Kerala High Court
M/S Penta Granites vs Ministry Of Environment on 28 January, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
WP(C).No.2340 OF 2020(N)
PETITIONER/S:
M/S PENTA GRANITES
NEETHIPURAM, ELAVAMPADAM (PO), PALAKKAD-678 684,
REPRESENTED BY ITS MANAGING PARTNER, MR.JOSHY.P.J.,
AGED 49 YEARS, S/O. JOSEPH
BY ADV. SRI.JOBI JOSE KONDODY
RESPONDENT/S:
1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
REPRESENTED ITS SECRETARY, 3RD FLOOR, VAYU WING,
INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW
DELHI-110 003
2 THE NATIONAL BOARD OF WILD LIFE/ STANDING COMMITTEE
NATIONAL BOARD OF WILD LIFE,
REPRESENTED ITS SECRETARY (WILD LIFE WING), 3RD
FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH
ROAD, ALIGANJ, NEW DELHI-110 003
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, ENVIRONMENT AND CLIMATE
CHANGE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
4 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA,KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS
TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695 001
5 THE CHIEF WILDLIFE WARDEN
FOREST HEAD QUARTERS, VAZHUTHACUD,
THIRUVANANTHAPURAM-695 014
6 THE DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE(PO),
KESAVADASAPURAM,
THIRUVANANTHAPURAM-695 004
7 THE GEOLOGIST,
MINING AND GEOLOGY DISTRICT OFFICE,
TOWN BUS STAND COMPLEX, PALAKKAD-678 014
OTHER PRESENT:
SRI NAGARAJ NARAYANAN SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2340 OF 2020(N) 2
JUDGMENT
The petitioner has approached this Court challenging Ext.P6 stop memo dated 9.10.2019 issued by the 7 th respondent, calling upon the petitioner to obtain the Clearance from the Standing Committee for National Board for Wild Life. Similar kind of memos were challenged in this Court in various other writ petitions No.28014/2019 and other connected petitions and vide order dated 18.12.2019, this Court issued certain directions. The directions contained therein were issued in terms of the interim orders as well as judgments rendered by the Supreme Court in Goa Foundation v. Union of India [(2011) 15 Supreme Court Cases 793] as well as Goa Foundation v. Union of India and others [(2014) 6 supreme Court cases 590] and the case of the petitioner is also falling within the aforementioned parameters. Accordingly, I dispose of the writ petition with similar directions as contained in the judgment of this Court cited supra, which is as under:-
WP(C).No.2340 OF 2020(N) 3
a) The Government of Kerala will forthwith and within a period of fifteen days from the date of receipt of a copy of this judgment forward the Environmental Clearances, along with all other necessary papers, to the MoEF. If, for any reason, the necessary papers are found wanting, the Government will be at liberty to seek such from the State Environment Impact Assessment Authority (SEIAA), who will make the same available without any delay. I also leave liberty to the petitioner to make available his papers before the competent authority of the Government, which is stated to be the Secretary, Environment Department, for such purpose. I make it clear that the intent of this Court is that there shall be no delay in forwarding the papers and that the Government will be obligated to do so within the period granted herein, without seeking any further extension of time.
b) On the files as ordered above reaching the MoEF, they will be obligated to place it before the Standing Committee within a period of one week from the date on which it is received, so as to enable the said authority to take a decision in terms of the directions of the Hon'ble Supreme Court.
c) The Standing Committee, on receiving the files as per the afore directions, will immediately process the files and make their recommendations, as per the interim order of the Hon'ble Supreme Court in Goa Foundation ((2011) 15 SCC 793) and this shall be done not later than two months from the date on which they receive the files from the MoEF.WP(C).No.2340 OF 2020(N) 4
d) The afore directions having been issued, I must also clarify that the stop memos issued by the Geologists will remain in force only during the period that I have fixed above and if there is any delay by any authority, be that the Government of Kerala or the MoEF or the Standing Committee, in complying with the afore directions, on the expiry of the cumulative period mentioned above, the said memos issued by the Geologists will become inoperative and the petitioner will, thereupon, be entitled to commence his activities as per the Environmental Clearances and the Mining Leases obtained by him. Needless to say, if, during the aforementioned period, the final notification is issued by the MoEF under the provisions of the Environment (Protection) Act, 1986 with respect to the Eco Sensitive Zones in Kerala, the interdiction as ordered above will stand vacated from that date and the petitioner will be entitled to operate his quarries depending upon the said notification and as per the stipulations therein.
e) By way of a further clarification, I order that the afore directions and the operation of the stop memos will be only with respect to the petitioner's quarrying activities and that the operation of the stone crusher units, if any, as long as they are done in compliance with all necessary imperative and statutory conditions and as long as the raw material for the same is from other sources and not from the quarries in question, will not be covered by him, thereby to mean that he can continue to operate WP(C).No.2340 OF 2020(N) 5 them, notwithstanding the stop memos issued by the Geologists, subject to further orders to be issued by the Standing Committee."
Sd/-
AMIT RAWAL
sab JUDGE
WP(C).No.2340 OF 2020(N) 6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE
DATED 01.12.2017 VALID UPTO 30.11.20298 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 4.1371 HECTARES OF LAND EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 07.10.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALAKKAD TO THE PETITIONER TO CARRY OUT QUARRYING OPERATIONS FOR MINING BUILDING STONE IN RE-SURVEY NOS.278/21,31 PT 278/33 PT,278/35,278/PT OF KIZHAKKENCHERRY-II VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT EXHIBIT P3 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 24.10.2017 VALID UP 30.06.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR THE QUARRY COMPRISED RE-SURVEY NOS.278/21,31 PT 278/33 PT,278/35,278/PT OF KIZHAKKENCHERRY-II VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT EXTENDING TO 4.1371 HECTARES EXHIBIT P4 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 31.05.2017 VALID UP 31.05.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT EXHIBIT P5 A TRUE COPY OF THE FORM LE-3 LICENSE DATED 25.06.2004 RENEWED AND EXTENDED UP 31.03.2020 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 09.102019 ISSUED BY THE SEVENTH RESPONDENT TO THE PETITIONER WITH ITS ENGLISH TRANSALTION