Kerala High Court
M/S Malabar Aggregates Pvt. Ltd vs State Environmental Impact Assessment ... on 23 February, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.4687 OF 2021(I)
PETITIONER:
1 M/S MALABAR AGGREGATES PVT. LTD.,
REPRESENTED BY ITS DIRECTOR E.A. ABDUL KARIM, AGED
58 YEARS, S/O. ALIKUNJU, OZHUKUR P.O., MONGAM VIA
KONDOTTY, MALAPPURAM DISTRICT-673642.
BY ADVS.
SRI.T.P.SAJID
SRI.K.P.MOHAMED SHAFI
SMT.SHIFA LATHEEF
RESPONDENTS:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
(SEIAA),
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
MEMBER SECRETARY.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), 4TH
FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM - 685001, REP. BY ITS MEMBER
SECRETARY.
BY SRI.M.P.SREEKRISHNAN, SC, SEIA AND SEAC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.4687 of 2021
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Dated this the 23rd day of February, 2021
JUDGMENT
The petitioner seeks for re-validation of the environment clearance certificate, 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 directed the State Environment Impact Assessment Authority (SEIAA) to consider the application for enhancement of validity of the Environment Clearance Certificate, by estimating the Project Life of the particular project, and complete the exercise within an outer time limit of four months from the date of receipt of the application. Formal application needs to be filed before the SEIAA seeking re-validation of the Environment Clearance Certificate already issued to the petitioner.
3. Taking note of the aforesaid facts, I deem it appropriate to dispose of this writ petition also in line with the directions issued in the W. P. (C) No.4687 of 2021 -: 2 :- judgment referred above, making it clear that the petitioner herein shall prefer application before the SEIAA within a week from the date of receipt of a copy of this judgment, for re-validation of the Environment Clearance Certificate already issued to him in the past. The SEIAA shall, on receipt of the said application inform the petitioner of the further documents/details if any required from him for processing his application, within 2 weeks therefrom. Thereafter, on receipt of the information called for, the SEIAA shall consider that application and pass orders as directed by this Court within four months from the date of receipt of the information from the petitioner.
The writ petition is disposed as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge WP(C).No.4687 OF 2021(I) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 11/02/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 18/08/2017 ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 07/07/2017 BY THE GEOLOGIST, MALAPPURAM.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 10/03/2017.
EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.164/2016 DATED 31/10/2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE MINUTES 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 AND OTHERS V. STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 03/11/2020 PASSED BY THIS HON'BLE COURT IN WPC NO.23578/2020.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19/01/2021 PASSED BY THIS HON'BLE COURT IN WPC NO.1154/2021.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 16/02/2021.
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