Disposed

Immanuel Crushers and Mines (P) Ltd. v. Union of India

Kerala HC18 Dec 2019WP(C)/26611/2019

Case brief

AI extract

What is this about?

Existing quarries within ten kilometres of protected areas remained subject to wildlife clearance pending final Eco-Sensitive Zone notifications. The court directed time-bound referral and consideration, retaining stop memos temporarily but making them inoperative upon administrative delay beyond the prescribed period. Compliant crushers using material from other sources could continue.

What did the court decide?

Time-bound wildlife-clearance processing ordered; stop memos to lapse upon delay beyond the cumulative deadline. Compliant crushers using material from other sources permitted to operate.

Immanuel Crushers and Mines (P) Ltd. Vs Union of… — Mining and Natural Resources | Kerala HC (2019)

¶1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶5

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶6

WP(C).No.26431 OF 2019(D)

¶7

PETITIONER:

¶8

C.G.GEORGE, S/O.GEORGE, MANAGING PARTNER, M/S. SRILAKSHMI STONE CRUSHER, 27TH MILES, POOLAKKUTTY P.O., NEDUMPOYIL (VIA), KANNUR DISTRICT, PIN-670 650.

¶9

BY ADV. SRI.GEORGE MECHERIL

¶10

RESPONDENTS:

¶11

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

¶12

2 THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 001.

¶13

3 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST(WL) AND CHIEF WILDLIFE WARDEN, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010.

¶14

4 THE GEOLOGIST, CIVIL STATION, KANNUR-670 002.

¶15

5 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FOREST, ENVIRONMENT AND CLIMATE CHANGE, PARAYARAM BHAVAN, C.G.O.COMPLEX, NEW DELHI, PIN-110 001.

¶16

Addl 6 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶17

Impleaded suo motu as per order dated 18.12.2019

¶18

BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GOVT. PLEADER SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN BY ASG SRI.P.VIJAYAKUMAR

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).37907/2018(K) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WPC 26431/19 & con. Cases

¶21

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶25

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶26

WP(C).No.37907 OF 2018(K)

¶27

PETITIONERS:

¶28

JAMS GRANITES PRIVATE LIMITED, MALAVATTOM, THIRUVILWAMALA, THRISSUR DISTRICT, A PRIVATE LIMITED COMPANY REPRESENTED BY ITS MANAGING DIRECTOR K.M.SINTHIL.

¶29

BY ADVS. SRI.T.A.SHAJI SRI.ATHUL SHAJI SRI.S.ABHILASH VISHNU

¶30

RESPONDENTS:

¶31

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

¶32

2 THE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS CHAIRMAN,STANDING COMMITTEE,PARAYARAN BHAVAN,C.G.O.COMPLEX, LODI ROAD,NEW DELHI-110001.

¶33

3 DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY,KESAVADASAPURAM, PATTOM PALACE P.O.THIRUVANANTHAPURAM 695 004.

¶34

4 THE WILDLIFE WARDEN, OFFICE OF THE WILDLIFE WARDEN, PEECHI DIVISION, PEECHI P.O. THRISSUR,PIN 680 001.

¶35

5 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,PALAKKAD DISTRICT, PIN 678 014.

¶36

WPC 26431/19 & con. Cases

¶37

¶38

Addl 6 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶39

Impleaded suo motu as per order dated 18.12.2019

¶40

SPL.GP.(FORESTS) SRI.SANDESH RAJA; ADDL.AG SRI.RENJITH THAMPAN; ASG SRI.P.VIJAYAKUMAR; SC FOR SEIAA SRI.M.P.SREEKRISHNAN

¶41

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶42

WPC 26431/19 & con. Cases

¶43

¶44

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

¶46

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶47

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶48

WP(C).No.26611 OF 2019(B)

¶49

PETITIONER:

¶50

IMMANUEL CRUSHERS AND MINES (P) LTD. 34/316, PIPE LINE ROAD, PADIVATTOM, EDAPPALLY P.O., ERNAKULAM-682024, REP. BY ITS DIRECTOR SRI.TOMY JOSEPH.

¶51

BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI

¶52

RESPONDENTS:

¶53

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶54

2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶55

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶56

4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

¶57

5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE)& CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶58

WPC 26431/19 & con. Cases

¶59

¶60

6 DISTRICT GEOLOGIST, DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD -14.

¶61

Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶62

Impleaded suo motu as per order dated 18.12.2019

¶63

R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R3-6 BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN

¶64

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶65

WPC 26431/19 & con. Cases

¶66

¶67

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶68

PRESENT

¶69

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶70

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶71

WP(C).No.27299 OF 2019(J)

¶72

PETITIONER:

¶73

M/S. SAHARA GRANITES, ERIMAYUR(PO), PALAKKAD-678546, REP. BY ITS MANAGING PARTNER, MR.BIJU M, AGED 44 YEARS, S/O.M.K.MADHAVAN

¶74

BY ADV. SRI.JOBI JOSE KONDODY

¶75

RESPONDENTS:

¶76

1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, REPRESENTED BY ITS SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110003

¶77

2 THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING,INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110003

¶78

3 THE STATE BOARD OF WILDLIFE, REPRESENTED BY ITS MEMBER SECRETARY, PCCF AND CHIEF WILDLIFE, WARDEN, FOREST HEADQUARTES, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014

¶79

4 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE P.O, KESAVADSAPURAM, THIRUVANANTHAPURAM-695004

¶80

5 THE GEOLOGIST, MINING AND GEOLOGY DIRECT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD-678014

¶81

6 THE CHIEF WILDLIFE WARDEN, STATE OF KERALA, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM695014

¶82

WPC 26431/19 & con. Cases

¶83

¶84

7 THE DIVISIONAL FOREST OFFICER, NENMARA DIVISIONAL FOREST OFFICE, KOTTEKULAM, MELARGODE, NENMARA, PALAKKAD-678 508

¶85

Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶86

Impleaded suo motu as per order dated 18.12.2019

¶87

BY ADDL. AG SRI.RAJNITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶88

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶89

WPC 26431/19 & con. Cases

¶90

¶91

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶92

PRESENT

¶93

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶94

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶95

WP(C).No.27320 OF 2019(L)

¶96

PETITIONER:

¶97

M/S.PEEJAY GRANITES,CHITTADI (P.O), PALAKKAD-678 706, REP.BY ITS MANAGING PARTNER, MR. JOSHY P.J, AGED 49 YEARS, S/O. JOSPEH.

¶98

BY ADV. SRI.JOBI JOSE KONDODY

¶99

RESPONDENTS:

¶100

1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE REPRESENTED BY ITS SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003

¶101

2 THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE NATIONAL BOARD OF WILF LIFE, REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING, INDIRA, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.

¶102

3 THE STATE BOARD OF WILDLIFE,REPRESENTED BY ITS MEMBER SECRETARY, PCCF AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM-695 014

¶103

4 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE (P.O), KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004

¶104

5 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD-678 014

¶105

6 THE CHIEF WILDLIFE WARDEN, STATE OF KERALA, FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM-695 014.

¶106

WPC 26431/19 & con. Cases

¶107

¶108

7 THE DIVISIONAL FOREST OFFICER, NENMARA DIVISIONAL FOREST OFFICE, KOTTEKULAM, MELARGODE, NENMARA, PALAKKAD-678 508

¶109

Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶110

Impleaded suo motu as per order dated 18.12.2019

¶111

R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R5-7 BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.MP.SREEKRISHNAN

¶112

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶113

WPC 26431/19 & con. Cases

¶114

¶115

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶116

PRESENT

¶117

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶118

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶119

WP(C).No.27914 OF 2019(L)

¶120

PETITIONER:

¶121

NILA METALS PRIVATE LIMITED, VELLAPPARA, PAZHAYANNUR P.O., THRISSUR 680 587, REP.BY ITS MANAGING DIRECTOR SRI. A.G. MAHDAVAN.

¶122

BY ADVS.SRI.N.JAMES KOSHY SRI.T.SANJAY

¶123

RESPONDENTS:

¶124

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI 110 003.

¶125

2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILD LIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENTAL AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI 110 03.

¶126

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FROSTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶127

4 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM PATTOM PALACE P.O., THIRUVANANTHAPURAM 695 004.

¶128

5 THE PRINCIPAL CHIEF FORESTS CONSERVATOR (WILD LIFE) AND CHIEF WILDLIFE WARDEN, FORESTS HEADQUARTERS, NANDAVANAM, VAHZUTHACAUD, THIRUVANANTHAPURAM 695 014.

¶129

6 THE GEOLOGIST, DISTRICT OFFICE, CHEMBUKAVU, THRISSUR DISTRICT 680 020.

¶130

WPC 26431/19 & con. Cases

¶131

¶132

7 THE WILDLIFE WARDEN, PEECHI VAZHANI WILDLIFE SANCTUARY, PEECHI P.O. THRISUSR DISTRICT, KERALA 680 304.

¶133

Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶134

Impleaded suo motu as per order dated 18.12.2019

¶135

R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶136

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶137

WPC 26431/19 & con. Cases

¶138

¶139

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶140

PRESENT

¶141

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶142

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶143

WP(C).No.28014 OF 2019(B)

¶144

PETITIONER:

¶145

SEDEER GRANITES, KAVILUMPARA, KUNDUTHOODE P.O. VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS MANGING PARTNER, A.R. ZULFIKAR.

¶146

BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE

¶147

RESPONDENTS:

¶148

1 UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI 110 003.

¶149

2 STATE OF KERALA, REPRESENTED BY TO GOVERNMENT, FOREST AND WILDLIFE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶150

3 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.

¶151

4 THE CHIEF WILDLIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.

¶152

5 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM 695 004.

¶153

WPC 26431/19 & con. Cases

¶154

¶155

	6	THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THE BAY END FLOOR, C BLOCK OF CIVIL STATION, KOZHIKODE 673 020.
Addl	7	THE WILDLIFE WARDEN, MALABAR WILDLIFE SANCTUARY, KOZHIKODE DIVISION, PERUVANNAMUZHI RANGE, PERUVANNAMUZHI, PERAMBRA, KOZHIKODE-673 615.
Addl	8	THE STATE BOARD OF WILDLIFE, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACADU, THIRUVANANTHAPURAM-695014
Addl	9	STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI 110 003
		Impleaded as per order dated 18.12.2019 in IA 4/19
Addl	10	THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.
		Impleaded suo motu as per order dated 18.12.2019

¶156

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶157

WPC 26431/19 & con. Cases

¶158

¶159

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶160

PRESENT

¶161

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶162

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶163

WP(C).No.28036 OF 2019(D)

¶164

PETITIONER:

¶165

BABU.V.P., AGED 64 YEARS, S/O. SHANKARAN, VALLUPARAMBATH HOUSE, PONMERIPARAMBIL P.O., VILLYAPALLI, KOZHIKODE - 673 542

¶166

BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE

¶167

RESPONDENTS:

¶168

1 UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI - 110 003

¶169

2 STATE OF KERALA REPRESENTED TO GOVERNMENT, FOREST & WILDLIFE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

¶170

3 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

¶171

4 THE CHIEF WILDLIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014

¶172

5 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004

¶173

WPC 26431/19 & con. Cases

¶174

¶175

6 THE SENIOR GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THE BAY END FLOOR, C BLOCK OF CIVIL STATION, KOZHIKODE - 673 020

¶176

Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶177

Impleaded suo motu as per order dated 18.12.2019

¶178

BY ASG SRI.P.VIJAYAKUMAR BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.MP.SREEKRISHNAN

¶179

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶180

WPC 26431/19 & con. Cases

¶181

¶182

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶183

PRESENT

¶184

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶185

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶186

WP(C).No.28877 OF 2019(H)

¶187

PETITIONER:

¶188

M/S. BLUE MOUNTAIN GRANITES VELLIKULANGARA P.O,, CHALAKUDY, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, ABIN ISSAC.

¶189

BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.G.HARIKRISHNAN (TRIPUNITHURA)

¶190

RESPONDENTS:

¶191

1 THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI- 110 003, REPRESENTED BY ITS SECRETARY

¶192

2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN- 695 001

¶193

3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR -680 020 4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES(A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001 Addl 5 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶194

Impleaded suo motu as per order dated 18.12.2019

¶195

BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶196

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶197

WPC 26431/19 & con. Cases

¶198

¶199

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶200

PRESENT

¶201

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶202

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 WP(C).No.28913 OF 2019(L)

¶203

PETITIONER:

¶204

A.V.JOHNEY, EDASSERIL HOUSE, NEELESWARAM, KALADI P.O, ERNAKULAM.

¶205

BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.G.HARIKRISHNAN (TRIPUNITHURA) GOVERNMENT PLEADER

¶206

RESPONDENTS:

¶207

1 THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI-110 003

¶208

2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN-695 001

¶209

3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, IDUKKI-685 584

¶210

4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

¶211

Addl 5 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶212

Impleaded suo motu as per order dated 18.12.2019

¶213

BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶214

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶215

WPC 26431/19 & con. Cases

¶216

¶217

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶218

PRESENT

¶219

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶220

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶221

WP(C).No.28938 OF 2019(N)

¶222

PETITIONER:

¶223

M/S. MRIDHUL GRANITES AND CRUSHER (P) LTD KOTHARA, MADAKKATHARA P O, THRISSUR-680651, REPRESENTED BY ITS MANAGING DIRECTOR, JOSE JOHN.

¶224

BY ADV.SRI.SANTHOSH MATHEW

¶225

RESPONDENTS:

¶226

1 STATE OF KERALA REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶227

2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P O, THIRUVANANTHAPURAM-695004.

¶228

Addl 3 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶229

Impleaded suo motu as per order dated 18.12.2019

¶230

BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶231

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶232

WPC 26431/19 & con. Cases

¶233

¶234

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶235

PRESENT

¶236

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶237

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶238

WP(C).No.29336 OF 2019(N)

¶239

PETITIONERS:

¶240

1 REJI KURIAKOSE, AGED 49 YEARS, S/O.KURIAKOSE, CHIRACKAL HOUSE, THURUTHY.P.O., PERUMBAVOOR, PIN-683545, ERNAKULAM DISTRICT.

¶241

2 SMT.JEEVA REJI, AGED 43 YEARS, W/O.REJI KURIAKOSE, CHIRACKAL HOUSE, THURUTHY.P.O., PERUMBAVOOR, PIN-683545, ERNAKULAM DISTRICT.

¶242

BY ADVS.SRI.M.K.DILEEPAN SRI.TOMMY LOUIS SRI.BABY KURIAKOSE

¶243

RESPONDENTS:

¶244

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶245

2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPAURAM, PATTOM.P.O., THIRUVANANTHAPURAM, PIN-695004.

¶246

3 THE DISTRICT GEOLOGIST ERNAKULAM, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION.P.O., KAKKANAD, KOCHI-682030.

¶247

4 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, (WILD LIFE) AND CHIEF WILD LIFE WARDEN VAZHUTHACADU, THIRUVANANTHAPURAM-14.

¶248

5 THE CHIEF CONSERVATOR OF FOREST AND FILED DIRECTOR (PROJECT TIGER), KOTTAYAM, PIN-696006.

¶249

6 THE CHIEF WILD LIFE WARDEN, IDUKKI, WILD LIFE DIVISION, IDUKKI-685603.

¶250

WPC 26431/19 & con. Cases

¶251

¶252

7 THE CHAIRMAN, NATIONAL BOARD FOR WILD LIFE, INDIRA PARYAVAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003.

¶253

Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶254

Impleaded suo motu as per order dated 18.12.2019

¶255

BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN

¶256

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶257

WPC 26431/19 & con. Cases

¶258

¶259

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶260

PRESENT

¶261

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶262

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶263

WP(C).No.29622 OF 2019(C)

¶264

PETITIONER:

¶265

M/S. PONMUDI BLUE METAL (P) LTD., M.S.BUILDING, KALUNGU JUNCTION, VITHURA P.O., THIRUVANANTHAPURAM-695551, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. M.NIZHARUDHEEN.

¶266

BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI SRI.PAUL JACOB (P)

¶267

RESPONDENTS:

¶268

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶269

2 STANDING COMMITTEE OF THE NATIONAL BOARD OF WILDLIFE, NATIONAL BOARD OF WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶270

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶271

4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

¶272

5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) & CHIEF WILDLIFE WARDEN,FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM695014.

¶273

WPC 26431/19 & con. Cases

¶274

¶275

6 DISTRICT GEOLOGIST, DISTRICT OFFICE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.

¶276

Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶277

Impleaded suo motu as per order dated 18.12.2019

¶278

BY ASG SRI.P.VIJAYAKUMAR BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY SC SRI.MP.SREEKRISHNAN

¶279

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶280

WPC 26431/19 & con. Cases

¶281

¶282

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶283

PRESENT

¶284

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶285

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶286

WP(C).No.29654 OF 2019(F)

¶287

PETITIONER:

¶288

M/S. FOUR STAR GRANITES (P) LTD.,OLLUKKARA, KOOTTALA P.O. THRISSUR 680 652, REP.BY ITS MANAGING DIRECTOR, SRI. ANIYAN MATHEW.

¶289

BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI

¶290

RESPONDENTS:

¶291

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.

¶292

2 STANDING COMMITTEE OF THE NATIONAL BOARD OF WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENTAL AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.

¶293

3 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶294

4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM 695 004.

¶295

5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.

¶296

WPC 26431/19 & con. Cases

¶297

¶298

6 DISTRICT GEOLOGIST, DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR 680 020.

¶299

Addl	7	SHYBI C.J., AGED 42 YEARS, S/O JOSEPH, CHULLIYILLAPLAKKAL HOUSE, KOOTAALA P.O., THRISSUR - 680 652.
		Impleaded as per order dated 25.11.2019 in IA 1/19
Addl	8	THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶300

Impleaded suo motu as per order dated 18.12.2019

¶301

BY ASG SRI.P.VIJAYAKUMAR BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN BY ADV. SRI.RAJIT

¶302

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶303

WPC 26431/19 & con. Cases

¶304

¶305

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶306

PRESENT

¶307

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶308

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶309

WP(C).No.29971 OF 2019(V)

¶310

PETITIONER:

¶311

AL NASSAR GRANITES (P) LTD., VALIAKALAM, IRAVOOR, ARYANAD, THIRUVANANTHAPURAM-695 542, REPRESENTED BY ITS DIRECTOR SMT. SHAILA NASSAR.

¶312

SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN AMAL AMIR ALI

¶313

RESPONDENTS:

¶314

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶315

2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.

¶316

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶317

4 DIRECTOR OF MININGMAND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O.THIRUVANANTHAPURAM-695 004.

¶318

5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶319

WPC 26431/19 & con. Cases

¶320

¶321

6 DISTRICT GEOLOGIST, DISTRICT OFFICE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.

¶322

Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶323

Impleaded suo motu as per order dated 18.12.2019

¶324

BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶325

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶326

WPC 26431/19 & con. Cases

¶327

¶328

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶329

PRESENT

¶330

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶331

WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

¶332

WP(C).No.30450 OF 2019(E)

¶333

PETITIONER:

¶334

CHELAKKARA GRANITES, KANNIMANGALAM BUILDING, OORAMANA P.O., RAMAMANGALAM, ERNKULAM 686 730, REP.BY ITS MANAGING PARTNER K.R. VISWANATHAN.

¶335

BY ADVS.SRI.SANDEEP GOPALAKRISHNAN SMT.JINNU SARA GEORGE SMT.MITHA SUDHINDRAN SHRI. ZAFAR ANTONIO

¶336

RESPONDENTS:

¶337

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.

¶338

2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD OF WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003, REP. BY CHAIRPERSON.

¶339

3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶340

4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM 695 004.

¶341

5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FORREST HEADQUARTERS NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.

¶342

WPC 26431/19 & con. Cases

¶343

¶344

6 DISTRICT GEOLOGIST, DISTRICT OFFICE, DIRECTORATE OF MINING AND GEOLOGY, CHEMBUKKAVU, THRISSUR 680 020.

¶345

Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.

¶346

Impleaded suo motu as per order dated 18.12.2019

¶347

BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN

¶348

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶349

WPC 26431/19 & con. Cases

¶350

¶351

JUDGMENT

¶352

[WP(C).26431/2019, WP(C).37907/2018, WP(C).26611/2019, WP(C).27299/2019, WP(C).27320/2019, WP(C).27914/2019, WP(C).28014/2019, WP(C).28036/2019, WP(C).28877/2019, WP(C).28913/2019, WP(C).28938/2019, WP(C).29336/2019, WP(C).29622/2019, WP(C).29654/2019, WP(C).29971/2019, WP(C).30450/2019]

¶353

Dated this the 18th day of December 2019

¶354

In these matters, the validity of an Office Memorandum dated 08.08.2019, issued by the Ministry of Environment, Forest and Climate Change has been called into question. The petitioners, who are all persons/entities engaged in quarrying activities on the strength of Mining Leases and Environmental Clearances, allege that the impugned Office Memorandum dated 08.08.2019 (hereinafter referred to as 'the Office Memorandum') has been issued without competence and in excess of jurisdiction and therefore, that the same is illegal, unlawful and unconstitutional.

¶355

The proximate reason for the petitioners to have approached this Court in this fashion is because, based on the Office Memorandum, the concerned Geologists appear to have issued proceedings stopping their quarrying activities solely for the reason that they have not obtained prior clearances from the Standing Committee of the National Board for Wildlife ('the Standing

¶356

WPC 26431/19 & con. Cases

¶357

¶358

Committee' for short), constituted under the provisions of the Wildlife Protection Act, 1972. The petitioners say that the proceedings issued by the concerned Geologist stopping their activities are grossly improper and egregiously without basis and therefore, that they be allowed to operate the quarries de hors such illegal interdiction.

¶359

I have heard Sri.T.A.Shaji, learned Senior Counsel, assisted by Sri.Athul Shaji, learned counsel appearing for the petitioner in W.P. (C)No.37907/2019, Sri.Bechu Kurian Thomas, learned Senior Counsel, assisted by Sri.Enoch David Simon Joel, learned counsel appearing for the petitioners in W.P.(C)Nos.26611/2019, 29622/2019, 29654/2019 and 29971/2019, Sri.James Koshy, learned counsel appearing for the petitioner in W.P.(C)No.27914/2019, Sri.George Mecheril, learned counsel appearing for the petitioner in W.P.(C)No.26341/2019, Sri.Jobi Jose Kondody, learned counsel appearing for the petitioners in W.P. (C)Nos.27299/2019 and 27320/2019, Sri.Santhosh Mathew, learned counsel appearing for the petitioners in W.P.(C)No.28014/2019, 28036/2019 and 28938/2019, Sri.Philip J.Vettikkattu, learned counsel appearing for the petitioners in W.P.(C)Nos.28877/2019 and 28913/2019, Sri.Baby Kuriakose and Sri.M.K.Dileepan, learned counsel appearing for the petitioner in W.P.(C)No.29336/2019, Sri.Sandeep Gopalakrishnan, learned counsel appearing for the petitioner in W.P.(C)No.30450/2019, Sri.Renjith Thampan, learned

¶360

WPC 26431/19 & con. Cases

¶361

¶362

Additional Advocate General, assisted by Sri.Sandesh Raja, learned Special Government Pleader for Forests, Sri.P.Vijayakumar, learned Assistant Solicitor General of India, assisted by Sri.K.Rajkumar, learned Central Government Counsel appearing for the Union of India and its functionaries and Sri.M.P.Srekrishnan, learned Standing Counsel for the State Environment Impact Assessment Authority (SEIAA).

¶363

As I have mentioned in the opening paragraph of this judgment, the challenge of the petitioners is essentially against the Official Memorandum dated 08.08.2019, wherein the procedure for consideration of Environmental Clearances for developmental projects, located within ten kilometres of National Parks/Wildlife Sanctuaries, under the provisions of the Environmental Impact Assessment Notification, 2006 (EIA Notification) has been stipulated. The said Memorandum begins by saying that the Hon'ble Supreme Court has, in its order dated 04.12.2006 in W.P.(C)No.460/2004 - in the matter of Goa Foundation v. Union of India ((2011) 15 SCC 791) has, inter alia, directed that 'the Ministry of Environment and Forests (MoEF) would refer to the Standing Committee the cases where Environmental Clearances have already been granted, where activities are within ten kilometre zone of the boundaries of the various Sanctuaries and National Parks'. The Memorandum further

¶364

WPC 26431/19 & con. Cases

¶365

¶366

goes to say that the Ministry has notified the Eco-Sensitive Zones (ESZs) around the Protected Areas (PAs) and that many of the developmental activities are prohibited/regulated within these ESZs, inter alia, the mining operations carried out in accordance with the order of the Hon'ble Supreme Court in the matter of T.N.Godavarman Thirumulapad v. Union of India in W.P. (C)No.202/1995. The notification thereafter goes to say that, in the light of these orders passed by the Hon'ble Supreme Court, the procedure for consideration of developmental projects are to adhere the following procedure and manner:

¶367

“i. Proposals involving developmental activity/project located within the notified Eco-Sensitive Zone (ESZ) shall be regulated and governed by the concerned ESZ notification. However, for the developmental project/activity located within the notified ESZ and covered under the schedule of the EIA Notification 2006, prior clearance from Standing committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference as well as wildlife clearance.

¶368

ii. Proposals involving developmental activity/project located outside the stipulated boundary limit of notified ESZ and located within 10 km of National park/Wildlife Sanctuary, prior clearance from Standing Committee of the National Board for Wildlife (SCNBWL) may not be applicable. However, such proposals from environmental angle including impact of developmental activity/project on the wildlife habitat, if any, would be examined by the sector specific Expert Appraisal Committee and appropriate conservation measures in the form of recommendations shall be made. These recommendations shall be explicitly mentioned in the environmental clearance letter and shall be ensured by the member secretary concerned.

¶369

iii. Proposals involving developmental activity/project located within 10 km of National Park/Wildlife Sanctuary wherein final ESZ notification is not notified (or) ESZ notification is in draft stage, prior

¶370

WPC 26431/19 & con. Cases

¶371

¶372

clearance from Standing Committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference/environmental clearance as well as wildlife clearance.

¶373

iv. Proposals involving mining of minerals within the ESZ (or) one kilomtre from the boundaries of National Parks and Sanctuaries whichever is higher is prohibited in accordance with the order of the Hon'ble Supreme Court dated 04.08.2006 in the matter of T.N.Godavarman Thirumulpad Vs. UOI in W.P.(C)No.202 of 1995 and dated 21.04.2014 in the matter of Goa Foundation Vs. UOI in W.P. (C)No.435 of 2012.”

¶374

The petitioners in these cases appear to be more concerned about stipulation No.3 above, which provides that developmental activities/projects located within ten kilometres of National Parks/ Wildlife Sanctuaries - where the ESZ Notification is not notified or is in its draft stage - will require prior clearance from the Standing Committee.

¶375

The petitioners have broadly launched a two prone attack to the afore stipulation: first, by asserting that the Office Memorandum is not applicable to any of these cases, since the petitioners have already obtained Environmental Clearances and therefore, that the stipulation of a prior permission from the Standing Committee is no longer necessary and for the second, which is more or less an alternative argument, that the Office Memorandum is incompetent, since it is contrary to law, particularly because the Hon'ble Supreme Court has delivered a final judgment in Goa

¶376

WPC 26431/19 & con. Cases

¶377

¶378

Foundation , wherein the requirement of obtaining a prior clearance from the Standing Committee has no longer been mandated.

¶379

Sri.Bechu Kurian Thomas, learned Senior Counsel appearing for the petitioners in some of these cases, began his submissions by saying that the Office Memorandum has been issued by the first respondent on a misunderstanding of the orders of the Hon'ble Supreme Court and that the Hon'ble Court has never stipulated, even in the final judgment in Goa Foundation , that the quarrying activities within a radius of ten kilometres be stopped. He vehemently says that Government of Kerala has already forwarded a draft of the ESZ to the MoEF as per the requirements under the Environment (Protection) Act and that they are still pending before the Central Government for final notification and that in such scenario, the stipulation of 'ten kilometres radius' from the National Parks/Wildlife Sanctuaries is no longer relevant and in substantiation, points out the interim order dated 11.12.2019 of the Hon'ble Supreme Court in T.N.Godavarman Thirumulpad v. Union of India (W.P.(C) No.202/1995), which has been produced as Exhibit P9 in W.P.(C)No. 26611/2019, to assert that it is only where no draft proposals for ESZs have been made or are pending before the MoEF, can this stipulation be relevant. He says that this is manifest from the fact that the Hon'ble Supreme Court, in the aforementioned order, has spoken

¶380

WPC 26431/19 & con. Cases

¶381

¶382

as under:

¶383

“The proposals for declaring areas around these National Parks and Wildlife Sanctuaries as Eco Sensitive Zone have been received from State Governments/UT Administrations for 641 National parks and Wildlife Sanctuaries. No proposals have been received in respect of 21 National Parks and Wildlife Sanctuaries.

¶384

The proposals have been accepted and Notification has been issued in respect of 289 National Parks and Wildlife Sanctuaries as on 26.11.2018 and draft Notification has been prepared in respect of 206 National parks and Wildlife Sanctuaries.

¶385

The declaration with regard to Eco Sensitive Zone is under process with the Ministry of Environment, Forests and Climate Change (MoEF) as well as with the State Governments in respect of 146 National Parks and Wildlife Sanctuaries.

¶386

We expect the Ministry of Environment, Forests and Climate Change to actively pursue the preparation of the draft Notification and to issue a final Notification at the earliest.

¶387

The proposals for 21 National parks and Wildlife Sanctuaries in respect of which proposals have not yet been received by the MOEF are as follows:-

¶388

ASSAM

¶389

Pobitora Sanctuary

¶390

JAMMU AND KASHMIR

¶391

Hemis High Altitude National Park

¶392

Kishtewar National Park

¶393

Changthang Sanctuary

¶394

Hokersar Sanctuary

¶395

Trikuta Sanctuary

¶396

KARNATAKA

¶397

Jogimatti Sanctuary

¶398

Thimlapura Sanctuary

¶399

WPC 26431/19 & con. Cases

¶400

¶401

Yadahalli Chinkara Sanctuary MAHARASHTRA 10. Deolgaon Rehekuri Sanctuary 11. Thane Creek Flamingo Sanctuary 12. Malvan Marine Sanctuary MANIPUR 13. Siroi National Park 14. Khongjaingamba Ching Sanctuary MEGHALAYA 15. Baghmara Pitcher Plant Sanctuary NAGALAND 16. Fakim Sanctuary 17. Puliebadze Sanctuary 18. Rangapahar Sanctuary UTTAR PRADESH 19. Dr.Bhimrao Ambedkar Bird Sanctuary 20. Pilibhit Sanctuary WEST BENGAL 21. Jorepokhri Sanctuary

¶402

It is submitted by the learned Amicus that this issue has been pending since sometime in December, 2006. 12 years have gone-by but no effective steps have been taken by the State Governments in respect of the National parks and Wildlife Sanctuaries mentioned above.

¶403

Under the circumstances, we direct that an area of 10 kms around these 21 National parks and Wildlife Sanctuaries be declared as Eco Sensitive Zone by the MoEF. The declaration be made by the MoEF at the earliest.

¶404

WPC 26431/19 & con. Cases

¶405

¶406

Liberty is granted to the State Governments to move an application for modification of this order along with proposal only two weeks after submission of the proposals to the MoEF.”

¶407

The learned Senior Counsel thus says that the restrictions imposed through the Office Memorandum is contrary even to the views of the Hon'ble Supreme Court and therefore, that same cannot obtain any legal sanction, consequently that the interim interdiction now ordered by the concerned Geologist against the quarrying operations will require to be set aside by this Court.

¶408

Sri.Bechu Kurian Thomas, learned Senior Counsel, concluded his submissions by saying that whatever be the justification of the authority in having issued the Office Memorandum, insistence for a prior clearance from the Standing Committee may be approved by this Court, since it virtually bestows competence not available to an authority and which is not permitted by the applicable Statutes, Rules and Regulations.

¶409

Sri.Santhosh Mathew, learned counsel appearing for the some of the other petitioners in these cases, then commenced his submissions by taking me through the various orders of the Hon'ble Supreme Court in Goa Foundation . He submitted that the Hon'ble Court, through a series of orders, has only tried to regulate the manner in which quarrying operations are being conducted within a ten kilometres radius of National Parks/Wildlife Sanctuaries, but that

¶410

WPC 26431/19 & con. Cases

¶411

¶412

there is no order therein that they should be closed down merely because they are operating within the said zone. He says that the interim order referred to in the Office Memorandum, namely Goa Foundation v. Union of India ((2011) 15 SCC 791) was at a time when there were no proposals made by the State Government for the purpose of establishing ESZs and that, consequently, directions were given therein to the MoEF to offer a final opportunity to all the States/Union Territories to do so within a time frame. He says that it is in that factual context that the Hon'ble Supreme Court ordered that the MoEF should also refer to the Standing Committee - under Sections 5B and 5C(2) of the Wildlife Protection Act - the cases where Environmental Clearances have already been granted where the activities are within the ten kilometres zone. He submitted that this position becomes clear when one reads the final judgment of the Hon'ble Supreme Court, namely Goa Foundation v. Union of India and Others ((2014) 6 SCC 590), wherein the directions are available in paragraph 87 thereof. He contends that, nowhere in the said judgment, has the Hon'ble Court ordered a reference to the Standing Committee for such purpose and therefore, that it will have to be construed that the Hon'ble Court has no longer felt it necessary for this condition to be imposed, particularly because with respect to all the National Parks and Wildlife Sanctuaries in Kerala, the proposals

¶413

WPC 26431/19 & con. Cases

¶414

¶415

for ESZs are already pending before the MoEF, the drafts of the same having already been published under the provisions of Rule 5 of the Environment (Protection) Rules, 1986. He then cited the Division Bench judgment of this Court in State of Kerala and Others v. J & J. Minerals Private Limited and Others (2015 (5) KHC 854) in support of the above submissions, asserting that the learned Bench has concluded that once the final judgment in Goa Foundation (supra) had been delivered by the Hon'ble Supreme Court, the earlier interim orders will merge with the same and cannot be operated independently. He took this argument forward by relying on the judgment of this Court in Raji Mathew v. Director of Mining and Geology, Tvm. And Others (2018 (1) KHC 906) to contend that once draft notifications for ESZs have has been issued, then the MoEF can only confine the limits of the same to the area proposed and can perhaps reduce it, but cannot enhance the same, going by the specific provisions in Rule 5(3) of the Environment (Protection) Rules, 1986. He says that this has been specifically so concluded in Raji Mathew (supra) and therefore, that as matters now stand, the ESZs around the various National Parks/Wildlife Sanctuaries in Kerala are specified and delimited and consequently, that the Office Memorandum will not apply to any part of the State of Kerala.

¶416

WPC 26431/19 & con. Cases

¶417

¶418

After making the afore submissions, Sri.Santhosh Mathew attempted to impress upon this Court that the stipulation in the Office Memorandum, to obtain a prior clearance from the Standing Committee, is not statutorily permissible by taking me through the provisions of the EIA Notification, 2006 and in particular, clause 8(v) thereof, wherein clearances from other Regulatory Bodies are shown to be not required prior to the receipt of applications - for Environmental Clearances of projects or activities or screening or scoping or appraisal or decision by the Regulatory Authority concerned - unless any of those are sequentially dependent on such clearance, either due to requirement of law or technical reasons. He says that since none of the applicable Statutes and Rules provide for any such requirement, which is even clear from Note 2 to the Format of the application for Environmental Clearance, the prescriptions in the Office Memorandum are clearly beyond law and beyond the competence of the authority which issued the same. He thus prayed that the Office Memorandum be set aside and the interim interdiction now placed by the Geologists be vacated.

¶419

Sri.James Koshy, learned counsel for the petitioner in W.P. (C)No.27914/2019, adopted most of the submissions made by Sri.Bechu Kurian Thomas and that of Sri.Santhosh Mathew, however, adding that in the case of his client, the area of operation is near the

¶420

WPC 26431/19 & con. Cases

¶421

¶422

Chullannur Peafowl Sanctuary, wherein, the draft notification provides the ESZ as 990 metres and that, as is evident from the counter pleadings of the Union of India, its competent authority has approved this, which makes publication of the final notification only a formality. He also relies on the judgment in Raji Mathew (supra) to say that once the draft has been approved by the Government of India, there cannot be any modification to the same and therefore, that as far as the said Sanctuary is concerned, the rigor of the Office Memorandum cannot apply since the ESZ has already been now approved by the MoEF.

¶423

Sri.Philip J.Vettickattu, learned counsel for the petitioners in W.P.(C)Nos.28877/2019 and 28913/2019, said that he is also adopting all the afore submissions made on behalf of the petitioners, but asserted that the third stipulation in the impugned Office Memorandum clearly goes contrary to Section 3(5) of the Environment (Protection) Act, 1986 and Rule of 5 of the Environment (Protection) Rules, 1986, since there is no such stipulation therein that a prior clearance of the Standing Committee is required to be obtained. He expatiated this contention by saying that the stipulation in an Office Memorandum can, at the best, be only a procedural requirement and cannot modify the statutory prescriptions, but that what is being attempted to be done through the impugned Office

¶424

WPC 26431/19 & con. Cases

¶425

¶426

Memorandum is to virtually expand and add provisions which are not available in the Statute or the Rules or sanctioned by it. He, therefore, prayed that the impugned Memorandum and the orders of interdiction by the Geologists be set aside.

¶427

Sri.George Mecheril, learned counsel for the petitioner in W.P.(C)No.26431/2019, added to the above submissions by saying that, going by the final judgment of the Hon'ble Supreme Court in Goa Foundation (supra), there is no direction therein that a quarry being operated beyond one kilometre radius of the ESZ should be closed down or that a clearance from the Standing Committee is required to be obtained and that the only restriction therein is that no quarry shall be operated within one kilometre radius of a National Park/Wildlife Sanctuary. He says that this is implicit from the manner in which the Hon'ble Supreme Court has issued the mandatory directions in the said judgment and therefore, that the concerned Geologist do not obtain any jurisdiction to issue stop memos to the various petitioners in these cases, even if the Office Memorandum had been followed, particularly because it does not insist on stoppage of quarrying activities, which are continuing on valid Environmental Clearances and other germane permissions and consents.

¶428

Sri.Jobi Jose Kondody, learned counsel for the petitioners in W.P.(C)Nos.27299/2019 and 27320/2019, while affirming the afore

¶429

WPC 26431/19 & con. Cases

¶430

¶431

submissions made by various learned counsel, made his submissions with a slight twist because, he says that his clients are not challenging the Office Memorandum per se but that they only want their Environmental Clearances to be forwarded by the Government of Kerala to the MoEF and then to be transmitted to the Standing Committee, as per the directions of the Hon'ble Supreme Court in the interim order in Goa Foundation ((2011) 15 SCC 791). He further submits that his clients are only against the stop memos issued by the Geologists since these have been given even contrary to the directions of the Hon'ble Court in the judgment in Goa Foundation ((2014) 6 SCC 590).

¶432

Once the learned counsel for the petitioners had completed their submissions as afore, the learned Additional Advocate General began by saying that it has now been well recognised by the Hon'ble Supreme Court in Goa Foundation , that it is the responsibility of the State to ensure that the wildlife and nature are protected as per the constitutional imperatives, particularly because expanding human demands on land, water and air, along with the impact of climate change, have made such consideration unexpendable and to be given top priority. He says that the concerned Geologist has issued the stop memos because the various quarries being operated by the petitioners in these cases are within ten

¶433

WPC 26431/19 & con. Cases

¶434

¶435

kilometre radius of National Parks/Wildlife Sancturies and since the Hon'ble Supreme Court has, in the order in Goa Foundation ((2011) 15 SCC 791), made it mandatory that the Standing Committee be consulted. He thus asserts that the Geologists, who are the competent statutory functionaries, have acted implicitly in compliance with the Office Memorandum and the constitutional requirements and therefore, that this Court may not set aside the interdiction now ordered, especially because, with respect to none of the National Parks/Wildlife Sanctuaries in Kerala, has the Government of India made final notification as regards the limits of the ESZs around it. The learned Additional Advocate General further went on say that the petitioners cannot obtain any locus to challenge the present Office Memorandum because it has been issued superseding the earlier Office Memorandum of 2009 wherein, it was ordered in the following manner:

¶436

“…........ The Environmental Clearance is subject to their obtaining prior clearance from Forestry and Wildlife angle including clearance from the Standing Committee of the National Board for Wildlife as applicable”.

¶437

He then cited the interim order of the Hon'ble Supreme Court in T.N.Godavarman Thirumulpad v. Union of India dated 25.10.2018

¶438

with respect to the quarrying of Bauxite being carried on by M/s.HINDALCO, wherein the Hon'ble Court found that such activities

¶439

WPC 26431/19 & con. Cases

¶440

¶441

being carried on without the clearance from the Standing Committee is an affront on law and therefore, that they were directed not to continue with the same unless they obtain such clearance. The learned Additional Advocate General, therefore, contends that the submission of the learned counsel for the petitioners that the Hon'ble Supreme Court has given up the requirement for reference to the Standing Committee, while delivering the final judgment in Goa Foundation (supra), cannot be found to be correct, particularly when the aforementioned order was issued as late as on 25.10.2018. He adds to the above by saying that that this Court also has to follow the mandate of the Hon'ble Supreme Court, requiring a reference to the Standing Committee, as is evident from the interim order of a learned Judge of this Court in W.P.(C)No.40525/2018 dated 13.06.2018 and the Bench judgment of this Court confirming the said order in W.A.No. 1201/2018, copies of which have been placed on record as Exhibits P5 and P5(a) in W.P.(C)No.26611/2019. He, therefore, prays that these writ petitions be dismissed.

¶442

The learned Assistant Solicitor General of India Sri.P.Vijayakumar, appearing for Union of India, submitted that a statement dated 12.11.2019 has been filed on record in W.P.(C)No. 26611/2019, wherein the following have been stated:

¶443

WPC 26431/19 & con. Cases

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“1. It is humbly submitted that this statement is prepared on the basis of the instructions received from Shri.Pankaj Verma, Addl. Director/Scientist 'E', Ministry of Environment, Forest and Climate Change, (Govt. of India), Indira Paryavaran Bhawan, Room No.209, Prithvi Tower, 2^nd Floor, Jor Bagh Road, New Delhi - 110 003 through e-mail. This Statement is being filed without prejudice to the right of the respondents to file a detailed counter affidavit in the matter. This statement is filed based on preliminary facts of the case only.

¶446

It is humbly prayed that 24^th Expert Committee meeting for the declaration of Eco-Sensitive Zone (ESZ) around Wild Life Sanctuaries/National parks held during 27^th and 28^th February, 2017 in the Ministry of Environment, Forest and Climate Change at Indira Paryavaran Bhawan, New Delhi.

¶447

It is humbly submitted that on 28-02-2017, proposals related to 50 Protected areas of Assam, Manipur, West Bengal, Madhya Pradesh, Telengana, Kerala and Karnataka were considered for finalisation of the draft Eco-Sensitive Zone notification.

¶448

It is submitted that officials comprising Principal CCF(WL) & CWW, ACF(PE) and EDF(WL) of Kerala Forest Department alttended the meeting as State representatives. A true copy of the relevant pages of the minutes of the 24^th Expert Committee meeting for the declaration of Eco-Sensitive Zone (ESZ) around Wild Life Sanctuaries/National Parks held during 27^th and 28^th February, 2017 in the Ministry of Environment, Forest and Climate Change at Indira Paryavaran Bhawan, New Delhi held on 27-02-2017 and 28-02-2017 is produced herewith as Annexure R1(a) .

¶449

It is humbly submitted that consequent to the expert committee meeting, after sending several communications, a specific reminder with regard to 20 Eco-Sensitive Zones, was sent to the Chief Secretary, Government of Kerala on 19-12-2017. a true copy of the letter by the Secretary to Government of India, Ministry of Environment, Forest & Climate Change dated 19-12-2017 is produced herewith as Annexure R1(b) .

¶450

It is humbly submitted that the details as sought in Annexure R1(b) and earlier communications are still awaited from the State of Kerala. Process of publication of de-novo draft notifications/final notifications with respect to the ESZs mentioned in the Annexure R1(b).

¶451

It is humbly submitted that no proposals are received for Vazhani Wild Life Sanctuary in the ESZ division of the Ministry.

¶452

The basic concept of Eco-Sensitive Zone (ESZ) is to conserve biodiversity and endangered wildlife and protect environment around

¶453

WPC 26431/19 & con. Cases

¶454

¶455

the protected areas such as National Parks and Wildlife Sanctuaries, as a 'safety zone' without impeding legitimate socio-economic development of the area and also providing adequate opportunities for livelihood security of the local people.

¶456

It is humbly submitted that while demarcating the ESZ Area, a small committee comprising the concerned Wildlife Warden, an Ecologist, an official from the Local Self Government and an official of the Revenue Department of the concerned area, to suggest the:

¶457

a) extent of eco-sensitive zones for the Protected Area being considered.

¶458

b) requirement of such a zone to act as a shock absorber

¶459

c) best methods for management of the eco-sensitive zones, so suggested.

¶460

d) broad based thematic activities to be included in the Master Plan for the region.

¶461

It is humbly submitted that based on the demarcation of the ESZ Area and extent, with the approval of the State Government it is communicated to this Ministry. The Wildlife Division of the Ministry receives the proposal from the State Government and send it to the Wildlife Institute of India (WII), Dehradum for technical evaluation/ examination of the proposal. Based on the observations of WII, the Wildlife Division examine it further and send the proposal to the ESZ Division.

¶462

It is humbly submitted ESZ Division with further assessment of the proposal issue the draft Notification following due procedure and placed the Notification in public domain for seeking stakeholders views for 60 days. The stakeholders views received in the Ministry are sent to the State Government for their consideration/redressal. The proposal then considered in the Expert Committee on ESZ in the presence of the State Government and based on the recommendation of the Expert Committee proposal is finalised.

¶463

It is humbly submitted that the final notification is therefore issued only after due consultations & onboarding of the State Govt. The objections/comments if any, received from the public or any stakeholder is duly forwarded to the State Govt. The same is considered by respective Govts.

¶464

It is humbly submitted where there is error in calculating the ESZ Area or error arising due to demarcation of ESZ boundary in such cases based on suitable justification and supporting documents, the

¶465

WPC 26431/19 & con. Cases

¶466

¶467

matter is considered by the Expert Committee comprising of experts from Wildlife Institute of India, Town and Country Planning Organisation, Indian Institute of Remote Sensing, Indian Council of Forestry Research and Education, Forest Survey of India, Zoological Survey of India, Botanical Survey of India, National Tiger Conservation Authority, G.B.Pant National Institute of Himalayan Environment and Sustainable, Department of Land Resources, Central pollution Control Board, WWF India and State Govt.

¶468

It is humbly submitted that if there are drastic changes proposed in the final notification with regard to draft Notification, usually, states are asked to submit fresh proposal for publishing re-draft Notification.

¶469

It is humbly submitted that further, in few occasion, State Government propose to increase area in some portion of the ESZ after publishing the draft Notification due to various reasons. In such cases, State Government is asked to arrange public consultation involving stakeholders and submit the proposal along with the minutes of the stakeholder consultation for further consideration of the Expert Committee. In addition, there is provision of public interest clause in the Environment (Protection) Rules, 1986 under which proposal could be published for final Notification without draft Notification.”

¶470

He says that, thereafter, as directed by this Court an additional

¶471

statement has been placed on record clarifying certain issues mentioned

¶472

in the first statement, carrying the following averments:

¶473

“Regarding the issue with regard to the Ministry's OM dated 08.08.2019 (Exhibit P10 in WP(C) 26611/2019 and Exhibit P25 in WP(C) 28014/2019), related to exercise of powers and procedure for consideration of developmental projects located within 10 km of National Park/Wildlife Sanctuary seeking environmental clearance under the provisions of the Environmental Impact Assessment (EIA) Notification, 2006 issued by the Ministry it is further submitted as follows:

¶474

i. The earlier O.M. Of the Ministry No.J-11013/41/2006 dated 2^nd December 2009, stated that “The proposal from environmental angle will be appraised by the respective Expert Appraisal Committee (EAC) and recommendations made on the same which will be processed by the Impact Assessment (IA) Division of the Ministry and approval obtained from the competent Authority (Hon'ble Minister).

¶475

WPC 26431/19 & con. Cases

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ii. While granting environmental clearance to projects involving forest land wildlife habitat (core zone of elephant/tiger etc.) and or located within 10 km of the National Park/Wildlife Sanctuary (at present the distance of 10 km has been taken in conformity with the order dated 4.12.2006 of Hon'ble Supreme Court in Writ Petition No.460 of 2004 in the matter of Goa Foundation Vs. Union of India), a specific condition shall be stipulated that the environmental clearance is subject to their obtaining prior clearance from forestry and wildlife as applicable.

¶478

iii. Further, it will also be categorically stated in the environmental clearance that grant of environmental clearance does not necessarily imply that forestry and wildlife clearance shall be granted to the project and that their proposals for forestry and wildlife clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any, based on environmental clearance so granted, in anticipation of the clearance from forestry and wildlife angle shall be entirely at the cost and risk of the project proponent and Ministry of Environment, Forest and Climate shall not be responsible in this regard in any manner.

¶479

iv. Para 4(iii) of the OM dated 08.08.2019 states that “Proposals involving developmental activity/project located within 10 km of National Park/Wildlife Sanctuary wherein final ESZ notification is not notified (or) ESZ notification is in draft stage, prior clearance from Standing Committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference/ environmental clearance as well as wildlife clearance.”

¶480

v. Accordingly, it is submitted that para 4(iii) of the OM dated 08.08.2019 was incorporated to provide clarity that the distance may be considered as 10 km taken in conformity with the order dated 4.12.2006 in Writ Petition No.460 of 2004 in the matter of Goa Foundation Vs Union of India in cases where ESZ Notification has not been finalised.”

¶481

The learned Assistant Solicitor General thus vehemently asserts that the requirement of reference to the Standing Committee is still mandatory and therefore, that the petitioners cannot impugn the Office Memorandum, which merely reflects the concerns of the Hon'ble Supreme Court and nothing more. The learned Assistant

¶482

WPC 26431/19 & con. Cases

¶483

¶484

Solicitor General, however, submits that the final notification with respect to the draft proposals forwarded to the MoEF by the Government of Kerala and published as such, have not been made and that they are awaiting certain additional information to be given by them. He says that Government of Kerala has not yet responded to the request of the MoEF for this information and therefore, that they are now incapacitated from publishing the final notification under the provisions of the Environment (Protection) Act, 1986, adding that as soon as such information is received by them, they will complete the processes without any avoidable delay. He, therefore, prays that these writ petitions be dismissed.

¶485

The submissions of the learned counsel for the parties having been recorded as afore, I now proceed to analyse the various issues impelled in these matters.

¶486

It is without doubt that the Office Memorandum impugned in these writ petitions has derived its soul from the interim order of the Hon'ble Supreme Court in Goa Foundation ((2011) 15 SCC 791). The Hon'ble Court was dealing with the establishment of ESZs around all the National Parks, Wildlife Sanctuaries and Bird Sanctuaries in India and in such context found that an opportunity is required to be given to various State Governments and Union Territories to respond to the letter of the Union Ministry dated 27.05.2005, wherein they

¶487

WPC 26431/19 & con. Cases

¶488

¶489

have been asked to give draft of the notifications specifying the area found suitable to be prescribed as an Eco Sensitive Zone. In that background, the Hon'ble Supreme Court ineluctably mandated in paragraph 5 of the said interim order that 'the MoEF would also refer to the Standing Committee of the National Board for Wildlife under Sections 5B and 5C(2) of the Wildlife (Protection) Act, 1972, the cases where environmental clearance has already been granted where activities are within ten kilometre zone'. Going by the afore direction of the Hon'ble Supreme Court, it is indubitable that the MoEF was obligated to refer all the Environmental Clearances to the Standing Committee and the only axiomatic question being whether this order of the Hon'ble Supreme Court can be construed to have been either given up or diluted thereafter.

¶490

The learned counsel for the petitioners, of course, argued that when the Goa Foundation matters were concluded by the Hon'ble Supreme Court, in the judgment in Goa Foundation v. Union of India ((2014) 6 SCC 590), there was no mention regarding the afore order and that in the said judgment, through the directions in paragraph 87 thereof, it has only been declared that the quarrying activities within a zone of one kilometre around the National Parks/ Wildlife Sanctuaries are prohibited, while it has been reiteratingly clarified that there is no such prohibition within ten kilometres. There

¶491

WPC 26431/19 & con. Cases

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is no doubt that in the said judgment the Hon'ble Supreme Court does not speak either way about the earlier directions in the interim order, though there is a mention in the said judgment, in paragraphs 39 and 40 that the Shah Commission report has accused the States for not complying with the said directions of referring the Environmental Clearances to the Standing Committee. The axiomatic question, thus, is whether the final judgment in Goa Foundation ((2014) 6 SCC 590) would take away the requirement earlier imposed by the Hon'ble Court for reference of the Environmental Clearances to the Standing Committee and though the petitioners say, relying on the judgment in J & J Minerals Private Limited (supra), that these stipulations are no longer necessary to be complied with, it having been merged with the final judgment in the Goa Foundation matter, I cannot help but notice the order of the Hon'ble Supreme Court issued much later in the matter of M/s.HINDALCO, wherein these very directions were found not to have been complied with and therefore, the interdiction ordered against M/s.HINDALCO in carrying out the quarrying activities. It is pertinent that this order was issued by the Hon'ble Supreme Court more than three years after the final judgment in Goa Foundation had been delivered and if, as stated by the learned counsel for the petitioners, the directions of the Hon'ble Court in the interim order of the year 2006 had been either whittled down or

¶494

WPC 26431/19 & con. Cases

¶495

¶496

removed, the very same conditions would not have imposed against M/s.HINDALCO. I cannot, therefore, find the submissions of the learned counsel for the petitioners in this regard to be worthy of this Court's favour and I am certain that the requirement in the Office Memorandum which is, however, with respect to the pending applications for Environmental Clearances, would also apply in the case of an Environmental Clearance that has already been issued, particularly because the said Office Memorandum merely follows the directions of the Hon'ble Supreme Court in the interim order in Goa Foundation ((2011) 15 SCC 791).

¶497

Once I conclude as above, the next germane question is whether the interdiction now ordered by the concerned Geologist to the quarrying operations should be allowed to continue or would it require to be vacated. I am fully aware that the submissions of the learned counsel for the petitioners is that, since the drafts of the ESZs have already been forwarded by the Government of Kerala to the MoEF, such a restriction is unnecessary because once those drafts have been published in terms of Rule 5 of the Environment (Protection) Rules, 1986, the area of such zones cannot be expanded and therefore, that all quarries that fall outside the zone must certainly be allowed to operate. I am also cognizant of the specific contention of Sri.Bechu Kurian Thomas and Sri.Jobi Jose Kondody that

¶498

WPC 26431/19 & con. Cases

¶499

¶500

this is more so in the case of Chullannur Peafowl Sanctuary, since the materials on record would indicate that Government of India has virtually accepted the draft proposal of the Government of Kerala and therefore, that it should be presumed that the zone has come into effect.

¶501

However, when one goes through the interim order of the Hon'ble Supreme Court in Goa Foundation ((2011) 15 SCC 791), the stipulation for reference to the Standing Committee with respect to those quarries which have already obtained Environmental Clearances and are located within the ten kilometre zone is seen to be intended to operate as an independent direction, as long as the final notification of the ESZs has not been made by the MoEF. This is singularly because, even though I find some force in the submissions of the learned counsel for the petitioners that once a draft has been published by the MoEF under the provisions of the Environment (Protection) Rules, 1986, it cannot be modified, except through a fresh notification, the chances of such a draft being notified cannot be ruled out. I am not, for a moment, saying that the MoEF has indicated its intention to do so but that, theoretically and technically, it is available to the MoEF to issue a fresh notification containing the draft proposals, thus taking the process forward culminating in a final notification. Therefore, as long as the final notification has not been

¶502

WPC 26431/19 & con. Cases

¶503

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published by the MoEF, the stipulation of the ten kilometre zone, as fixed by the Hon'ble Supreme Court, still continues to be relevant though there is no doubt that going by the final judgment in Goa Foundation, the Hon'ble Court has only found that a quarry within one kilometre is prohibited and that such activities can be allowed beyond the said limit.

¶505

On a conjoint reading of all these orders and the judgment of the Hon'ble Supreme Court and particularly in the background of the interim order issued by the Hon'ble Court in M/s.HINDALCO matter, it is ineluctable that while a quarry can be permitted to operate beyond a kilometre of the Wildlife Sanctuary/National Park, its requirement to obtain a clearance from the Standing Committee, operates independently as long as the final notification under Section 5 of the Environment (Protection) Act, 1986 has not been issued.

¶506

I am, consequently, firm in my mind, being guided by the various orders that I have already discussed above, that the prescription for obtaining the clearance from the Standing Committee still continues to be imperative and that it would not be justified for this Court to read down such requirements in any manner whatsoever. 25. The above being so concluded, the sole surviving question is whether the quarry should be allowed to operate during the period which the process as ordered in the Office Memorandum is to be

¶507

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¶509

completed. I have given this a great amount of thought and I have also heard the learned counsel for the petitioners extensively on this issue. While they assert that there is no justification for continuing the interdiction for their quarrying activities pending the afore process, I am of the view that time bound directions would be better suited in the circumstances involved in these matters, rather than vacating the interdiction at this stage. I am persuaded to this course because the petitioners were operating their quarries on the basis of valid mining leases and Environmental Clearances, but were stopped from doing so by the concerned Geologist solely on account of the Office Memorandum which, in its strictest interpretation, would apply only to the case of a person who is applying for an Environmental Clearance to start a project. However, since I have already held that notwithstanding the Office Memorandum, the requirement of obtaining a clearance from the Standing Committee even by the persons who are already operating the quarries on the strength of the clearances obtained is implicit from the orders of the Hon'ble Supreme Court, I am of the view that the present status has to be continued for a period that I propose herein within which time consultation with the Standing Committee can be then completed.

¶510

This now brings me to the stage of final directions in these cases and I am aware that in three writ petitions, the petitioners

¶511

WPC 26431/19 & con. Cases

¶512

¶513

claim that they are not obligated to apply for Environmental Clearances or to obtain the same in view of the judgment of this Court in All Kerala River Protection Council v. State of Kerala (2015 (2) KLT 78), since their leases are prior to 18.05.2012. I, therefore, asked the learned Additional Advocate General as to how these matters will be referred to the MoEF and he answered that a suitable file will be opened, containing all the details, including the copies of the mining leases and that same can be then forwarded to the MoEF. He further submitted that such files and that of the other petitioners, which will contain their Environmental Clearances and all other relevant documents, can be forwarded to the MoEF within a period of two weeks from the date of receipt of a copy of this judgment.

¶514

Resultantly, these writ petitions are ordered in the following manner:

¶515

a) The Government of Kerala will forthwith and within a period of fifteen days from the date of receipt of a copy of this judgment forward the Environmental Clearances, along with all other necessary papers, to the MoEF. If, for any reason, the necessary papers are found wanting, the Government will be at liberty to seek such from the State Environment Impact Assessment Authority (SEIAA), who will make the same available without any delay. I also leave liberty to

¶516

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¶517

¶518

the petitioners to make available their papers before the competent authority of the Government, which is stated to be the Secretary, Environment Department, for such purpose. I make it clear that the intent of this Court is that there shall be no delay in forwarding the papers and that the Government will be obligated to do so within the period granted herein, without seeking any further extension of time.

¶519

b) In the case of W.P.(C)Nos.28014/2019, 28913/2019, 29336/2019 and 29654/2019, since the petitioners therein assert that they are operating their quarries on the basis of a mining lease prior to 18.05.2012, the Government will forward a file of theirs - recording that they have not obtained Environmental Clearances for this reason - but containing all other relevant documents, including the Mining Lease and Plan, as the case may be and if this is done, it will be construed by the MoEF to be in compliance with the directions in this judgment.

¶520

c) On the files as ordered above reaching the MoEF, they will be obligated to place it before the Standing Committee within a period of one week from the date on which it is received, so as to enable the said authority to take a decision in terms of the directions of the Hon'ble Supreme Court.

¶521

d) The Standing Committee, on receiving the files as per the afore directions, will immediately process the files and make their

¶522

WPC 26431/19 & con. Cases

¶523

¶524

recommendations, as per the interim order of the Hon'ble Supreme Court in Goa Foundation ((2011) 15 SCC 791) and this shall be done not later than two months from the date on which they receive the files from the MoEF.

¶525

e) The afore directions having been issued, I must also clarify that the stop memos issued by the Geologists will remain in force only during the period that I have fixed above and if there is any delay by any authority, be that the Government of Kerala or the MoEF or the Standing Committee, in complying with the afore directions, on the expiry of the cumulative period mentioned above, the said memos issued by the Geologists will become inoperative and the petitioners will, thereupon, be entitled to commence their activities as per the Environmental Clearances and the Mining Leases obtained by them. Needless to say, if, during the aforementioned period, the final notification is issued by the MoEF under the provisions of the Environment (Protection) Act, 1986 with respect to the Eco Sensitive Zones in Kerala, the interdiction as ordered above will stand vacated from that date and the petitioners will be entitled to operate their quarries depending upon the said notification and as per the stipulations therein.

¶526

By way of a further clarification, I order that the afore directions and the operation of the stop memos, as against the

¶527

WPC 26431/19 & con. Cases

¶528

¶529

petitioners, will be only with respect to their quarrying activities and that the operation of the stone crusher units, if any, as long as they are done in compliance with all necessary imperative and statutory conditions and as long as the raw material for the same is from other sources and not from the quarries in question, will not be covered by them, thereby to mean that they can continue to operate them, notwithstanding the stop memos issued by the Geologists, subject to further orders to be issued by the Standing Committee.

¶530

As far as W.P.(C)No.28036/2019 is concerned, though the afore directions will apply to it, since the petitioner therein submits that his application for mining lease has also been kept pending by the Government of Kerala on account of the Office Memorandum, I direct the competent authority to process the said application but clarifying that they will not grant the Mining Lease, until the proceedings as afore is completed or the period fixed as above expires.

¶531

Sd/Devan Ramachandran, Judge

¶532

tkv

¶533

WPC 26431/19 & con. Cases

¶534

¶535

APPENDIX OF WP(C) 26431/2019

¶536

PETITIONER'S EXHIBITS:

¶537

EXHIBIT P1	TRUE COPY OF THE COMMUNICATION NO.6426/M3/ 2019 DATED 17.09.2019 OF THE 2ND RESPONDENT.
EXHIBIT P1 (a)	TRUE COPY OF OM NO.F.22-43/2018 IA-III DATED 08.08.2019.
EXHIBIT P2	TRUE COPY OF THE QUARRYING PERMIT RENEWED BY THE GEOLOGIST, KANNUR ON 18.07.2019.
EXHIBIT P3	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.14/2017 ISSUED ON 01.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE DISTRICT ENVIRONMENTAL AUTHORITY.
EXHIBIT P4	TRUE COPY OF THE CONSENT VARIATION ORDER DATED 20.05.2016, THE CONSENT VARIATION ORDER WAS ISSUED ON 07.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P5	TRUE COPY OF EXPLOSIVE LICENCE VIDE ORDER DATED 06.09.2016 FOR A PERIOD OF THREE YEARS. THE SAME WAS RENEWED ON 07.02.2019 VALID UPTO 31.03.2014 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES.
EXHIBIT P6	TRUE COPY OF THE LICENCE TO POSSESS THE EXPLOSIVES FROM THE MAGAZINE VALID UPTO 31.03.2024.
EXHIBIT P7	TRUE COPY OF THE D & O LICENCE NO.A3. 1080/19 DATED 03.04.2019 VALID UPTO 31.03.2020 ISSUED BY THE KANICHAR PANCHAYAT.
EXHIBIT P8	TRUE COPY OF THE CONSENT TO OPERATE/ AUTHORIZATION/REGISTRATION OF THE STONE
	CRUSHER UNIT ISSUED BY THE POLLUTION CONTROL BOARD ON 20.09.2017 VALID UPTO 10.05.2020.
EXHIBIT P9	TRUE COPY OF THE CONSENT VARIATION ORDER
	ISSUED ON 21.04.2018 ISSUED BY THE POLLUTION CONTROL BOARD.

¶538

WPC 26431/19 & con. Cases

¶539

¶540

EXHIBIT P10 TRUE COPY OF THE D & O LICENCE RENEWED FOR RUNNING STONE CRUSHER UNIT ON 04.04.2018. EXHIBIT P11 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF 24TH EXPERT COMMITTEE MEETING ON ECO-SENSITIVE ZONES MET ON 27TH & 28TH FEB 2017. EXHIBIT P12 TRUE COPY OF ORDER DATED 26.11.2018 IN WPC NO.30042/2018 OF THIS HONOURABLE COURT. EXHIBIT P13 TRUE COPY OF THE ORDER DATED 21.03.2019 IN WPC NO.30042/2018 OF THIS HONOURABLE COURT.

¶541

EXHIBIT P14 TRUE COPY OF THE RELEVANT PORTION OF THE ENVIRONMENT (PROTECTION) RULES, 1986

¶542

EXHIBIT P15 TRUE COPY OF THE NOTIFICATION GSR 513(E) DATED 28.6.2012

¶543

EXHIBIT P16 TRUE COPY OF THE STOP MEMO ISSUED ON 14.10.2019 BY THE FOURTH RESPONDENT

¶544

RESPONDENT'S EXHIBITS:

¶545

ANNEXURE R5(A) TRUE COPY OF THE LETTER SENT TO 3RD RESPONDENT DATED 05.05.2017

¶546

ANNEXURE R5(B) TRUE COPY OF THE LETTER DATED 16.11.2017

¶547

ANNEXURE R5(C) TRUE COPY OF DEMI OFFICIAL LETTER D.O.NO.25/108/ 2015-ESZ DATED 19.12.2007 TOGETHER WITH LIST OF NOTIFICATIONS SENT TO Dr.K.M.ABRAHAM, THE CHIEF SECRETARY, GOVERNMENT OF KERALA

¶548

/TRUE COPY/

¶549

P.S. TO JUDGE

¶550

WPC 26431/19 & con. Cases

¶551

¶552

APPENDIX OF WP(C) 37907/2018

¶553

PETITIONER'S EXHIBITS:

¶554

EXHIBIT P1	TRUE COPY OF THE D & O LICENSE DATED
	10.4.2018 ISSUED BY THE PERINGOTTUKURISSI GRAMA PANCHAYAT TO THE PETITIONER, WHICH IS VALID UP TO 31.3.2019
EXHIBIT P2	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO DIA/KL/PL/16/2017 DATED 5.3.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALAKKAD.
EXHIBIT P3	TRUE COPY OF THE EXPLOSIVES LICENSE DATED 21.3.2018 ISSUED BY THE PETROLEUM EXPLOSIVES SAFETY ORGANIZATION (PESO), GOVERNMENT OF INDIA.
EXHIBIT P4	A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 31.3.2018
EXHIBIT P5	TRUE COPY OF THE QUARRYING PERMIT DATED 7.5.2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER
EXHIBIT P6	TRUE COPY OF APPLICATION FOR QUARRYING PERMIT DATED 24.9.2018 SUBMITTED BY THE PETITIONER, ALONG WITH THE CHALAN REMITTING RS.1000/- BEARING THE RENEWAL FEE.
EXHIBIT P7	TRUE COPY OF THE INTERIM ORDER DATED 13.6.2018 IN WPC NO 40525 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT DATED 25.6.2018 IN WA NO 1201 OF 2018 OF THIS HON'BLE COURT.
EXHIBIT P9	TRUE COPY OF THE INTERIM ORDER DATED 13.9.2018 IN WPC NO 30042 OF 2018 OF THIS HON'BLE COURT.
EXHIBIT P10	TRUE COPY OF THE NOTIFICATION DATED
	7.12.2015 ISSUED BY THE GOVERNMENT OF INDIA CONCERNING THE CHULANNUR PEAFOWL SANCTUARY.

¶555

WPC 26431/19 & con. Cases

¶556

¶557

EXHIBIT P11	TRUE COPY 25.9.2018 CONNECTED TRIBUNAL.	OF THE COMMON JUDGMENT DATED IN APPEAL NO 15/2017 AND OTHER APPEALS OF THE NATIONAL GREEN
EXHIBIT P12	A TRUE CO 9.8.2018 I OFFICER, OFFICER, A	PY OF THE COMMUNICATION DATED SSUED TO THE DIVISIONAL FOREST NENMARA, BY THE RANGE FOREST LATHUR RANGE.
EXHIBIT P13	TRUE COPY 08/08/2019 FOREST AND OF INDIA	OF THE OFFICE MEMORANDUM DATED THE MINISTRY OF ENVIRONMENT, CLIMATE CHANGE OF THE GOVERNMENT
EXHIBIT P14	TRUE COPY 20/07/2019 OF FORESTS	OF THE COMMUNICATION DATED THE PRINCIPAL CHIEF CONSERVATOR , CHENNAI

¶558

RESPONDENT'S EXHIBITS:

¶559

EXHIBIT R4(a) A TRUE COPY OF THE OFFICE MEMORANDUM DATED 01.12.2009 EXHIBIT R4(b) A TRUE COPY OF THE OFFICE MEMORANDUM DATED 20.08.2014

¶560

EXHIBIT R4(c) A TRUE COPY OF THE COMMUNICATION ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST DATED 15.03.2011

¶561

/TRUE COPY/

¶562

P.S. TO JUDGE

¶563

WPC 26431/19 & con. Cases

¶564

¶565

APPENDIX OF WP(C) 26611/2019

¶566

PETITIONER'S EXHIBITS:

¶567

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 23.06.2017 VALID TILL 22.06.2027 ISSUED TO THE PETITIONER.

¶568

EXHIBIT P1 (a) TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 30.04.2020. EXHIBIT P1 (b) TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT VALID TILL 31.01.2024. EXHIBIT P1 (c) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE KUTHANUR GRAMA PANCHAYAT FOR OPERATING THE QUARRY. EXHIBIT P1 (d) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE KUTHANUR GRAMA PANCHAYAT FOR OPERATING THE CRUSHER UNIT. EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 31.03.2017 VALID TILL 30.03.2022 ISSUED BY THE SEIAA. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 19.09.2019 WITH NO.5421/M3/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 04.06.2019 WITH NO.DOP/1288/2019/A1 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P4 (a) TRUE COPY OF THE LETTER DATED 29.06.2019 WITH NO.WL3-1084/2018 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WP(C) NO.40525/2017 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P5 (a) TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A.NO.1201/2018 ON THE FILES OF THIS HON'BLE COURT.

¶569

WPC 26431/19 & con. Cases

¶570

¶571

EXHIBIT P6	TRUE COPY OF 02.12.2009 WI ISSUED BY THE	THE TH N 1ST	OFFICE MEMORANDUM DATED O.J-11013/41/2006-IA.II(I) RESPONDENT.
EXHIBIT P7	TRUE COPY 07.12.2015 WI 1ST RESPONDEN	OF TH S T.	THE NOTIFICATION DATED .O.3327(E) ISSUED BY THE
EXHIBIT P8	TRUE COPY OF OF THE 2ND THE PROPOSAL 16.07.2016.	THE RESPO SUBM	PRINTOUT FROM THE WEBSITE NDENT SHOWING RECEIPT OF ITTED BY THE PETITIONER ON
EXHIBIT P9	TRUE COPY OF WP(C) NO.202 HON'BLE SUPRE	THE /199 ME C	ORDER DATED 11.12.2018 IN 5 ON THE FILES OF THE OURT.
EXHIBIT P10	TRUE COPY OF 08.08.2019 ISSUED BY THE	THE WITH 1ST	OFFICE MEMORANDUM DATED F.NO.22-43/2018-IA.III RESPONDENT.

¶572

RESPONDENT'S EXHIBITS:

¶573

ANNEXURE R1(a) A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 24^th EXPERT COMMITTEE MEETING FOR THE DECLARATION OF ECOSENSITIVE ZONE (ESZ) AROUND WILD LIFE SANCTUARIES/NATIONAL PARKS HELD DURING 27^th AND 28^th FEBRUARY, 2017 IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE AT INDIRA PARYAVARAN BHAWAN, NEW DELHI HELD ON 27.02.2017 AND 28.02.2017

¶574

ANNEXURE R1(b) A TRUE COPY OF THE LETTER BY THE SECRETARY TO GOVERNMENT OF OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 19.12.2017

¶575

/TRUE COPY/

¶576

P.S. TO JUDGE

¶577

WPC 26431/19 & con. Cases

¶578

¶579

APPENDIX OF WP(C) 27299/2019

¶580

PETITIONER'S EXHIBITS:

¶581

EXHIBIT P1	A TRUE COPY OF THE QUARRYING LEASE DATED
	02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 1.8485 HECTARES OF LAND
EXHIBIT P2	A TRUE COPY OF THE QUARRYING LEASE DATED 02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 2.6102 HECTARES OF LAND
EXHIBIT P3	A TRUE COPY OF THE QUARRYING LEASE DATED 02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 2.4282 HECTARES OF LAND
EXHIBIT P4	A TRUE COPY OF THE PROCEEDINGS DATED 30.04.2019 OF THE FOURTH RESPONDENT AMALGAMATING EXHIBIT P1 TO P3 QUARRYING LEASE
EXHIBIT P5	A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY TO THE PETITIONER FOR AN AREA EXTENDING TO 9.4778 HECTARES OF LAND COMPRISED IN SURVEY NO.35/2 PT, 35/3 AND 41 PT OF ERIMAYUR-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTICT
EXHIBIT P6	A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 18.01.2018 VALID UPTO 5.12.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR TWO OF THE QUARRIES COMPRISED IN SURVEY NO.35/2 EXTENDING TO 5.9688 HECTARES OF LAND IN ERIMAYUR-I VILLAGE OF ALATHUR TALUK
EXHIBIT P7	A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER

¶582

WPC 26431/19 & con. Cases

¶583

¶584

	FOR TWO OF THE QUARRIES COMPRISED IN SURVEY NO.35/3 EXTENDING TO 0.9181 HECTARES OF LAND IN ERIMAYUR-I VILLAGE OF ALATHUR TALUK
EXHIBIT P8	A TRUE COPY OF THE CONSENT VARIATION ORDER DATED 30.05.2018 VALID UPTO 30.06.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT OF THE PETITIONER
EXHIBIT P9	A TRUE COPY OF THE D AND O LICENSE ISSUED BY THE SECRETARY, ERIMAYUR GRAMA PANCHAYAT DATED 29.3.2019 FOR OPERATING THE QUARRY OF THE PETITIONER FOR THE FINANCIAL YEAR 2019- 2020
EXHIBIT P10	A TRUE COPY OF THE D AND O LICENSE ISSUED BY THE SECRETARY, ERIMAYUR GRAMA PANCHAYAT DATED 29.03.2019 FOR OPERATING THE CRUSHER UNIT OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020
EXHIBIT P11	A TRUE COPY OF THE STOCK REPORT OF THE PETITIONER'S CRUSHER UNIT DATED 05.10.2019
EXHIBIT P12	A TRUE COPY OF THE NOTICE DATED 19.09.2019 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER
EXHIBIT P13	A TRUE COPY OF THE INTERIM ORDER DATED 04.12.2006 PASSED BY THE HONOURABLE APEX COURT IN WP(C)NO.460/2004 IN GOA FOUNDATION V. UNION OF INDIA
EXHIBIT P14	A TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WP(C)NO.40525 OF 2017 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT
EXHIBIT P15	A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 COURT IN WA NO.1201 OF 2018 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT
EXHIBIT P16	A TRUE COPY OF THE OFFICE MEMORANDUM NO.F.NO.22-43/2018-IA III DATED 08.08.2019
EXHIBIT P17	A TRUE COPY OF THE DRAFT NOTIFICATION DATED 07.12.2015 ISSUED BY THE FIRST RESPONDENT

¶585

WPC 26431/19 & con. Cases

¶586

¶587

PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY

¶588

EXHIBIT P18

¶589

A TRUE COPY OF THE ONLINE APPLICATION DATED 09.08.2018 SUBMITTED BY THE PETITIONER TO THE WEBSITE OF THE FIRST RESPONDENT

¶590

RESPONDENT'S EXHIBITS:

¶591

ANNEXURE R7(a) TRUE COPY OF THE LETTER NO.F.NO.J-11013/41/2006IA-II(I) OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 20.08.2009

¶592

/TRUE COPY/

¶593

P.S. TO JUDGE

¶594

WPC 26431/19 & con. Cases

¶595

¶596

APPENDIX OF WP(C) 27320/2019

¶597

PETITIONER'S EXHIBITS:

¶598

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 29.08.2017 VALID UPTO 28.08.2029 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 4.7664 HECTARES OF LAND. EXHIBIT P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 29.07.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALAKKAD TO THE PETITIONER TO CARRY OUT QUARRYING OPERATIONS FOR MINING BUILDING STONES IN 4.7664 HECTARES OF LAND COMPRISED IN RE-SURVEY NOS.119/10T (119/1-2), 118/1PT, 118/2PT, 118/3PT OF VANDAZHI-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT. EXHIBIT P3 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 16.08.2017 VALID UPTO 30.04.2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR THE QUARRY COMPRISED IN 119/10T (119/12), 118/2PT, 118/3PT OF VANDAZHI-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT EXTENDING TO 4.7664 HECTARES OF LAND. EXHIBIT P4 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.06.2018 VALID UPTO 30.06.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT OF THE PETITIONER. EXHIBIT P5 A TRUE COPY OF THE D& O LICENSE ISSUED BY THE SECRETARY, VANDAZHI GRAMA PANCHAYAT DATED 01.04.2019 FOR OPERATING THE QUARRY OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020

¶599

EXHIBIT P6 A TRUE COPY OF THE D&O LICENSE ISSUED BY THE SECRETARY, VANDAZHI GRAMA PANCHAYAT DATED 16.07.2019 FOR OPERATING THE CRUSHER UNIT OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020

¶600

WPC 26431/19 & con. Cases

¶601

¶602

	20.07.2004 RENEWED AND EXTENDED UPTO 31.03.2021 ISSUED BY THE JOINT CHIEF
	CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI TO THE PETITIONER.
EXHIBIT P8	A TRUE COPY OF THE STOCK REPORT OF THE PETITIONER'S CRUSHER UNIT DATED 13.10.2019.
EXHIBIT P9	A TRUE COPY OF THE NOTICE DATED 19.09.2019
	ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
EXHIBIT P10	A TRUE COPY OF THE INTERIM ORDER DATED 04.12.2006 PASSED BY THE HON'BLE APEX COURT IN W.P.(C) NO.460 OF 2004 IN GOA FOUNDATION V. UNION OF INDIA.
EXHIBIT P11	A TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN W.P.(C) NO.40525 OF 2017 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT.
EXHIBIT P12	A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 COURT IN W.A. NO.1201 OF 2018 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT.
EXHIBIT P13	A TRUE COPY OF THE OFFICE MEMORANDUM NO.F. NO.22-43/2018-IA.III DATED 08.08.2019.
EXHIBIT P14	A TRUE COPY OF THE DRAFT NOTIFICATION DATED 03.03.2016 ISSUED BY THE FIRST RESPONDENT
	PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY.
EXHIBIT P15	A TRUE COPY OF THE ONLINE APPLICATION DATED
	09.10.2019 SUBMITTED BY THE PETITIONER TO THE WEBSITE OF THE FIRST RESPONDENT.

¶603

RESPONDENT'S EXHIBITS:

¶604

ANNEXURE R7(a) TRUE COPY OF THE LETTER DATED 20.08.2014 OF THE FIRST RESPONDENT

¶605

ANNEXURE R7(b) TRUE COPY OF THE LETTER NO.F.NO.J-11013/41/2006IA-II(I) OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 01.12.2009

¶606

WPC 26431/19 & con. Cases

¶607

¶608

APPENDIX OF WP(C) 27914/2019

¶609

PETITIONER'S EXHIBITS:

¶610

EXHIBIT P1	TRUE COPY OF QUARRYING LEASE DATED
	22.05.2017 EXECUTED BETWEEN THE GOVERNMENT OF KERALA AND THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE INTEGRATED CONSENT TO
	OPERATE DATED 21.09.2018 ISSUED BY THE KERALA POLLUTION CONTROL BROAD TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF D & O LICENCE NO. A4-228/19-20 DATED 27.03.2019 ISSUED BY THE SECRETARY, PAZHAYANNUR GRAM PANCHAYAT TO THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE D & O LICENCE NO. A4- 227/19 DATED 27.03.2019 ISSUED BY THE SECRETARY, PAZHAYANNUR GRAM PANCHAYATH TO THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.167/Q/2016 AS PER ORDER NO.900/SEIAA/ EC1/3461/2015 DATED 16.12.2016 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KERALA TO THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE EXPLOSIVE LICENSE, NO. E/SC/KL/22/1721 (E77117) DATED 27.02.2019 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE, ENRAKULAM TO THE PETITIONER.
EXHIBIT P	TRUE COPY OF THE MOVEMENT PERMIT NO. THR/QL/2017/1/MP-14/2019/27498 DATED 26.08.2019 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE ORDER NO.767/2016-17/ 7979/M3/2015 DATED 02.03.2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P9	TRUE COPY OF THE FORM-L REGISTRATION CERTIFICATE ISSUED TO A REGISTERED METAL CRUSHER UNIT NO.63/2019-20/RMCU/TSR/2715/ M3/209 DATED 20.03.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

¶611

WPC 26431/19 & con. Cases

¶612

¶613

EXHIBIT P10	TRUE COPY OF T 1084/2018 DATED 5TH RESPONDENT TO	HE CIRCULAR NO. W.L.3- 29.06.2019 ISSUED BY THE THE 4TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE DATED 10.10.2019 RESPONDENT TO THE	NOTICE NO.1991/C2/TDO/18 ISSUED BY THE 6TH PETITIONER.
EXHIBIT P12	TRUE COPY OF INT NO.40525/2017 DA HONBLE HIGH COURT	ERIM ORDER PASSED IN WPC TED 13.06.2018 BY THE OF KERALA, ERNAKULAM.
EXHIBIT P13	TRUE COPY OF THE IN W.A NO.1201/2 COURT OF KERALA,	JUDGMENT DATED 25.06.2018 018 OF THE HONBLE HIGH ERNAKULAM.
EXHIBIT P14	TRUE COPY OF OFFI 41/2006-IA-II(I) THE 1ST RESPONDEN	CE MEMORANDUM NO.J-11013/ DATED 02.12.2009 ISSUED BY T.
EXHIBIT P15	TRUE COPY OF 07.12.2015 WITH THE 1ST RESPONDEN	THE NOTIFICATION DATED S.O.NO.3327(E) ISSUED BY T.
EXHIBIT P16	TRUE COPY OF 06.05.2019 SUBMI THOROUGH 7TH R CLEARANCE FROM TH	THE APPLICATION DATED TTED BY THE PETITIONER ESPONDENT FOR OBTAINING E 2NF RESPONDENT.
EXHIBIT P17	TRUE COPY OF THE DATED 11.12.2018 COURT.	ORDER IN WPC NO.202/1995 OF THE HONBLE SUPREME
EXHIBIT P18	TRUE COPY OF OFFI 2018-IA III DATED 1ST RESPONDENT.	CE MEMORANDUM F.NO.22-43/ 08.08.2019 ISSUED BY THE
EXHIBIT P19	TRUE COPY OF THE PROPOSAL FOR ESZ THE 5TH RESPONDEN	JUSTIFICATION REPORT AND DATED 02.02.2019 SENT BY T.
EXHIBIT P20	TRUE COPY OF LET BY 7TH RESPONDENT	TER DATED 11.10.2019 SENT TO THE PETITIONER.
EXHIBIT P21	TRUE COPY OF THE 4526/2018 DATED PRINCIPAL CHIEF CHENNAI.	COMMUNICATION NO. WL5(A)/ 20.07.2019 ISSUED BY THE CONSERVATOR OF FORESTS,

¶614

WPC 26431/19 & con. Cases

¶615

¶616

EXHIBIT P22

¶617

TRUE COPY OF THE ORDER DATED 13.09.2018 IN WPC NO.30042/2018 OF THE HONBLE HIGH COURT OF KERALA, ERNAKULAM.

¶618

/TRUE COPY/

¶619

P.S. TO JUDGE

¶620

WPC 26431/19 & con. Cases

¶621

¶622

APPENDIX OF WP(C) 28014/2019

¶623

PETITIONER'S EXHIBITS:

¶624

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 06.04.2011 ENTERED INTO BETWEEN THE STATE OF KERALA AND THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE NO.PCB/KKD/DO/ICO-R2/1182/2017 DATED 12.10.2017 ISSUED BY FAVOUR OF THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P3 TRUE COPY OF THE D & O LICENSE DATED 13.4.2018 ISSUED IN FAVOUR OF THE PETITIONER FOR A PERIOD FROM 01.04.2018 TILL 12.11.2018 BY THE 6TH RESPONDENT PANCHAYAT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 14.3.2017 IN WPC NO. 11984/2016 OF THIS HONOURABLE COURT. EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13.11.2013 ISSUED BY THE CENTRAL GOVERNMENT UNDER SECTION 5 OF THE ENVIRONMENT (PROTECTION) ACT, 1986. EXHIBIT P5 (a) TRUE COPY OF THE OFFICE MEMORANDUM DATED 20.12.2013 ISSUED BY THE CENTRAL GOVERNMENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.02.2014 IN APPEAL NO.29 OF 2013 PASSED BY THE NATIONAL GREEN TRIBUNAL. EXHIBIT P7 TRUE COPY OF THE LIT OF ECOLOGICALLY SENSITIVE AREA IN KAVILUMPARA VILLAGE IN KAVILUMPARA PANCHAYAT PREPARED BY THE KERLA BIODIVERSITY BOARD. EXHIBIT P8 TRUE COPY OF THE MEMORANDUM DATED 04.03.2014 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 10.03.2014 PUBLISHED BY THE MINISTRY OF ENVIRONMENTAL AND FOREST, NEW DELHI.

¶625

WPC 26431/19 & con. Cases

¶626

¶627

EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 25TH SEPTEMBER, 2014 IN O.A.NO.26/2012 OF THE NATIONAL GREEN TRIBUNAL.
EXHIBIT P11	TRUE COPY OF THE DRAFT NOTIFICATION DATED 4.09.2015 PUBLISHED BY THE MINISTRY OF ENVIRONMENTAL AND FOREST, NEW DELHI.
EXHIBIT P12	TRUE COPY OF THE NOTIFICATION DATED 27.02.2017 PUBLISHED BY THE MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI.
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 8.9.2017 IN EXECUTION APPLICATION NO.16/2017 IN O.A. NO. 26/2012 OF THE NATIONAL GREEN TRIBUNAL.
EXHIBIT P14	TRUE COPY OF THE ORDER DATED 24.08.2018 IN O.A. NO. 597/2018 OF THE NATIONAL GREEN TRIBUNAL.
EXHIBIT P15	TRUE COPY OF THE DRAFT NOTIFICATION DATED 03.10.2018 PUBLISHED BY THE MINISTRY OF ENVIRONMENT AND FOREST NEW DELHI.
EXHIBIT P16	TRUE COPY OF THE LETTER DT. 22.11.2018 SENT BY THE MEMBER SECRETARY, POLLUTION CONTROL BOARD TO THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KOZHIKDOE.
EXHIBIT P17	TRUE COPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE DATED 23/11/2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P18	TRUE COPY OF THE RENEWED D & O LICENSE DATED 13/4/2018 ISSUED BY THE PANCHAYAT TO THE PETITIONER.
EXHIBIT P19	TRUE COPY OF THE G.O.(P) NO.26/2009/F & WLD DATED 5.6.2009.
EXHIBIT P20	TRUE COPY OF THE DRAFT NOTIFICATION DATED 31.12.2015 ISSUED BY THE CENTRAL GOVERNMENT.
EXHIBIT P21	TRUE COPY OF THE GOOGLE EARTH MAP MARKING THE DISTANCE OF THE BOUNDARIES OF THE MALABAR WILDLIFE SANCTUARY, ECO SENSITIVE ZONES AND THE PETITIONERS QUARRY SITUATED.

¶628

WPC 26431/19 & con. Cases

¶629

¶630

EXHIBIT P22	TRUE	COPY	OF T	HE	COM	MUNICATION	DATED
	16.11	.2017	SENT	BY	TH	E MINISTR	Y OF
	ENVIR (ESZ-	ONMEN DIVIS	T, FORE ION).	ST	AND	CLIMATE	CHANGE
EXHIBIT P23	TRUE	COPY	OF THE	COMM	UNIC	ATION DATE	D 19TH
	DECEM	BER,	2017 S	ENT	BY	THE SECR	ETARY,
	GOVER ENVIR	NMENT ONMEN	OF T, FORES	IND T AN	IA, D CL	MINISTRY IMATE CHANG	OF E.
EXHIBIT P24	TRUE 2.12.	COPY 2009.	OF THE	OFF	ICE	MEMORANDUM	DATED
EXHIBIT P25	TRUE 8.8.2	COPY 019.	OF THE	OFF	ICE	MEMORANDUM	DATED
EXHIBIT P26	TRUE ISSUE QUARR	COPY D BY YING	OF THE THE GE OPERATOR	NO OLOG S OF	TICE IST THE	DATED 9.1 TO SOME O AREA.	0.2019 F THE
EXHIBIT P27	TRUE	COPY	OF THE	NOT	ICE	DATED 21.1	0.2019
	ISSUE PETIT	D BY IONER	THE	6TH	RES	PONDENT T	O THE

¶631

/TRUE COPY/

¶632

P.S. TO JUDGE

¶633

WPC 26431/19 & con. Cases

¶634

¶635

APPENDIX OF WP(C) 28036/2019

¶636

PETITIONER'S EXHIBITS:

¶637

EXHIBIT P1	TRUE COPY OF TH ORDERS 24/DEIAA 09.01.2018	E ENVIRONMENTAL CL /KL/MIN/9468/2017	EARANCE DATED
EXHIBIT P2	TRUE COPY OF THE NO.E/SC/KL/22/136 26.07.2018	RENEWED EXPLOSIVE 9 (E65284)	LICENSE DATED
EXHIBIT P3	TRUE COPY OF TH 230/18 DATED 19.0	E LICENCE NO. DL 6.2018	342/A3/
EXHIBIT P4	TRUE COPY OF THE ICO/R2/2355/2018	CONSENT NO. PCB/ DATED 03.02.2018	KKD/DO/
EXHIBIT P5	TRUE COPY OF THE GEOLOGIST TO THE	MINING PLAN ISSUED PETITIONER	BY THE
EXHIBIT P6	TRUE COPY OF 18.8.2017 ISSUED PETITIONER	THE COMMUNICATION BY THE GEOLOGIST	DATED TO THE
EXHIBIT P7	TRUE COPY OF THE BY THE PETITIONE DOCUMENTS TO THE	COVERING LETTER SU R PRODUCING COPIES GEOLOGIST	BMITTED OF THE
EXHIBIT P8	TRUE COPY OF THE DATED 26-08-2019 AND GEOLOGY	PETITIONER REPRESE TO THE DIRECTOR OF	NTATION MINING
EXHIBIT P9	TRUE COPY OF TH SENT BY THE DIREC	E REPLY DATED 26- TOR OF MINING AND G	08-2019 EOLOGY
EXHIBIT P10	TRUE COPY OF THE DATED 5-6-2009	G.O. (P) NO. 26/200	9/F&WLD
EXHIBIT P11	TRUE COPY OF THE 31-12-2015 ISSUED	DRAFT NOTIFICATIO BY THE CENTRAL GOV	N DATED ERNMENT
EXHIBIT P12	TRUE COPY OF 16.11.2017 SENT ENVIRONMENT FORES DIVISION)	THE COMMUNICATION BY THE MINIST T AND CLIMATE CHANG	DATED RY OF E (ESZ-
EXHIBIT P13	TRUE COPY OF THE	COMMUNICATION DAT	ED 19TH
	DECEMBER, 2017	SENT BY THE SEC	RETARY,

¶638

WPC 26431/19 & con. Cases

¶639

¶640

GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE EXHIBIT P14 TRUE COPY OF THE OFFICE MEMORANDUM DATED 2.12.2009 EXHIBIT P15 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 ISSUED BY MINISTRY OF MINISTRY OF ENVIRONMENT AND FORESTS

¶641

/TRUE COPY/

¶642

P.S. TO JUDGE

¶643

WPC 26431/19 & con. Cases

¶644

¶645

APPENDIX OF WP(C) 28877/2019

¶646

PETITIONER'S EXHIBITS:

¶647

EXHIBIT P1	TRUE COPY OF RELEVANT PAGE OF THE QUARRYING LEASE EXECUTED IN RESPECT OF THE QUARRY OF THE PETITIONER.
EXHIBIT P2	TRUE COPY OF RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY.
EXHIBIT P3	TRUE COPY OF THE LICENSE RENEWED FOR THE PERIOD 2019-2020 IN RESPECT OF THE QUARRY BY THE GRAMA PANCHAYAT.
EXHIBIT P4	TRUE COPY OF THE LICENSE RENEWED FOR THE PERIOD 2019-2020 IN RESPECT OF THE CRUSHER UNIT ISSUED BY THE PANCHAYATH
EXHIBIT P5	TRUE COPY OF NOTICE DATED 19.9.2019 ISSUED BY THE DIRECTOR, MINING & GEOLOGY DEPARTMENT.
EXHIBIT P6	TRUE COPY OF OFFICE MEMORANDUM DATED 8.8.2019, REFERRED TO IN EXT.P5
EXHIBIT P7	TRUE COPY OF JUDGMENT PASSED IN W.A.NO.1201/2018, DATED 25.6.2018, WHICH IS REFERRED TO IN EXT.P5
EXHIBIT P8	TRUE COPY OF INTERIM ORDER DATED 13.6.2018 PASSED BY THE LEARNED SINGLE JUDGE IN W.P(C) NO. 40525/2017
EXHIBIT P9	TRUE COPY OF PRINT OUT OF WILD LIFE CONSERVATION STRATEGY, 2002, TAKEN FROM THE WEB.
EXHIBIT P10	TRUE COPY OF NOTIFICATION DATED 28.7.2016 PUBLISHING THE DRAFT NOTIFICATION IN RESPECT OF CHIMINI WILD LIFE SANCTUARY.
EXHIBIT P11	TRUE COPY OF GOOGLE MAP WITH DISTANCE LOCATED BASED ON LONGITUDE AND LATITUDE WITH RESPECT TO THE UNIT OF THE PETITIONER AND THE BOUNDARY OF CHIMINY WILD LIFE SANCTUARY

¶648

WPC 26431/19 & con. Cases

¶649

¶650

APPENDIX OF WP(C) 28913/2019

¶651

PETITIONER'S EXHIBITS:

¶652

EXHIBIT P1	TRUE QUARR QUARR	COPY OF YING LEASE Y OF THE P	RELEVANT PAGES OF THE EXECUTED IN RESPECT OF THE ETITIONER DT. 11.3.2009.
EXHIBIT P2	TRUE PERIO ISSUE	COPY OF D 2019-201 D BY THE G	LICENSE, RENEWED FOR THE 0 IN RESPECT OF THE QUARRY RAMA PANCHAYAT.
EXHIBIT P3	TRUE THE 3	COPY OF NO RD RESPOND	TICE DT. 5.10.2019 ISSUED BY ENT, GEOLOGIST.
EXHIBIT P4	TRUE 8.8.2	COPY OF 019, REFER	OFFICE MEMORANDUM DATED RED TO IN EXT. P3.
EXHIBIT P5	TRUE CONSE WEB.	COPY OF RVATION ST	PRINT OUT OF WILD LIFE RATEGY, 2002, TAKEN FROM THE

¶653

/TRUE COPY/

¶654

P.S. TO JUDGE

¶655

WPC 26431/19 & con. Cases

¶656

¶657

APPENDIX OF WP(C) 28938/2019

¶658

PETITIONER'S EXHIBITS:

¶659

EXHIBIT P1	TRUE COPY OF THE ORDER 17.09.2019 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY.
EXHIBIT P2	TRUE COPY OF THE QUARRYING LEASE DATED
	08.05.2012 ISSUED IN FAVOUR OF THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE CONSENT TO OPERATE VALID UPTO 31.5.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE PROCEEDINGS OF THE SEIAA DATED 23.04.2016 GRANTING ENVIRONMENTAL CLEARANCE TO THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE EXPLOSIVE LICENCE ISSUED BY THE JOINT CONTROLLER OF EXPLOSIVE, SOUTH CIRCLE, CHENNAI DATED 1.12.2010 IN FAVOUR OF THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE PROCEEDINGS DATED 2.5.2012 GRANTING QUARRYING LEASE TO THE PETITIONER BY THE DIRECTOR OF MINING AND GEOLOGY.
EXHIBIT P7	TRUE COPY OF THE D AND O LICENSE ISSUED TO THE PETITIONER BY THE MADAKKATHARA GRAMA PANCHAYATH.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 10.10.2019 ISSUED BY THE GEOLOGIST, DISTRICT OFFICER
	OF THE MINING AND GEOLOGY DEPARTMENT, THRISSUR.
EXHIBIT P9	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE REGISTERED METAL CRUSHER UNIT ASSOCIATION, OF WHICH THE PETITIONER IS A MEMBER THEREOF.
EXHIBIT P10	TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 ISSUED BY THE MINISTRY OF
	ENVIRONMENT, FOREST AND CLIMATE CHANGE.

¶660

WPC 26431/19 & con. Cases

¶661

¶662

APPENDIX OF WP(C) 29336/2019

¶663

PETITIONER'S EXHIBITS:

¶664

EXHIBIT P1	TRUE EXECU RESPO	COPY TED B NDENT	OF Y THE DATED	THE QUARRYING LEASE DEED 1ST PETITIONER AND 3RD 5.3.2012.
EXHIBIT P2	TRUE EXECU RESPO	COPY TED B NDENT	OF Y THE DATED	THE QUARRYING LEASE DEED 1ST PETITIONER AND THE 3RD 31.1.2011.
EXHIBIT P3	TRUE BY D 19.12	COPY IRECTO .2016.	OF ORD R OF	ER NO.12131/M2/2015 ISSUED MINING AND GEOLOGY DATED
EXHIBIT P4	TRUE RESPO 27.1.	COPY NDENT 2014.	OF TO	LETTER ISSUED BY 4TH 5TH RESPONDENT DATED
EXHIBIT P5	TRUE RESPO 28.2.	COPY NDENT 2014.	OF TO	REPORT SUBMITTED BY 5TH 4TH RESPONDENT DATED
EXHIBIT P6	TRUE RESPO	COPY NDENT	OF I UNDER	NFORMATION ISSUED BY 6TH R.I ACT DATED 5.12.2013.
EXHIBIT P7	TRUE RESPO	COPY NDENT	OF TO PE	LETTER ISSUED BY 4TH TITIONERS DATED 18.3.2014.
EXHIBIT P8	TRUE RECEI	COPY PT O	OF COV F A	ERING LETTER ACKNOWLEDGING PPLICATION SUBMITTED BY
	PETIT DATED	IONERS 6.11.	FOR 2014.	ENVIRONMENTAL CLEARANCE
EXHIBIT P9	TRUE PETIT 24.7.	COPY IONERS 2018.	OF TO	REMINDER LETTER GIVEN BY 4TH RESPONDENT DATED
EXHIBIT P10	TRUE RESPO	COPY NDENT	OF TO PE	STOP MEMO ISSUED BY 3RD TITIONER DATED 21.10.2019.

¶665

APPENDIX OF WP(C) 29622/2019

¶666

PETITIONER'S EXHIBITS:

¶667

EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 28.11.2011 VALID TILL 27.11.2021 RELATING TO RE.SY.NO.62/3 ISSUED TO THE PETITIONER.

¶668

EXHIBIT P1	(a)	TRUE COPY OF THE QUARRYING LEASE DATED
		28.11.2011 VALID TILL 27.11.2021 RELATING TO OTHER SURVEY NUMBERS ISSUED TO THE PETITIONER.
EXHIBIT P1	(b)	TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY VALID TILL 27.11.2021 ISSUED BY THE POLLUTION CONTROL BOARD RELATING TO EXT.P1 LEASE.
EXHIBIT P1	(c)	TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY VALID TILL 26.11.2021 ISSUED BY THE POLLUTION CONTROL BOARD RELATING TO EXT.P1(a) LEASE.
EXHIBIT P1	(d)	TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNTIL VALID TILL 28.02.2020.
EXHIBIT P1	(e)	TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL GRAMA PANCHAYAT FOR OPERATING THE QUARRY.
EXHIBIT P1	(f)	TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL GRAMA PANCHAYAT FOR OPERATING THE CRUSHER UNIT.
EXHIBIT P2		TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 29.12.2017 VALID TILL 28.12.2022 ISSUED BY THE SEIAA.
EXHIBIT P3		TRUE COPY OF THE NOTICE DATED 16.10.2019 WITH NO.2511/DOT/ML/19 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P4		TRUE COPY OF THE LETTER ISSUED BY THE ASST. WILDLIFE WARDEN PEPPARA WILDLIFE SANCTUARY TO THE 5TH RESPONDENT.
EXHIBIT P5		TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WP(C) NO.40525/2017 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P5	(a)	TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A.NO.1201/2018 ON THE FILES OF THIS HON'BLE COURT.

¶669

WPC 26431/19 & con. Cases

¶670

¶671

EXHIBIT P6	TRUE COPY 02.12.2009 ISSUED BY	OF THE WITH N THE 1ST	OFFICE MEMORANDUM DATED O.J-11013/41/2006-IA.II(I) RESPONDENT.
EXHIBIT P7	TRUE COP 28.07.2016 1ST RESPON	Y OF WITH S DENT.	THE NOTIFICATION DATED .O.2633(E) ISSUED BY THE
EXHIBIT P8	TRUE COPY WP(C) NO. HON'BLE SU	OF THE 202/1995 PREME CO	ORDER DATED 11.12.2018 IN ON THE FILES OF THE URT.
EXHIBIT P9	TRUE COPY 08.08.2019 ISSUED BY	OF THE WITH THE 1ST	OFFICE MEMORANDUM DATED F.NO.22-43/2018-IA.III RESPONDENT.

¶672

/TRUE COPY/

¶673

P.S. TO JUDGE

¶674

WPC 26431/19 & con. Cases

¶675

¶676

APPENDIX OF WP(C) 29654/2019

¶677

PETITIONER'S EXHIBITS:

¶678

EXHIBIT P1		TRUE COPY OF THE QUARRYING LEASE DATED 10.01.2011 VALID TILL 21.02.2021 ISSUED TO THE PETITIONER.
EXHIBIT P1	(a)	TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY VALID TILL 21.02.2021 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P1	(b)	TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT VALID TILL 30.06.2023.
EXHIBIT P1	(c)	TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE QUARRY.
EXHIBIT P1	(d)	TRUE COPY OF THE D & O LICENCE FOR THE PERIOD 2019-20 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE CRUSHER UNIT.
EXHIBIT P2		TRUE COPY OF THE NOTICE DATED 10.10.2019 WITH NO. 1991/C2/TDO/18 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P3		TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WPC NO.40525/2017 ON THE FILES OF THIS HONBLE COURT.
EXHIBIT P3	(a)	TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A. NO. 1201/2018 ON THE FILES OF THIS HONBLE COURT.
EXHIBIT P4		TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.12.2009 WITH NO. J-110134/41/2006-IA. II (I) ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5		TRUE COPY OF THE NOTIFICATION DATED 03.03.2016 WITH S.O.657 (E) ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6		TRUE COPY OF THE ORDER DATED 11.12.2018 IN WPC NO. 202/1995 ON THE FILES OF THE HONBLE SUPREME COURT.

¶679

WPC 26431/19 & con. Cases

¶680

¶681

EXHIBIT P7

¶682

TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 WITH F.NO.22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT.

¶683

/TRUE COPY/

¶684

P.S. TO JUDGE

¶685

WPC 26431/19 & con. Cases

¶686

¶687

APPENDIX OF WP(C) 29971/2019

¶688

PETITIONER'S EXHIBITS:

¶689

EXHIBIT P1		TRUE COPY OF THE QUARRYING LEASE DATED
		16.03.2011 VALID TILL 15.3.2023 ISSUED TO THE PETITIONER
EXHIBIT P1	(a)	TRUE COPY OF THE CONSENT DATED 10.5.2017 VALID TILL 30.6.2020 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P1	(b)	TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL GRAMA PANCHAYAT FOR OPERATING THE QUARRY
EXHIBIT P2		TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 4.4.2017 ISSUED BY THE DEIAA
EXHIBIT P3		TRUE COPY OF THE NOTICE DATED 16.10.2019 WITH NO 2511/DOT/ML/19 ISSUED BY THE 6TH RESPONDENT
EXHIBIT P4		TRUE COPY OF THE LETTER ISSUED BY THE ASST. WILDLIFE WARDEN, PEPPARA WILDLIFE SANCTUARY TO THE 5TH RESPONDENT
EXHIBIT P5		TRUE COPY OF THE INTERIM ORDER DATED 13.6.2018 IN WPC NO 40525/2017ON THE FILES OF THIS HON'BLE COURT
EXHIBIT P5	(a)	TRUE COPY OF THE JUDGMENT DATED 25.6.2018 IN WA NO 1201/2018 ON THE FILES OF THIS HON'BLE COURT
EXHIBIT P6		TRUE COPY OF THE OFFICE MEMORANDUM DATED 2.12.2009 WITH NO J-11013/41/2006-IA.II(I) ISSUED BY THE 1ST RESPONDENT
EXHIBIT P7		TRUE COPY OF THE NOTIFICATION DATED 28.7.2016 WITH SO 2633(E) ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8		TRUE COPY OF THE ORDER DATED 11.12.2018 IN WPC NO 202/1995 ON THE FILES OF THE HON'BLE SUPREME COURT

¶690

WPC 26431/19 & con. Cases

¶691

¶692

EXHIBIT P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 WITH F.NO 22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 TRUE COPY OF GO(K) NO 29/2019/FOREST DATED 31.10.2019 ISSUED BY THE 3RD RESPONDENT

¶693

/TRUE COPY/

¶694

P.S. TO JUDGE

¶695

WPC 26431/19 & con. Cases

¶696

¶697

APPENDIX OF WP(C) 30450/2019

¶698

PETITIONER'S EXHIBITS:

¶699

EXHIBIT P1	TRUE COPY OF THE QUARRYING LEASE DATED
	18.01.2018 VALID TILL 17.10.2028 ISSUED TO
	THE PETITIONER BY RESPONDENT 3.

¶700

EXHIBIT P1	(a)	TRUE COPY OF THE OPERATE THE QUARRY CONTROL BOARD VALI	INTEGRATED CONSENT TO ISSUED BY THE POLLUTION D TILL 31.12.2020.
EXHIBIT P1	(b)	TRUE COPY OF THE R THE POLLUTION CONT CRUSHER VALID TILL	ENEWED CONSENT ISSUED BY ROL BOARD TO OPERATE THE 30.06.2023.
EXHIBIT P1	(c)	TRUE COPY OF THE PERIOD 2019-20 ISS PANCHAYAT FOR OP CRUSHER UNIT.	D & O LICENSE FOR THE UED BY THE PANJAL GRAMA ERATING THE QUARRY AND
EXHIBIT P1	(d)	TRUE COPY OF THE ISSUED BY RESPONDE	REGISTRATION CERTIFICATE NT 4.
EXHIBIT P1	(e)	TRUE COPY OF THE BY THE PETROLEUM ORGANISATION.	EXPLOSIVE LICENSE ISSUED AND EXPLOSIVES SAFETY
EXHIBIT P1	(f)	TRUE COPY OF THE CERTIFICATE DATED PERIOD OF 5 Y,EARS	ENVIRONMENTAL CLEARANCE 18.05.2017 VALID FOR A ISSUED BY THE SEIAA.
EXHIBIT P2		TRUE COPY OF THE WITH NO 1991/C2 RESPDOEENNT.	NOTICE DATED 10.10.2019 /TDO/18 ISSUED BY 6TH
EXHIBIT P3		TRUE COPY OF 03.03.2016 WITH S. 1ST RESPONDENT.	THE NOTIFICATION DAD O. 657 (E) ISSUED BY THE
EXHIBIT P3	(a)	COPY OF ORDER IN F FWLD DATED 31.10. RESPONDENT.	ILE NO. FWLD D2/46/2019- 2019 PASSED BY THE 2ND
EXHIBIT P4		TRUE COPY OF THE 08.08.2019 WITH ISSUED BY THE 1ST	OFFICE MEMORANDUM DATED F.NO. 22-43/2018-IA III RESPONDENT.

¶701

WPC 26431/19 & con. Cases

¶702

¶703

EXHIBIT P5	TRUE COPY OF THE PRINTOUT FROM THE WEBSITE OF THE 2ND RESPONDENT SHOWING RECEIPT OF THE PROPOSAL SUBMITTED BY THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 29.06.2019 WITH NO. WL3-1084/2018 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P7	COPY OF NOTIFICATION NO. F. NO. 1-9/2007 WL-1 (pt) DATED 09.02.2011 ISSUED BY 1ST RESPONDENT.
EXHIBIT P8	PARIVESH" USER MANUAL FOR ONLINE SUBMISSION AND MONITORING OF ENVIRONMENTAL, FORESTS
	AND WILDLIFE CLEARANCE, AS ACCESSED AT https://parivesh.nic.in/

¶704

/TRUE COPY/

¶705

P.S. TO JUDGE

Immanuel Crushers and Mines (P) Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

Immanuel Crushers and Mines (P) Ltd. v. Union of India

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

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