Kerala High Court
Al Nassar Granites (P) Ltd vs The State Environment Impact ... on 30 November, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26372 OF 2020(V)
PETITIONER/S:
AL NASSAR GRANITES (P) LTD.,
VALIAKALAM, IRAVOOR,
ARYANAD,
THIRUVANANTHAPURAM-695542,
REPRESENTED BY ITS DIRECTOR SMT. SHAILA NASSAR.
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
RESPONDENT/S:
1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KSRTC BUS TERMINAL COMPLEX,
4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS MEMBER SECRETARY.
2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
KSRTC BUS TERMINAL COMPLEX,
4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS CHAIRMAN.
3 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695004.
R1 AND R2 BY SRI M.P SREE KRISHNAN,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, ALONG WITH WP(C).26415/2020(B), WP(C).26416/2020(B),
WP(C).26432/2020(D), WP(C).26437/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26415 OF 2020(B)
PETITIONER/S:
M/S.SURYA GRANITES
KUTHANOOR, ALATHUR,
PALAKKAD DISTRICT,
REP.BY ITS PARTNER,
AMALRAJ, ALAVUNGAL HOUSE,
CHENGAMANAD, ALUVA,
ERNAKULAM-683578.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 DISTRICT LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (DEIAA)
REP.BY DISTRICT COLLECTOR,
PALAKKAD-678 001
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC)
REP.BY GEOLOGIST, PALAKKAD-678 014
3 STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA KERALA)
REP.BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM-695 001
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE
REP.BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMMOOLA ROAD,
OVERBRIDGE, VELAKUDI, TRIVANDRUM-695 024
R3 AND R4 BY SRI.M.P SREE KRISHNAN,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, ALONG WITH WP(C).26372/2020(V), WP(C).26416/2020(B),
WP(C).26432/2020(D), WP(C).26437/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26416 OF 2020(B)
PETITIONER/S:
M/S.VADAKKUMBRAM GRANITE CRUSHER
KAREKKADU P.O., KATAMPUZHA (VIA),
MALAPPURAM,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM 695 001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED HY ITS CHAIRMAN,
PALLIMUKKU, KANNAMMOOLA ROAD,
OVERBRIDGE, VELAKUDI,
TRIVANDRUM 695 024.
R1 AND R2 BY SRI.M.P SREE KRISHNAN,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, ALONG WITH WP(C).26372/2020(V), WP(C).26415/2020(B),
WP(C).26432/2020(D), WP(C).26437/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26432 OF 2020(D)
PETITIONER/S:
M/S.GRAND STONE METALS PRIVATE LIMITED
KANNAMANGALAM, THIRURANGADI,
MALAPPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR ABDUL AZEEZ.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA, KERALA)
REPRESENTED BY ITS MEMBER SECRETARIAT,
4TH FLOOR KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM, PIN-695001.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (DEAC),
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMOOLA ROAD,
OVERBRIDGE, VELAKKUDI,
THIRUVANANTHAPURAM, PIN-695024.
R1 AND R2 BY SRI.M.P SREE KRISHNAN,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, ALONG WITH WP(C).26372/2020(V), WP(C).26415/2020(B),
WP(C).26416/2020(B), WP(C).26437/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
WP(C).No.26437 OF 2020(D)
PETITIONER/S:
M/S.KMP INDUSTRIES
AMBALAPARA, OTTAPPALAM,
PALAKKAD DISTRICT,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 DISTRICT LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (DEIAA),
REPRESENTED BY DISTRICT COLLECTOR,
PALAKKAD-678 001.
2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC)
REPRESENTED BY GEOLOGIST,
PALAKKAD-678 014.
3 STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY,
4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THIRUVANANTHAPURAM-695 001.
4 STATE LEVEL EXPERT APPRAISAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
PALLIMUKKU, KANNAMMOOLA ROAD,
OVERBRIDGE, VELAKUDI, TRIVANDRUM-695 024.
R3 AND R4 BY SRI.M.P SREE KRISHNAN,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2020, ALONG WITH WP(C).26372/2020(V), WP(C).26415/2020(B),
WP(C).26416/2020(B), WP(C).26432/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
6
W.P.(C) Nos.26372, 26415, 26416,
26432, and 26437 of 2020
-----------------------------------------------
JUDGMENT
The issues raised in these writ petitions are covered by the judgment of this court in W.P.(C) No.18929 of 2020 and connected cases.
In the circumstances, these writ petitions are disposed of granting to the petitioners the same relief, as granted to the petitioners in W.P.(C) No.18929 of 2020 and connected cases, subject to the modification that the directions aforesaid shall be complied with, within six months from today.
Sd/-
P.B.SURESH KUMAR JUDGE rkj W.P.(C) Nos.26372, 26415, 26416, 26432, and 26437 of 2020 7 APPENDIX OF WP(C) 26372/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.03/2017 DATED 04/04/2017 WITH FILE NO. DEIAA/EC3/2017 (P3455/16) ISSUED BY THE DEIAA, THIRUVANANTHAPURAM. W.P.(C) Nos.26372, 26415, 26416, 26432, and 26437 of 2020 8 APPENDIX OF WP(C) 26415/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 7.6.2017, VALID UP TO 6.6.2029 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE NO.2713/16/DEIAD DATED 21/4/2017 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.
EXHIBIT P2 (A) TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR ENVIRONMENTAL CLEARANCE SUBMITTED BY THE PETITIONER PROPOSING THE PROJECT LIFE/MINE LIFE OF THE QUARRY AS 12 YEARS EXHIBIT P3 TRUE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014 EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT DATED 27.02.2019. EXHIBIT P4 TRUE COPY OF JUDGMENT DT.2.11.2020 IN W.P. (C) NO.18929/2020 OF THIS HON'BLE COURT W.P.(C) Nos.26372, 26415, 26416, 26432, and 26437 of 2020 9 APPENDIX OF WP(C) 26416/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE SENIOR GEOLOGIST, MALAPPURAM, DATED 22.5.2020, VALID UPTO 12.1.2021.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 13.1.2016 ISSUED TO THE PETITIONER, VALID UP TO 12.1.2021.
EXHIBIT P3 TRUE COPY OF DECISION OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 27.2.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN WPC NO. 17533/2020 OF THIS HONBLE COURT. W.P.(C) Nos.26372, 26415, 26416, 26432, and 26437 of 2020 10 APPENDIX OF WP(C) 26432/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 26.03.2018, VALID UPTO 25.03.2030.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 16.11.2017 ISSUED TO THE PETITIONER, VALID UPTO 15.11.2022.
EXHIBIT P3 TRUE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA AND SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE 1ST RESPONDENT DATED 27.02.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN W.P.(C)NO.17533/2020 OF THIS HON'BLE COURT. W.P.(C) Nos.26372, 26415, 26416, 26432, and 26437 of 2020 11 APPENDIX OF WP(C) 26437/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 1.12.2017, VALID UPTO 30.11.2027.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 21.4.2017 ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.
EXHIBIT P2(A) TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR ENVIRONMENTAL CLEARANCE SUBMITTED BY THE PETITIONER PROPOSING THE PROJECT LIFE/MINE LIFE OF THE QUARRY AS 11 YEARS.
EXHIBIT P3 TRUE COPY OF MINUTES OF THE JOINT MEETING OF SEIAA & SEAC DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27.2.2019.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN WPC NO.18929/2020 OF THIS HON'BLE COURT.