Kerala High Court
Abdul Azeez vs State Environmental Impact Assessment ... on 8 July, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 13553 OF 2021
PETITIONER/S:
ABDUL AZEEZ,AGED 51 YEARS
S/O.KUNAHAMED, EKC GRANITE
KANNAMANGALAM WEST P.O., A.R.NAGAR
MALAPPURAM DISTRICT -676305
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENT/S:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA
4TH FLOOR, KSRTC BUS TERMINAL BUILDING
THAMPANOOR, THIRUVANANTHAPURAM - 685001 REPRESENTED
BY ITS MEMBER SECRETARY
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
4TH FLOOR, KSRTC BUS TERMINAL BUILDING
THAMPANOOR, THIRUVANANTHAPURAM - 685001
REPRESENTED BY ITS MEMBER SECRETARY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13553 OF 2021 2
JUDGMENT
The petitioner seeks for re-validation of the environment clearance certificate issued to the quarry being conducted by him, for the life of the project.
In T. Mathew Abraham v. State Level Environment Impact Assessment Authority and Ors. [2020 (6) KLT 302], this Court has declared the entitlement of the enterpreneur for issuance of environment clearance for the life of the project as may be estimated by the State Environment Impact Assessment Authority (SEIAA). The SEIAA is to estimate the life of the project with due consideration to the recommendations of the State Expert Appraisal Committee (SEAC).
In a series of writ petitions (WP(C) 1154/2021 and connected cases) seeking similar relief, this Court has directed the enterpreneurs to file applications before the SEIAA seeking re-validation of the environment clearance certificates already issued to them and the same have been directed to be considered. There is no reason to deviate therefrom.
In the result, the writ petition is disposed of with the following directions:-
(i) The petitioner may prefer an application WP(C) NO. 13553 OF 2021 3 before the SEIAA seeking re-validation of the environment clearance certificate already issued to them.
(ii) SEIAA shall consider such application on arriving at the life of the project and pass orders within four months from the date of receipt of the application.
(iii) If any further details are required from the petitioner for passing orders on the application, the same shall be intimated to the petitioner within two weeks from the receipt of the application referred to in clause (i) above.
(iv) On such details being furnished, the SEIAA shall consider such application on arriving at the life of the project and pass orders within four months.
Sd/-
SATHISH NINAN JUDGE sd WP(C) NO. 13553 OF 2021 4 APPENDIX PETITIONER'S EXHIBITS EXT.P1 COPY OF THE LICENSE DATED 07.05.2019 ISSUED BY THE KANNAMANGALAM GRAMA PANCHAYAT EXT.P2 COPY OF THE LEASE AGREEMENT DATED 15.02.2019 ISSUED TO THE PETITIONER EXT.P3 COPY OF THE MINING PLAN WITHOUT ANNEXURES APPROVED ON 08.01.2019 BY THE GEOLOGIST, MALAPPURAM EXT.P4 COPY OF THE ORDER BEARING NO.E/SE/KL/22/215/E114981 DATED 18.02.2021 EXT.P5 COPY OF THE ENVIRONMENTAL CLEARANCE NO.52/2018 BY THE 1ST RESPONDENT EXT.P6 COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014 EXT.P7 COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2020 EXT.P8 COPY OF THE ORDER IN DEEPAK KUMAR & OTHERS VS. STATE OF HARYANA & OTHERS REPORTED IN 2012 4 SCC 629 EXT.P9 COPY OF THE ORDER DATED 03.11.2020 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.23578/2020 EXT.P10 COPY OF THE JUDGMENT DATED 19.01.2021 PASSED BY THIS HON'BLE COURT IN W/O.(C) NO.1154/2021 EXT.P11 COPY OF THE APPLICATION DATED 05.07.2021