Kerala High Court
Green Vistas Infrastructure Projects vs Union Of India on 22 January, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 22ND DAY OF JANUARY 2020/2ND MAGHA, 1941
WP(C).No.1701 OF 2020(K)
PETITIONER:
GREEN VISTAS INFRASTRUCTURE PROJECTS
G-159, PANAMPILLY NAGAR, ERNAKULAM 682 036
REPRESENTED BY ITS CHIEF OPERATING OFFICER MR.
SAURABH GULECHHA.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SHRI.ABI BENNY AREECKAL
SMT.LEAH RACHEL NINAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY MINISTRY OF ENVIRONMENT, FORESTS AND
CLIMATE CHANGE, CGO COMPLEX, LODHI ROAD, NEW DELHI
110 003, REPRESENTED BY ITS SECRETARY
2 STATE OF KERALA,
REPRESENTED BY PRINCIPAL ECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
3 THE PRINCIPAL SECRETARY,
LOCAL SELF GOVENMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVNANTHAPURAM 695 001.
4 THRIKKAKARA MUNICIPALITY,
KKKANAD P.O, KOCHI 682 030
REPRESENTED BY ITS SECRETARY
5 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(SEIAA)
K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANTHAPURAM 695 001
REPRESENTED BY ITS MEMBER SECRETARY.
Wpc 1701/2020 2
6 STATE ENVIRONMENT ASSESSMENT COMMITTEE (SEAC),
K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR,
THAMPANOOR, THIRUVANANTHAPURAM 695 001
REPRESENTED BY ITS SECRETARY.
GP SRI MANURAJ KJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc 1701/2020 3
JUDGMENT
Counsel for the petitioner, after arguing the matter for some time, realising that the writ petition is lacking certain specific prayers, seeks liberty of this court to withdraw the writ petition, with liberty to file fresh petition, with same cause of action. Ordered accordingly.
Sd/- AMIT RAWAL, JUDGE Lgk Wpc 1701/2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JOINT VENTURE AGREEMENT DATED 27-1-2006 EXECUTED BETWEEN THE PETITIONER AND SMT. SEENA SUNNY AND OTHERS.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED ON 4-2- 2006 IN THE NAME OF THE LAND OWNER SMT. SEENA SUNNY BY THE THRIKKAKARA GRAM PANCHAYAT EXHIBIT P3 TRUE COPY OF THE APPROVED BUILDING PLAN ISSUED BY THE SECRETARY OF THE THRIKKAKARA GRAMA PANCHAYAT EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN MATHER PROJECTS VT. LTD AND ANOTHER V. GOVERNMENT OF KERALA AND ANOTHER REPORTED IN 2010(1) KHC 144 EXHIBIT P5 TRUE COPY OF THE JUDGMENT REPORTED IN MEETHIAN KUNJU M.M AND OTHERS V. STATE OF KERALA AND OTHERS REPORTED IN 2011 (2) KHC 415 EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 10-12-2014 ISSUED BY THE THRIKKAKARA MUNICIPALITY EXHIBIT P7 TRUE COPY OF THE REVISED BUILDING PERMIT DATED 23-12-2014 EXHIBIT P8 TRUE COPY OF THE REVISED BUILDING PLAN WITH FAR OF 3.946 EXHIBIT P9 TRUE COPY OF THE RENEWED BUILDING PERMIT DATED 23-12-2014.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE DATED 17-02- 2009 ISSUED BY COMMANDANT GENERAL OF FIRE AND RESCUE DEPARTMENT.
EXHIBIT P11 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 15-12-2014 ISSUED IN FAVOUR OF PETITIONER BY SOUTHERN NAVAL COMMAND EXHIBIT P12 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 26-02-2016 ISSUED IN FAVOUR OF THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 31-07- Wpc 1701/2020 5 2012 SUBMITTED BY THE PETITIONER BEFORE THE SEIAA EXHIBIT P14 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE 7TH MEETING OF SEAC HELD ON 1ST SEPTEMBER 2012.
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 10-09-2012 SENT BY THE PETITIONER TO THE SEIAA EXHIBIT P15A TRUE COPY OF THE LETTER DATED 21-11-2012 AND THE ENVELOPE CONTAINING SEAL SENT BY SEIAA TO THE PETITIONER.
EXHIBIT P15B TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO THE SEIAA EXHIBIT P16 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING HELD ON 2-3-2013 BY SEAC.
EXHIBIT 17 TRUE COPY OF THE AFFIDAVIT DATED 14-08-2013 SUBMITTED BY THE PETITIONER.
EXHIBIT 18 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING HELD ON 9TH AND 10TH SEPTEMBER, 2013 BY THE SEAC.
EXHIBIT 19 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING HELD ON 14-02-2014 AND 15-02-2014 BY THE SEAC.
EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 23- 07-2014 SUBMITTED BY THE PETITIONER TO THE SEAC.
EXHIBIT P21 TRUE COPY OF THE PROCEEDINGS DATED 7-09- 2015 ISSUED BY THE SEIAA EXHIBIT P22 TRUE COPY OF THE LETTER DATED 20-11-2015 SENT BY THE PETITIONER TO THE SEIAA.
EXHIBIT P23 TRUE COPY OF THE LETTER DATED 30-01-2016 SENT BY SEIAA TO THE PETITIONER.
EXHIBIT P24 TRUE COPY OF THE LETTER DATED 23-2-2016 SENT BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM.
EXHIBIT P25 TRUE COPY OF THE COMMUNICATION DATED 15-03- 2016 SENT BY THE DISTRICT COLLECTOR TO THE SEIAA.
EXHIBIT P26 TRUE COPY OF THE OCCUPANCY CERTIFICATE Wpc 1701/2020 6 DATED 23-12-2014 ISSUED BY THE THRIKKAKARA MUNICIPALITY EXHIBIT P27 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 17-2-2017 ISSUED BY THE THRIKKAKARA MUNICIPALITY EXHIBIT P28 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 25-09-2018 ISSUED BY THE THRIKKAKARA MUNICIPALITY EXHIBIT P29 TRUE COPY OF THE NOTIFICATION DATED 14-3- 2017 ISSUED BY MUNICIPALITY OF ENVIRONMENT FOREST AND CLAIMATE CHANGE, NEW DELHI EXHIBIT P29(A) TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING HELD ON 19-02-2018 TO 21-02-2018 BY THE SEAC.
EXHIBIT P30 TRUE COPY OF THE NOTIFICATION DATED 8-3- 2018 ISSUED BY MINISTRY OF ENVORONMENT FOREST AND CLIMATE CHANGE, NEW DELHI EXHIBIT P31 TRUE COPY OF THE LETTER DATED 17-12-2018 SENT BY THE SEIAA TO THE PETITIONER.
EXHIBIT P32 TRUE COPY OF THE REPRESENTATION DATED 27- 07-2019 SUBMITTED BY THE PETITIONER TO THE SEIAA EXHIBIT P33 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17-09-2019 BY THE SEIAA EXHIBIT P 34 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 24-12-2019 BY THE SEIAA EXHIBIT P35 TRUE COPY OF THE RELEVANT PORTION OF THE RED HERRING PROSPECTUS DATED 20TH JULY, 2007 ISSUED TO M/S. PURAVANKARA PROJECTS LIMITED EXHIBIT P36 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 10-08-2012 ISSUED TO M/S. PURAVANCKARA PROJECTS LIMITED FOR THE PROJECT PURVA GRAND BAY