Kerala High Court
Three Star Granites Pvt. Ltd vs State Environmental Impact Assessment ... on 2 July, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 12357 OF 2021
PETITIONER:
THREE STAR GRANITES PVT. LTD.,
PAZHAVOOR P.O., THAYOOR, ERUMAPETTY, THRISSUR DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR P.BHASI
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
RESPONDENTS:
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 GOVT.PLEADER:ADV.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 12357 OF 2021
SATHISH NINAN, J.
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W. P. (C) No.12357 of 2021
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Dated this the 2nd day of July, 2021
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.
2. 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).
3. 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 3 WP(C) NO. 12357 OF 2021 reason to deviate therefrom.
In the result, the writ petition is disposed of with the following directions:-
(i) The petitioner may prefer an application 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 rsr 4 WP(C) NO. 12357 OF 2021 APPENDIX OF WP(C) 12357/2021 PETITIONER ANNEXURE Exhibit P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 11.12.2017 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED 27.12.2017 ISSUED TO THE PETITIONER Exhibit P3 TRUE COPY PRODUCTION AND DEVELOPMENT PLAN Exhibit P4 TRUE COPY OF THE LOCATION MAP SURVEYED ON 20.02.2015 Exhibit P5 TRUE COPY OF THE LEASE PLAN ISSUED 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 & OTHERS VS STATE OF HARYANA & OTHERS REPORTED IN 212 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 30.4.2021 PASSED BY THIS HON'BLE COURT IN WPC NO.10880/2021 Exhibit P11 TRUE COPY OF THE APPLICATION DATED 11.6.2021