Allowed

Vikram Sarabhai Science Foundation v. State of Kerala

Kerala HC20 Dec 2016WP(C)/6597/2014

Case brief

AI extract

What is this about?

The court allowed a writ petition restraining the 10th respondent from quarry operations lacking Environmental Clearance under the EIA notification 2006 and valid lease/licence under Kerala Minor Mineral Concession Rules 2015.

What did the court decide?

Writ petition allowed restraining the 10th respondent from carrying on any quarry operations without permit/licence/lease under the KMMC Rules, 2015, D&O licence, consent to operate, and Environmental

Vikram Sarabhai Science Foundation Vs State of… — 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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TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938

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WP(C).No. 6597 of 2014 (Y)

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PETITIONER(S):

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VIKRAM SARABHAI SCIENCE FOUNDATION VIKRAM SARABHAI SPACE GALLERY (AN INITIATIVE OF VIKRAM SPACE CENTER OF ISRO), REPRESENTED BY ITS TRUSTEE SUNIL MADHAVAN VIKRAM SARABHAI SPACE PARK, DOOR NO.TMC 10/871, THENGODU P.O., KAKKANAD, COCHIN - PINCODE - 682030, ERNAKULAM DISTRICT.

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BY ADV. SRI.PEEYUS A.KOTTAM

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RESPONDENT(S):

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1.	STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT ANNEXE, TRIVANDRUM - 695 001.
2.	THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, COCHIN - 682 030.
3.	REVENUE DIVISIONAL OFFICER FORT COCHIN, COCHIN - 682 001
4.	DIRECTOR MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM PATTOM PALACE P.O., TRIVANDRUM - 695 004.
5.	GEOLOGIST MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KAKKANAD, COCHIN - 682 030.
6.	VILLAGE OFFICER VILLAGE OFFICE, KAKKANAD, ERNAKULAM, COCHIN - 682 030.

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WP(C).No. 6597 of 2014 (Y) :2:

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7. ASSISTANT COMMISSIONER OF POLICE TRIKKAKARA, ERNAKULAM DISTRICT, COCHIN - 682 021.

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8. SUB INSPECTOR OF POLICE POLICE STATION, TRIKKAKARA, ERNAKULAM COCHIN - 682 021.

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9. TRIKKAKKARA MUNICIPALITY TRIKKAKKARA ERNAKULAM COCHIN - 682 021 REPRESENTED BY ITS SECRETARY.

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10. ROSLIND JOHN W/O.JOHN, VADASSERY HOUSE, PACHALAM P.O., ERNAKULAM, COCHIN - 682 012.

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R1-8 BY SR. GOVERNMENT PLEADER SRI RENIL ANTO R9 BY SRI.S.SHANAVAS KHAN R10 BY ADV. SRI.S.SREEKUMAR (SR.) R10 BY ADV. SRI.P.MARTIN JOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6597 of 2014 (Y)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXT.P-1:	TRUE COPY OF THE COVERING LETTER NO.DOE/225/E2/14 DATED 22.1.2014 ISSUED BY THE 5TH RESPONDENT TO THE 10TH RESPONDENT
EXT.P-2:	TRUE COPY OF THE PROHIBITORY ORDER NO.DOE/3243/E2/13 DATED 26.6.2013 ISSUED BY THE 5TH RESPONDENT TO THE 10TH RESPONDENT
EXT.P-3:	TRUE COPY OF THE ORDER NO.637/M4/2013 DATED 14.2.2014 ISSUED BY THE 5TH RESPONDENT
EXT.P-4:	THE TRUE COPY OF THE REPRESENTATION DATED 10.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE SUB COLLECTOR, FORT COCHIN AND OTHER CONCERNED OFFICIALS
EXT.P-5:	THE TRUE PHOTOGRAPHS SHOWING THE ILLEGAL QUARRYING AND BLASTING OPERATION BEING DONE BY THE 10TH RESPONDENT

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RESPONDENT(S)' EXHIBITS:NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

W.P(C) No. 6597 of 2014 Y

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Dated this the 20^th day of December, 2016

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J U D G M E N T

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The petitioner was aggrieved with the quarry

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carried on by the 10^th respondent. The 10^th respondent

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submits that they do not have an Environmental Clearance

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(EC) and the operations have been stopped.

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The learned Government Pleader submits that

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the lease itself expired on 18.04.2014. No further licence,

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lease or permit can be issued or renewal effected without

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an EC.

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As of now for obtaining a quarrying permit an

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Environmental Clearance (EC) under the EIA notification

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WPC.No.6597/2014

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: 2 :

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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 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

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WPC.No.6597/2014

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: 3 :

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quarrying can be carried out without an EC.

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In such circumstance, the writ petition would

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stand allowed restraining the 10^th respondent from

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carrying on any quarry operations without