Kerala High Court
One Earth One Life vs Ministry Of Environment,Forests And ... on 15 June, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.3097/2016 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 15th day of June 2022 / 25th Jyaishta, 1944
IA.NO.2/2022 IN WP(C) NO. 3097 OF 2016(S)
PETITIONER/PETITIONER:
ONE EARTH ONE LIFE,
REPRESENTED BY ITS LEGAL CELL DIRECTOR, SRI.TONY THOMAS. K.,
AGED 61 YEARS, RESIDING AT 'KIZHAKKEKKARA' (H),
IRUMBAKACHOLA, MANNARKAD P.O., PALAKKAD DISTRICT.
RESPONDENTS/RESPONDENTS:
1. MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE, PARYAVARAN
BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY
ITS SECRETARY.
2. STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, DIRECTORATE OF
ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTAH P.O.,
THIRUVANANTHAPURAM-695 024.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay Exhibit P14,
in the interest of justice and equity.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.RENJITH THAMPAN (SENIOR ADVOCATE) along with M/S RAJAN VISHNURAJ,
P.CHANDRASEKHAR & V.HARISH, Advocates for the petitioner in IA/WPC,
ASSISTANT SOLICITOR GNERAL OF INDIA & SRI.BABU P.L., CENTRAL GOVERNMENT
COUNSEL for R1 in IA/WPC, and of SRI. S BIJU,CENTRAL GOVERNMENT
COUNSEL,the court passed the following:
P.T.O.
WP(C) No.3097/2016 2/6
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
---------------------------------
I.A.2 of 2022 in W.P.(C)No.3097 of 2016 &
Cont. Case (C) No.1063 of 2022
---------------------------------
Dated this the 15th day of June, 2022
ORDER
S.MANIKUMAR, C.J.
By order dated 17th September 2020 in W.P.(C)No.3097 of 2016, we directed thus:
"We have evaluated the rival submissions and is of the opinion that the subject matter requires serious consideration, since we find that there is some force prima facie in the contentions advanced by the petitioner. Therefore, the balance of convenience requires that undue advantage is not taken by the builders by carrying out constructions, in the guise of that part of Ext.P1 notification, which is seriously under challenge being violative of the Notification of the Government of India and the Rules, 1986. Therefore, we are of the opinion that in order to protect the environmental issues, an interim order is granted effective from today onwards. Therefore, there will be a stay of Ext.P1 notification to the extent of modification by the definition of built up area provided to clause 8(a) by way of Note 1 to the effect that the projects or activities shall not include industrial shed, school, college, hostel for Educational Institutions, but such buildings shall ensure environmental management, solid and liquid waste management, rain water harvesting and may use recycled materials, such as fly ash, bricks, for a period of two months."
2. Alleging that Mr.Rameshwar P. Gupta, Secretary, Ministry of Environment, Forests and Climate Change, New Delhi (respondent in WP(C) No.3097/2016 3/6 I.A.2 of 2022 in W.P.(C)No.3097 of 2016 & Cont. Case (C) No.1063 of 2022 :: 2 ::
Cont. Case (C) No.1063 of 2022) has violated the interim orders dated 17.9.2020 and 13.6.2022 passed by this court and issued Ext.P14 office memorandum dated 19th May 2022, Cont. Case (C) No.1063 of 2022 has been filed. That apart, petitioner has also filed I.A.No.2/2022 in W.P. (C)No.3097 of 2016 seeking for stay of Ext.P14 office memorandum.
3. Attention of this court is drawn to a letter dated 29.3.2022 issued by the Director, Government of India, Ministry of Environment, Forest and Climate Change to the Director, M/S Institute of Human Resources Development, Thiruvananthapuram, by which exemption has been granted in respect of several education institutions.
4. It is also submitted that the abovesaid letter has been issued knowing fully well the interim order passed by this court in W.P. (C)No.3097 of 2016 dated 17.9.2020 and 23.11.2020 respectively, against the amendment to the EIA Notification, 2006 dated 22.12.2014 (which provides exemption to educational institutions having built-up area > 20,000 Sqm. and less than 1,50,000 Sqm.from the requirement of prior EC). For brevity clause 4(iv) of the letter dated 29.3.2022 is extracted below:
WP(C) No.3097/2016 4/6
I.A.2 of 2022 in W.P.(C)No.3097 of 2016 & Cont. Case (C) No.1063 of 2022 :: 3 ::
"4. iv. Application has been submitted for Environmental Clearance based on the order issued by High Court of Kerala at Ernakulam (on writ petition W.P.(C)No.3097 of 2016 (S) dated 17.9.2020 and 23.11.2020, staying the amendment to the EIA Notification, 2006 dated 22.12.2014 (which provides exemption to educational institutions having built-up area > 20,000 sqm. and less than 1,50,000 sqm. From the requirement of prior EC."
5. On instructions, Mr.S.Biju, learned Central Government Counsel submitted that the alleged contemnor Mr.Rameshwar P. Gupta, Secretary, Ministry of Environment, Forests and Climate Change, New Delhi has already retired from service. Learned Central Government Counsel admitted that there occurred some communication gap in respect of the earlier interim orders passed by this court.
6. Sri.Ranjith Thampan, learned Senior Counsel appearing for the writ petitioner submitted steps would be taken to implead the necessary parties.
7. In such a view of the matter, we are not inclined to issue any direction in the contempt petition at this stage. However, respondents in the writ petition are directed to file their response to I.A.No.2 of 2022 seeking for stay of Ext.P14 office memorandum dated 19th May 2022. WP(C) No.3097/2016 5/6 I.A.2 of 2022 in W.P.(C)No.3097 of 2016 & Cont. Case (C) No.1063 of 2022 :: 4 ::
8. Mr.S.Biju, learned Central Government Counsel seeks time to get instructions in the matter.
Post on 28.6.2022.
S.MANIKUMAR CHIEF JUSTICE SHAJI P. CHALY JUDGE jes 15-06-2022 /True Copy/ Assistant Registrar WP(C) No.3097/2016 6/6 APPENDIX OF WP(C) 3097/2016 EXHIBIT P1 A TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION NO.3252(E) DATED 22.12.2014.
EXHIBIT P14 TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 19/05/2022 (F NO.19-131/2019-IA-III[128798]).