Kerala High Court
Sri.Adarsh S.Babu vs The Geologist on 7 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.37504/2024 1/5 Order Date : 07-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WP(C) NO. 37504 OF 2024
PETITIONER:
SRI.ADARSH S.BABU , AGED 30 YEARS , "SAURAV", PUTHENNADA NAGAR,
THEKKEVILA P.O., KOLLAM , PIN - 691016
RESPONDENTS:
1. THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
THIRUVANANTHAPURAM , PIN - 695004
2. THE DIRECTOR MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P O, TRIVANDRUM , PIN - 695004
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
5. KERALA STATE POLLUTION CONTROL BOARD PLAMOOD, PATTOM
THIRUVANANTHAPURAM REPRESENTED BY ITS ENVIRONMENTAL ENGINEER. , PIN
- 695001
6. THE SECRETARY NELLANAD GRAMA PANCHAYAT, VENJARAMMOODU, NELLANAD,
THIRUVANANTHAPURAM , PIN - 695607
7. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI REPRESENTED BY ITS DIRECTOR , PIN -
110993
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 direct:- 1) stay the operation of ext.p14 judgment to the
extent it directs 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 3months from the date of
ext.p14 judgment. 2) direct the 5 th respondent, to extend the validity of
ext.p4 consent, for the period applied for, provisionally, without
insisting for any reappraisal of environmental clearance as a condition
precedent, pending disposal of the above writ petition, forthwith; 3)
direct the 6 th respondent, to extend the validity of ext.p5 license, for
the period applied for, provisionally, without insisting for any
reappraisal of environmental clearance as a condition precedent, pending
disposal of the above writ petition, forthwith; 4) respondents 1 and 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
disposal of the above writ petition, forthwith. 5) stay the operation of
ext.p15 o.m to the extent it states that, the inability to reappraise
clearances by the seiaa would lead to such mining leases being not allowed
to operate as the environmental clearances in such cases to be considered
WP(C) No.37504/2024 2/5 Order Date : 07-11-2024
as illegal.
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. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC, Advocates for
the petitioners the court passed the following:
WP(C) No.37504/2024 3/5 Order Date : 07-11-2024
DR.KAUSER EDAPPAGATH, J.
---------------------------------------------
W.P.(C) Nos. 7489, 7646, 35102, 35316, 36318, 36338, 36376,
36479, 36597, 36737, 37168, 37184, 37200, 37332, 37504,
37510, 37841, 37999, 38083, 38180 & 38195 of 2024
----------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
The main challenge in these writ petitions is against the judgment of NGT in O.A.No.142/2022 dated 08/08/2024.
Thereafter, on the basis of the said judgment of the NGT, the Government of India, Ministry of Envioronment, Forest and Climate Change passed an O.M.dated 14/10/2024 stating that unless appraisal/reappraisal of ECs granted by DEIAA is not done by the concerned SEIAA on or before 07/11/2024, ECs in such cases would be considered as illegal and it will lead to such mining leases being not allowed to operate.
2. The petitioners in all the writ petitions sought for stay of the above official memorandum passed by the Government of India, Ministry of Envioronment, Forest and Climate Change.
In some of the writ petitions, a separate application has been filed to stay the operation of the O.M.dated 14/10/2024. On the said applications, petitioners were already heard. The SEIAA as WP(C) No.37504/2024 4/5 Order Date : 07-11-2024 W.P.(C) No. 7489/2024 and connected cases ..2..
well as Union of India sought time to file statement. It is submitted that SEIAA has filed a statement today. The Union of India has also submitted that they have also filed the statement today.
3. This Court has already passed an interim order that all the statutory authorities shall treat the environmental clearance issued by DEIAAs between 15/01/2016 and 12/12/2018 as valid till today (07/11/2024), 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. Since the hearing on the applications filed by the petitioners to stay the operation of O.M.dated 14/10/2024 is not complete, the interim order passed above is extended for a period of one month.
4. The statement filed by the SEIAA shall be received.
Post on 22/11/2024 for hearing.
Sd/-
DR.KAUSER EDAPPAGATH JUDGE APA WP(C) No.37504/2024 5/5 Order Date : 07-11-2024 APPENDIX OF WP(C) 37504/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT, DATED 29/08/2019 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, BEARING NO.DIA/KL/MIN/12943/2018 DATED 19/05/2018 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE RENEWED EXPLOSIVE LICENSE, BEARING NO.E/SE/KL/22/172(E112073) DATED 31/01/2023, VALID UPTO 31/03/2028 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, BEARING FILE NO. KSPCB/TV/ICO/10056773/2024, DATED 21/05/2024, VALID UPTO 27/10/2024 Exhibit P4(a) TRUE COPY OF THE PAYMENT RECEIPT DATED 24/01/2024, ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT SHOWING THE REMITTANCE OF RS.22,000 TOWARDS RENEWAL FEE Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE, ISSUED BY THE SECRETARY, NELLANAD GRAMA PANCHAYAT, DATED 22/05/2024, WHICH IS VALID UPTO 27/10/2024 Exhibit P5(a) TRUE COPY OF THE PAYMENT RECEIPT DATED 22.04.2020 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT Exhibit P6 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY THE MOEF Exhibit P7 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023 Exhibit P8 TRUE COPY OF THE O.M. DATED 28-4-2023 ISSUED BY THE MOEF Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH KUMAR V. MOEF&CC Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO. 14013/2024, DATED 05/04/2024 Exhibit P11 TRUE COPY OF THE MOVEMENT PERMIT DATED 08/10/2024, WHICH IS VALID UPTO 26/10/2024 Exhibit P12 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF Exhibit P13 TRUE COPY OF THE O.M DATED 15.03.2024 ISSUED BY THE MOEF Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A 142/2022, DATED 08/08/2024 Exhibit P15 TRUE COPY OF THE O.M DATED 14/10/2024 ISSUED BY THE MOEF Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.19143/2024, DATED 12-8-2024