Kerala High Court
K.M.Jalal vs The Ministry Of Environment on 24 January, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941
WP(C).No.2049 OF 2020(E)
PETITIONER/S:
K.M.JALAL
S/O. MUHAMMED HAJI, PROPRIETOR, M/S. STAR GRANITES,
THOTTIYANKULAMBU, ERIMAYUR P.O, ALATHUR,
PALAKKAD 678 536
BY ADV. SRI.PHILIP J.VETTICKATTU
RESPONDENT/S:
1 THE MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE, JORBAGH ROAD,
NEW DELHI-1 110 003, REPRESENTED BY ITS DIRECTOR.
2 NATIONAL BOARD FOR WILD LIFE,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
JORBAGH ROAD, NEW DELHI 110 003
REPRESENTED BY ITS MEMBER SECRETARY
3 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT,
GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM, PIN 695 001
4 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
TOWN BUS STAND COMPLEX, PALAKKAD 695 014
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, FOREST DEPARTMENT,
SECRETARIAT, TRIVANDRUM 695 001
6 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES(A)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695
001.
7 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, TRIVANDRUM 695 001
OTHER PRESENT:
SRI MANURAJ KJ GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2049 OF 2020(E) 2
JUDGMENT
The petitioner has approached this Court challenging ExtP3 stop memo dated 20.6.2019 issued by the 4 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:-
"a) Since the petitioner asserts that he is in possession of a mining lease prior to 18.05.2012 and WP(C).No.2049 OF 2020(E) 3 therefore, not being obligated to obtain an 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 WP(C).No.2049 OF 2020(E) 4 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.
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 WP(C).No.2049 OF 2020(E) 5 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.
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 WP(C).No.2049 OF 2020(E) 6 orders to be issued by the Standing Committee."
In addition to the directions already issued by the Court, I direct the competent authority to process Ext.P2(a) application for renewal of permit. But it do not tantamount to granting of the mining licence until the proceedings as aforesaid is completed or the period fixed as above expires.
Sd/-
AMIT RAWAL
sab JUDGE
WP(C).No.2049 OF 2020(E) 7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF QUARRYING PERMIT DATED 4-7-
2018 ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF
ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DATED 29-07-2017 EXHIBIT P2A TRUE COPY OF APPLICATION FILED BY THE PETITIONER FOR RENEWAL OF PEREMIT.
EXHIBIT P3 TRUE COPY OF NOTICE DT 20-06-2019 ISSUED BY THE DISTRICT GEOLOGIST, PALAKKAD AND ITS ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF OFFICE MEMORANDUM DATED 8-8- 2019 EXHIBIT P5 TRUE COPY OF RELEVANT PAGES OF NOTIFICATION PUBLISHING THE DRAFT NOTIFICATION IN RESPECT OF CHULANNUR PEAFOWL SANCTUARY