Kerala High Court
Jilson Joseph vs State Environmental Impact Assessment ... on 9 February, 2021
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.3337 OF 2021(N)
PETITIONER/S:
JILSON JOSEPH,AGED 46 YEARS
S/O.V.M.JOSEPH, VELIYATHIL HOUSE
PULIKURUMBA PO, NADUVIL (VIA), KANNUR 670 582.
BY ADVS.
SRI.T.P.SAJID
SMT.SHIFA LATHEEF
RESPONDENT/S:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
SEIAA,4TH FLOOR, KSRTC BUS TERMINAL BUILDING,
THAMPANOOR, THIRUVANANTHAPURAM 685 001, REP.BY ITS
MEMBER SECRETARY.
2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC)
4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM 685 001, REP.BY ITS MEMBER
SECRETARY.
OTHER PRESENT:
SC: SRI.M.P SREEKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3337 OF 2021(N) 2
JUDGMENT
In this writ petition, the petitioner has approached this Court seeking the benefit of the directions issued by this Court in the judgment dated 2.11.2020 in W.P.(C).No.17533/2020 and connected cases, whereby, 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. It is seen that while the directions were issued only in the cases that were disposed by the judgment referred above, the petitioner herein seeks an identical relief although he has yet to file formal application before the SEIAA, for the purposes of re-validation of the Environment Clearance certificate already obtained by him.
2. Taking note of the aforesaid facts, I deem it appropriate to dispose this writ petition also in line with the directions issued in the 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 applicant 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/-
A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.3337 OF 2021(N) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CONSENT OT OPERATE DATED 11/9/2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED 22/12/2017 ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 14/12/2016 BY THE GEOLOGIST, KANNUR.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CONTROLLER OF EXPLOSIVES DATED 28/2/2020 EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.86/2017 DATED 29/11/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE 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 VS.STATE OF HARYANA AND OTHERS REPORTED IN 2012 4 SCC 629 EXHIBIT P9 TRUE COPY OF THE ORDER DATED 3/11/2020 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.23578/2020 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 19/1/2021 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.1154/2021 EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 30/1/2021