Kerala High Court
M/S. Rahmath Granites & Crushers vs The District Geologist on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.38333/2024 1/5 Order Date : 01-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 1st day of November 2024 / 10th Karthika, 1946
WP(C) NO. 38333 OF 2024
PETITIONER:
M/S. RAHMATH GRANITES & CRUSHERS REPRESENTED BY ITS MANAGING
PARTNER, MOOSAKUTTY HAJI, AGED 71 YEARS, S/O. UNNI MUHAMMED MOLLA
RESIDING AT NENDUMKANDATHIL HOUSE, PANNIPPARA PO, EDAVANNA,
MALAPPURAM , PIN - 676541
RESPONDENTS:
1. THE DISTRICT GEOLOGIST MALAPPURAM DISTRICT, MINING AND GEOLOGY
DEPARTMENT, OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
MANJERI, MALAPPURAM , PIN - 676121
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE PO, THIRUVANANTHAPURAM , PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT , PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4 TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 685001
5. UNION OF INDIA REPRESENTED BY ITS DIRECTOR, MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, NEW DELHI, PIN -
110014
6. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS
CHAIRMAN, PATTOM PO, THIRUVANANTHAPURAM , PIN - 695004
7. THE SECRETARY EDAVANNA GRAMA PANCHAYATH, EDAVANNA, MALAPPURAM, PIN -
676541
8. THE SECRETARY THRIKALANGODE GRAMA PANCHAYATH, THRIKILANGODE,
MALAPPURAM DISTRICT , PIN - 676127
9. THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX,
THAMPANOOR, THIRUVANANTHAPURAM , PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to : i) stay the operation of ext. p17 judgment to the extent it
direcxt that the mining by lease holders who have been granted
environmental clearance by deiaa shall not be allowed to operate, if no
appraisal/reappraisal is made by seiaa within 3 months from the date of
ext. p17 judgment. ii) to direct respondent nos. 1 & 2 to issue movement
permits and transit passes to the petitioner and also permit the
petitioner to access the kompas, without insisting for any reappraisal of
the environmental clearance, provisionally, pending final disposal of the
above writ petition forthwith.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. T.P.SAJID, K.P.MOHAMED SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N.,
WP(C) No.38333/2024 2/5 Order Date : 01-11-2024
SREESHMA B. CHANDRAN, HASHARURAHIMAN U.& MOHEMED FAVAS Advocates for the
petitioner, the court passed the following:
WP(C) No.38333/2024 3/5 Order Date : 01-11-2024
DR.KAUSER EDAPPAGATH, J.
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W.P.(C) Nos.38236, 38333, 38335,
38380 & 38432 of 2024
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Dated this the 1st day of November, 2024
ORDER
Heard.
In view of the order passed on 14.10.2024 by the Ministry of Environment, Forest and Climate Change, all the statutory authorities shall treat the Environmental Clearance issued by DEIAAs between 15.01.2016 and 12.12.2018 as valid till 7.11.2024, subject to availability of project life as laid down in the Mining Plan approved and renewed by the competent authority and mineable reserves and on condition that the petitioners satisfy all other statutory formalities.
Post on 04.11.2024 along with W.P.(C) No.38528/2024 and connected cases.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) No.38333/2024 4/5 Order Date : 01-11-2024 APPENDIX OF WP(C) 38333/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE IN FORM H EXECUTED ON 14/8/2017 WHICH IS VALID TILL 13/8/2027 UNDER THE TERMS OF RULE 43 OF THE KERALA MINOR MINERAL CONCESSIONS RULES, 2015 AND IN COMPLIANCE OF ARTICLE 299 OF THE CONSTITUTION OF INDIA Exhibit P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA TO THE PETITIONER HAVING EC NO. 10/2017 DATED 19/6/2017 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE DATED 4/3/2020 ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE DATED 19/8/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P4(a) TRUE COPY OF THE CONSENT OF VARIATION ORDER ISSUED BY THE 7TH RESPONDENT DATED 11/5/2022 TO THE PETITIONER Exhibit P4(b) TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER , DATED 24/02/2024 Exhibit P5 TRUE COPY OF THE LICENSE ISSUED UNDER 232 OF THE PANCHAYAT RAJ ACT, 1994 BY THE THRIKALAKODE GRAMA PANCHAYAT TO THE PETITIONER DATED 24/6/2023 Exhibit P5(a) TRUE COPY OF THE LICENSE DATED 04/04/2019 ISSUED BY EDAVANNA GRAMA PANCHAYATH TO THE PETITIONER Exhibit P6 TRUE COPY OF THE MOVEMENT PERMIT DATED 21/2/2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE GAZZETTE NOTIFICATION IN SO NO.
1807(E) DATED 12/4/2022 Exhibit P8 TRUE COPY OF THE FRONT PAGE OF THE MINING PLAN DATED 15/5/2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P9 TRUE COPY OF THE ORDER IN W.P.(C). NO. 7293/2023 DATED 1/6/2023 OF THIS HON'BLE COURT Exhibit P10 TRUE COPY OF THE ORDER DATED 16/11/2023 IN W.P.(C). NO.
26430/2023 OF THIS HON'BLE COURT Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 4/3/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P12 TRUE COPY OF THE O.M. DATED 28/4/2023 ISSUED BY THE MOEF Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN TRIBUNAL DATED 7/12/2022 IN O.A. NO. 142/2022 IN JAYANTH KUMAR VS. MOEF & CC Exhibit P14 TRUE COPY OF THE SOP DATED 15/1/2024 ISSUED BY THE MOEF Exhibit P15 TRUE COPY OF THE O.M. DATED 15/3/2024 ISSUED BY THE MOEF EXTENDING THE TIME FOR REAPPRAISAL Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 30/08/2024 IN I.A. NO. 6/2024 IN W.P.(C). NO. 14936/2024 OF THIS HON'BLE COURT Exhibit P17 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A. NO.
142/2022 DATED 08/08/2024 Exhibit P18 TRUE COPY OF THE INTERIM ORDER DATED 12/03/2024 IN W.P.(C). NO. 9771/2024 OF THIS HON'BLE COURT WP(C) No.38333/2024 5/5 Order Date : 01-11-2024 Exhibit P19 TRUE COPY OF THE ORDER DATED 24/10/2024 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 36597/2024