Kerala High Court
M/S.Cmj Granites vs The Assistant Environmental Engineer on 23 November, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
WP(C).No. 8898 of 2017 (J)
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PETITIONER:
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M/S.CMJ GRANITES, BUILDING NO.8/215,
MARIYAPURAM, IDUKKI,
REPRESENTED BY ITS MANAGING PARTNER,
SEBASTIAN C.JACOB
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENTS:
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1. THE ASSISTANT ENVIRONMENTAL ENGINEER,
THE KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, IDUKKI, ESSAREN BUILDING,
AANAKOODU JUNCTION, THODUPUZHA,
IDUKKI - 685 584.
2. THE KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O., TRIVANDRUM - 695 004.
3. THE SECRETARY, MARIYAPURAM GRAMA PANCHAYAT,
MARIYAPURAM, IDUKKI - 685 602.
BY SRI. T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16-03-17, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 8898 of 2017 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1 : TRUE COPY OF PROCEEDINGS OF THE DIRECTOR
MINING & GEOLOGY, DATED 23-11-2006.
EXHIBIT 2 : TRUE COPY OF EXPLOSIVE LICENCE ISSUED BY THE
EXPLOSIVE DEPARTMENT, VALID UPTO 31-03-2020.
EXHIBIT P3 : TRUE COPY OF CERITIFICATE OF COMPETENCY OF
THE PERSON, WHO IS CONDUCTING
BLASTING OPERATION.
EXHIBIT P4 : TRUE COPY OF CONSENT TO OPERATE ISSUED BY
THE POLLUTION CONTROL BOARD VALID UPTO
31-03-2017.
EXHIBIT P5 : TRUE COPY OF RECEIPT DATED 14-02-2017 SHOWING
SUBMISSION OF ONLINE APPLICATION.
EXHIBIT P7 : TRUE COPY OF LETTER 08-03-2017 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER INTIMATING
REJECTION OF APPLICATION.
EXHIBIT P8 : TRUE COPY OF ORDER DATED 02-12-2016 PASSED BY
THE NATIONAL GREEN TRIBUNAL.
EXHIBIT P9 : TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE
OF THE 3RD RESPONDENT.
EXHIBIT P10 : TRUE COPY OF ORDER DATED 02-12-2016 PASSED BY
THE HON'BLE SUPREME COURT.
EXHIBIT P11 : TRUE COPY OF JUDGMENT DATED 28-02-2017 PASSED
BY THIS HON'BLE COURT IN WP(C) NO.5456/2017.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.8898 of 2017
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Dated this the 16th day of March, 2017
JUDGMENT
The petitioner is stated to be conducting a granite quarry pursuant to quarrying license, granted in respect of an area less than 5 hectares, and the validity period of which expires only in the year 2020. In the writ petition, the grievance of the petitioner is essentially that the 1st and 3rd respondents are insisting on a prior environmental clearance certificate from the petitioner for renewing the consent and D&O license, issued in connection with the activities carried on by the petitioner.
2. I have heard the learned Counsel for the petitioner and the learned Standing counsel for respondents.
3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that, by virtue of the decision of this Court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78], it has been clarified that, the requirement of obtaining an environmental clearance certificate, in the case of those quarrying leases that W.P.(c).No. 8898 of 2017 : 2 : were issued prior to 18.05.2012, arises only when the lease comes up for renewal. Resultantly, the insistence by the 1st respondent Board for an environmental clearance certificate as a pre-condition for considering the applications preferred by the petitioner for renewal of its consent, cannot be legally sustained. Accordingly, I direct the 1st and 3rd respondents to consider the applications preferred by the petitioner for renewal of the consent and the D & O license, respectively, on merits, and without insisting on an environmental clearance certificate from the petitioner. The said respondents shall pass orders on the applications submitted by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition, along with a copy of this judgment, before the 1st and 3rd respondents, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/