Dismissed

Marath Enterprises and Crushers Private Limited v. State of Kerala

Kerala HC19 Dec 2016WP(C)/4198/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition challenging the requirement for Environmental Clearance (EC) for quarry operations. Relying on Supreme Court and High Court precedents, the Court held that quarrying is illegal without an EC under the 2006 EIA Notification.

What did the court decide?

Writ petition dismissed. No costs awarded to the respondents.

Marath Enterprises and Crushers Private Limited… — Mining and Natural Resources | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938

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WP(C).No. 4198 of 2016 (Y)

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PETITIONER(S):

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MARATH ENTERPRISES & CRUSHERS PVT. LTD., BUILDING IV, KUWAIT BUILDING, KOOTANAD, PALAKKAD, REPRESENTED BY MANAGING DIRECTOR P.K. SUBRAMANIAN.

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BY ADVS.SRI.K.ANAND, SRI.BENNY ANTONY PAREL.

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, TOWN STAND, PALAKKAD - 678 001.

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BY SR. GOVT. PLEADER SRI.K.J. MANURAJ.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4198 of 2016 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1TRUE COPY OF THE QUARRYING PERMIT NO. 180/GBS/DOP/2706/2013/ A 1/CRPS DATED 06/11/2013.

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P2TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 04/01/2016.

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P2(A)-TRUE COPY OF THE CHALAN NO. 845 DATED 04/01/2016.

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P3TRUE COPY OF THE REJECTION ORDER NO. DOP/89/2016/A1 DATED 20/01/2016.

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P4 TRUE COPY OF THE RENEWING THE PERMIT WHICH HAS BEEN VALIDITY ON OR BEFORE 20/02/2012 RELYING ON THE GO(P) NO.144/2015/ID (S.R.O. NO.671/2015) DATED 05/10/2015 & 9.

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P5 TRUE COPY OF THE OLD PERMIT.

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P6 TRUE COPY OF THE LETTER OF INTENT GRANTED INLIEW OF RENEWED PERMIT IN SURVEY NO.37 PT DATED 18/12/2015.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. Vinod Chandran, J

---------------------------------------W.P.(C) No.4198 of 2016-Y

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Dated this the 19^th day of December, 2016

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JUDGMENT

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The writ petition has been filed challenging the insistence made by the Geologist of the Department of Mining and Geology for Environmental Clearance [for brevity “EC”] to carry on quarry operations. The petitioner claims that for quarries with less than 5 hectares extent, there is no requirement for an EC.

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As of now for obtaining a quarrying permit an Environmental Clearance (EC) under the EIA notification of 2006 is imperative. The requirement for EC emanates from Deepak Kumar v. State of Haryana [(2012) 4 SCC 629] and has been incorporated in the Environmental Impact Assessment (EIA) Notification No.2006 (SO 1533 E) dated 14.09.2006 issued by the Ministry of Environment and Forests and Climate Change; by S.O No. 141 (E) dtd. 15.01.2016. The short-term permits issued by the Department of Geology, within the State of Kerala based on the provisions in the

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WP(C) No.4198 of 2016 - 2 -

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Kerala Minor Mineral Concession Rules of 2015 (for brevity KMMC Rules), were found to be illegal by a Division Bench of this Court in All Kerala River Protection Council v. State of Kerala [2015 (2) KLT 78] . The SLP filed against the said judgment, numbered as SLP 30103 of 2015, has also been dismissed by the Hon'ble Supreme Court by order dated 02.12.2016. Hence no quarrying can be carried out without an EC.

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In such circumstance, the writ petition would stand dismissed. No costs.

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Sd/- K.Vinod Chandran Judge

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vku/-

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[ true copy ]

Marath Enterprises and Crushers Private Limited v. State of Kerala

Case brief

What is this about?

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Marath Enterprises and Crushers Private Limited v. State of Kerala

Case brief

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