Kerala High Court
Pixel Granites vs State Of Kerala on 15 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 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
WP(C).No.1050 OF 2020(E)
PETITIONER:
PIXEL GRANITES
ROOM NO 8/571, KURINJIPPADAM , VELLIKULANGARA P.O.
THRISSUR, PIN-680 693,
REP. BY ITS MANAGING PARTNER, SAJU JOSEPH,
AGED 49 YEARS,
S/O JOSEPH, KALAMPARAMBIL HOUSE,
KARUKUTTY P.O.KARAYAMPARAMBU , ERNAKULAM
BY ADVS.
SRI.S.K.SAJU
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
GOVERNMENT PLEADER
SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
SRI.M.P.SREEKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REP BY THE DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE
(PO), KESAVADASAPURAM , THIRUVANANTHAPURAM-695 004.
2 PRINCIPAL SECRETARY,
DEPT OF INDUSTRIES,
MINING AND GEOLOGY SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 PRINCIPAL SECRETARY,
DEPT OF FOREST AND WILDLIFE SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001.
4 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
REPRESENTED BY SECRETARY, PALLIMUKKU,
KANNAMOOLA ROAD, VELAKKUDY,
THIRUVANANTHAPURAM, PIN-695 024.
5 THE GEOLOGIST,
MINING AND GEOLOGY DISTRICT OFFICE,
THRISSUR, CHEMBUKKAVU P.O.
THRISSUR, PIN-680020.
WP(C).No.1050 OF 2020(E)
2
6 THE CHIEF WILDLIFE WARDEN,
STATE OF KERALA, FOREST HEADQUARTERS,
VAZHUTHACUAD, THIRUVANANTHAPURAM-695 014.
7 UNION OF INDIA,
REP BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, 3RD FLOOR,
VAYU WING, INDIRA PARYAVARAN BHAVAN,
JORBAGH ROAD, ALIGANJ, NEW DELHI-110003.
8 THE NATIONAL BOARD OF WILD LIFE /STANDING
COMMITTEE NATIONAL BORD OF WILD LIFE,
REP. BY IT 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.
SR GP SRI.RAJASEKHARAN NAIR
SPL GP SRI.SANDESH RAJA .K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.1050 OF 2020(E)
3
JUDGMENT
The petitioner is the holder of the quarrying permit with Environmental Clearance, but in view of the judgments of Hon'ble Supreme Court in Goa Foundation v. Union of India and others [(2014) 6 supreme Court cases 590] and this Court vide judgment in W.P.(C).No.26341/2019 issued various decisions. The petitioner is affected with Ext.P5 notice dated 02.05.2019 issued by the Geologist. In these circumstances, the Environmental Clearance of the petitioner is to be sent to the appropriate Authority in terms of the directions in Ext.P7, as in many other cases of such nature, which had already been disposed of in terms of the above directions, which reads as under:
"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 petitioners to make available their papers before the competent authority of the Government, which is WP(C).No.1050 OF 2020(E) 4 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) In the case of W.P.(C) Nos.28014/2019, 28913/2019, 29336/2019 and 29654/2019, since the petitioners therein assert that they are operating their quarries on the basis of a mininglease prior to 18.05.2012, the Government will forward a file of theirs - recording that they have not obtained Environmental Clearances for this reason - but containing all other relevant documents, including the Mining Lease and Plan, as the case may be and if this is done, it will be construed by the MoEF to be in compliance with the directions in this judgment.
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 ((2006(4)KLT Online 1110 (SC) = (2011) 15 SCC 791) 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 WP(C).No.1050 OF 2020(E) 5 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 petitioners will, thereupon, be entitled to commence their activities as per the Environmental Clearances and the Mining Leases obtained by them. 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 petitioners will be entitled to operate their quarries depending upon the said notification and as per the stipulations therein."
The present writ petition stands disposed of in terms of the aforementioned directions.
Sd/-
AMIT RAWAL
nak JUDGE
WP(C).No.1050 OF 2020(E)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF MINING PERMIT DATED
8.2.2019 ISSUED BY THE 5TH RESPONDENT EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 29.5.2018 EXHIBIT P3 TRUE COPY OF THE PANCHAYAT LICENCE DATED 29.11.2018 WITH TRANSLATION EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 23.7.2018 ISSUED KERALA STATE POLLUTION CONTROL BOARD WHICH IS VALID UP TO 31.12.2022 EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 2.5.2019 ISSUED BY THE GEOLOGIST WITH TRANSLATIONS EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 20.5.2019 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN WPC NO 26431/2019 //TRUE COPY// P.A TO JUDGE