Kerala High Court
Kizhakkethalakkal Rocks vs The Ministry Of Environment on 16 January, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 16TH DAY OF JANUARY 2020 / 26TH POUSHA, 1941
WP(C).No.403 OF 2020(A)
PETITIONER/S:
KIZHAKKETHALAKKAL ROCKS,
ATTAPPALAM, KUMILY (P.O.), IDUKKI - 685 509,
REPRESENTED BY ITS MANAGING PARTNER, MR.SANJU GEORGE,
AGED 40 YEARS, S/O.K.I.VARGHESE.
BY ADV. SRI.JOBI JOSE KONDODY
RESPONDENT/S:
1 THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, REPRESENTED BY ITS
SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI - 110 003.
2 THE STANDING COMMITTEE NATIONAL BOARD OF WILD LIFE,
REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING),
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
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 GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE,
IDUKKI, MINI CIVIL STATION, THODUPUZHA,
IDUKKI - 685 584.
6 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND SAFETY ORGANIZATION(PESO), KENDRIYA
BHAVAN, BLOCK C-2, III FLOOR, CSEZ (P.O.), KAKKANAD,
ERNAKULAM - 682 037.
WP(C).No.403 OF 2020(A) 2
7 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, IDUKKI
DISTRICT OFFICE, ESSAREN BUILDING, AANAKOODU
JUNCTION, THODUPUZHA, IDUKKI - 685 584.
8 CHIEF WILDLIFE WARDEN
STATE OF KERALA
FOREST HEADQUARTERS
VAZHUTHACUAD, THIRUVANANTHAPURAM
IS IMPLEADED AS PER ORDER IN I.A NO.1 OF 2020
DATED 16.1.2020
R1-2 BY ADV. SRI.P.VIJAYAKUMAR
OTHER PRESENT:
SRI MANURAJ KJ GP SRI T NAVEEN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.403 OF 2020(A) 3
JUDGMENT
The petitioner has approached this Court challenging Ext.P6 stop memo dated 5.10.2019 issued by the 5 th respondent. Similar kind of stop 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:-
"a) Since the petitioner asserts that he is in possession of a mining lease prior to 18.05.2012 and therefore, not being obligated to obtain an WP(C).No.403 OF 2020(A) 4 Environmental clearance, the Government is directed to open a file in his name containing all other relevant documents, including the Mining Lease; and forward it to the Ministry of Environment, Forest and Climate Change-recording therein that the petitioner has not obtained an Environmental Clearance for this reason-
within fifteen days from the date of receipt of a copy of this judgment. If, for any reason, any other germane documents are found wanting, the Government will be at liberty to ask the petitioner to make available all such before the Secretary, Environment Department, so that there will be no delay in forwarding the same by the Government within the period granted above without seeking further extension of time.
b) 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 WP(C).No.403 OF 2020(A) 5 extension of time.
c) 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.
d) 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.
e) 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 WP(C).No.403 OF 2020(A) 6 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.
f) 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 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.403 OF 2020(A) 7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE
DATED 26/09/2011 VALID UPTO 25/09/2021 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 0.5681 HECTARES OF LAND.
EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR, MINING AND GEOLOGY DATED 05/05/2012 FOR EXECUTING THE QUARRYING LEASE FOR 0.9309 HECTARES OF LAND COMPRISED IN SURVEY NO.65/1PT OF KUMILY VILLAGE IN PEERMADE TALUK OF IDUKKI DISTRICT AND THE LEASE DEED DATED 27/05/2015 VALID UPTO 26/05/2027.
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR, MINING AND GEOLOGY DATED 05/05/2012 FOR EXECUTING THE QUARRYING LEASE FOR 1.2344 HECTARES OF LAND COMPRISED IN SURVEY NO.65/IPT KUMILY VILLAGE IN PEERMADE TALUK OF IDUKKI DISTRICT AND THE LEASE DEED DATED 27/05/2015 VALID UPTO 26/05/2027.
EXHIBIT P4 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 29/12/2018 VALID UPTO 20/12/2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR THE QUARRY COMPRISED IN 65/1PT OF KUMILY VILLAGE IN PEERMADE TALUK OF IDUKKI DISTRICT.
EXHIBIT P5 A TRUE COPY OF THE FORM LE-3 LICENSE DATED 07/03/2018 VALID UPTO 31/03/2021 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM TO THE PARTNER OF THE PETITIONER FIRM.
EXHIBIT P6 A TRUE COPY OF THE COMMON NOTICE DATED 05/10/2019 ISSUED BY THE FIFTY RESPONDENT TO THE PETITIONER AND OTHER QUARRY OPERATORS WITH ITS ENGLISH TRANSLATION.