issued in the judgment referred above, making it clear that the petitioner herein shall prefer WP(C).No.8190 OF 2021(W) 3 application before the SEIAA within a week from the date of receipt of a copy of this judgment, for re-validation of the Environment Clearance Certificate already issued to him in the past. The SEIAA shall, on receipt of the said application inform the petitioner of the further documents/details if any required from him for processing his application, within 2 weeks therefrom. Thereafter, on receipt of the information called for, the SEIAA shall consider that application and pass orders as directed by this Court within four months from the date of receipt of the information from the petitioner.
The writ petition is disposed as above.
Sd/-
SATHISH NINAN JUDGE VDV WP(C).No.8190 OF 2021(W) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 3/6/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 30.10/2017 ISSUED TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 13.3.2017 BY THE GEOLOGIST, MALAPPURAM EXHIBIT P4 TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER FROM THE PERINTHALMANNA MUNICIPALITY DATED 15.9.2020 EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.14/2017 DATED 31.8.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014 EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2019 EXHIBIT P8 TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND OTHERS VS STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629 EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.23578/2020 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19.01.2021 PASSED BY THIS HON'BLE COURT IN WPC NO.1154/2021 EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 25.3.2021