M/S Tmt Granites Pvt.Ltd. v. the State Environment Impact Assessment Authority

Kerala HC2 Nov 2020WP(C)/10860/2020

Case brief

AI extract

What is this about?

The Kerala High Court held that Section 8 of the 2006 EIA Notification requires Environmental Clearance for mining projects to be valid for the estimated life of the project (up to 30 years), and SEIAA lacked jurisdiction to cap this at five years. The Court ruled that such a grant does not constitute a refusal, so no statutory appeal lies to the NGT. Consequently, writ petitions challenging the limited validity are maintainable despite delay, and the doctrine of approbate and reprobate does not apply to statutory rights.

What the court decided

AI extract

M/S Tmt Granites Pvt.Ltd. Vs the State Environment… — Environment and Pollution | Kerala HC (2020)

Issue for consideration

Whether SEIAA had jurisdiction to limit the validity of Environmental Clearances for mining projects to five years contrary to the 2006 Notification. +2 more

Detailed headnote1 paragraphs

Under Section 8 of the 2006 EIA Notification, the validity of an Environmental Clearance for a mining project is the life of the project estimated by the Expert Appraisal Committee, subject to a maximum of thirty years. The 2006 Notification does not provide for a fixed period like five years for all mining projects. An authority constituted under Section 3(3) of the Environment (Protection) Act, 1986 can only exercise powers expressly or incidentally conferred by the empowering notification. Therefore, deciding to limit the validity of an EC to five years when the statutory scheme permits it to align with the project's life is *non est* (lacking jurisdiction), ultra vires the notification, and erroneous. While environmental principles like the precautionary principle guide decisions, they do not support an arbitrary restriction on validity that contradicts the governing statutory notification. Where a disclaimer is impugned for want of jurisdiction, where reasons must be judged by the grounds stated at the time of the order. Consequently, the validity needs to be re-determined by estimating the actual project life, a function to be performed by the appraisal committees based on facts furnished by the applicants. 1. A Right of appeal to the National Green Tribunal exists only against specific orders (refusal to grant or orders for areas restricted under Section 16(h)), not against grants limited in validity; therefore, an appeal is not available against such an EC. 2. While delay is not a jurisdictional bar under Article 226, the Court held that petitions are maintainable as the claimed relief (declaration of extended validity) lies within the actual project period, negating laches. 3. The doctrine of approbate and reprobate does not bar a challenge where statutory rights are involved and the statutory remedy (NGT appeal) was arguably inapposite to the subject matter.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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WP(C).No.17533 OF 2020(N)

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PETITIONER:

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T.MATHEW ABRAHAM, AGED 74 YEARS PROPRIETOR, M/S.SOUTHERN ROCK AND AGGREGATE MINING COMPANY, VALLAMKULAM P.O., THIRUVALLA - 689541.

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BY ADV. SRI.PHILIP J.VETTICKATTU

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RESPONDENTS:

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1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM - 695001.

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2 STATE LEVEL EXPERT APPRAISAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, TRIVANDRUM - 695024.

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3 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695001.

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4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695001.

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5 THE MINISTRY OF ENVIRONMENT CLIMATE AND FOREST CHANGE, JORBAGH ROAD, NEW DELHI - 110 003, REPRESENTED BY ITS DIRECTOR.

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SRI. RENJITH THAMPAN, ADDL.AG

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W.P.(C) Nos. 17533 of 2020 & con. cases

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..2..

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R5 BY SRI.V.R.RAKESH, CGC SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).10803/2020(A) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 17533 of 2020 & con. cases

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶25

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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WP(C).No.10803 OF 2020(A)

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PETITIONER:

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TRAVANCORE READYMIX (P) LTD.. T.C.54/928,ROHINI SADANAM, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.V.SUDHAKARAN

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BY ADVS. PAUL JACOB SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS MEMBER SECRETARY

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2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024,

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3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM-695 004

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W.P.(C) Nos. 17533 of 2020 & con. cases

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..4..

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4 ADDL R4, UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEWDELHI-110003 IS IMPLEADED AS PER ORDER DATED 08-07-2020 IN IA NO 2/20

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5 ADDL R5, STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT IN THE INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT-695 001

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6 ADDL R6, THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O, KESAVADASAPURAM, THIRUVANANTHAPURAM-695004 ADDL R5 AND ADDL R6 IMPLEADED AS PER ORDER DATED 08-07-2020 IN IA NO.3/20.

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SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG SRI. RENJITH THAMPAN, ADDL.AG

¶40

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

W.P.(C) Nos. 17533 of 2020 & con. cases

¶42

..5..

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶46

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶47

WP(C).No.10860 OF 2020(F)

¶48

PETITIONER:

¶49

M/S TMT GRANITES PVT.LTD. MANGALAM DAM P.O, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR SRI TOM GEORGE

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BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024, REPRESENTED BY ITS MEMBER SECRETARY

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2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,VELAKUDI, THIRUVANANTHAPURAM 695 024

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3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD 678 014

¶55

W.P.(C) Nos. 17533 of 2020 & con. cases

¶56

..6..

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4 ADDL.R4.UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI - 110003. IS IMPLEADED AS PER ORDER DATED 03.08.2020 IN IA NO.1/2020 IN WPC NO. 10860/2020.

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5 ADDL. R5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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6 ADDL.R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM695004.

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(ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08/07/2020 IN IA NO.2/2020)

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SRI. RENJITH THAMPAN, ADDL.AG R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI. M.P. SREEKRISHNAN, CGC

¶62

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶63

W.P.(C) Nos. 17533 of 2020 & con. cases

¶64

..7..

¶65

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶66

PRESENT

¶67

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶68

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶69

WP(C).No.10862 OF 2020(G)

¶70

PETITIONER:

¶71

IMMANUEL CRUSHERS AND MINES (P) LTD 34/316, PIPE LINE ROAD, PADIVATTOM, EDAPPALLY P.O, ERNAKULAM 682 024 REPRESENTED BY ITS DIRECTOR SRI TOMY JOSEPH

¶72

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.GEORGE A.CHERIAN

¶73

RESPONDENTS:

¶74

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024 REPRESEMNTED BY ITS MEMBER SECRETARY

¶75

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,VELAKUDI, \THIRUVANANTHAPURAM 695 024

¶76

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD 678 014

¶77

4 ADDL.R4.UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,

¶78

W.P.(C) Nos. 17533 of 2020 & con. cases

¶79

..8..

¶80

NEW DELHI-110 001. ADDL.R4 IMPLEADED AS PER ORDER DATED 03-062020 IN IA 1/20 OF WP(C) 10862/2020.

¶81

5 ADDL.R5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶82

6 ADDL.R6. THE DIRECTOR OF MININF AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM-695 001.

¶83

ADDL.R5 AND ADDL R6 ARE IMPLEADED AS PER ORDER DATED 08-07-2020 IN IA 2/20 IN WP(C) 10862/2020.

¶84

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶85

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶86

W.P.(C) Nos. 17533 of 2020 & con. cases

¶87

..9..

¶88

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶89

PRESENT

¶90

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶91

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶92

WP(C).No.10880 OF 2020(H)

¶93

PETITIONER:

¶94

PYRAMID GRANITES (P) LTD. PADAPPARA, ATHIRUMKAL,KOODAL,KONNI, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.JOBIN VARGHESE

¶95

BY ADVS. SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶96

RESPONDENTS:

¶97

1 THE STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,VELAKUDI, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS MEMBER SECRETARY

¶98

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE,VELAKUDI, THIRUVANANTHAPURAM-695 024

¶99

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, ARANMULA P.O, PATHANAMTHITTA-689 533

¶100

4 ADDL. R4 UNION OF INDIA, REPRESENTED BY THE SECRETARY,

¶101

W.P.(C) Nos. 17533 of 2020 & con. cases

¶102

..10..

¶103

MINISTRY OF ENVIORNMENT AND FOREST, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110 003.

¶104

ADDL.R4 IM PLEADED AS PER ORDER DATED 03-06-20 IN IA 1/2020

¶105

5 ADDL.R5. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶106

6 ADDL.R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASPURAM, THIRUVANANTHAPURAM-695 004.

¶107

ARE IMPLEADED AS ADDL.R5 AND ADDL.R6 AS PER ORDER DATED 08-07-20 IN IA 3/2020.

¶108

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶109

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶110

W.P.(C) Nos. 17533 of 2020 & con. cases

¶111

..11..

¶112

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶113

PRESENT

¶114

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶115

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶116

WP(C).No.11048 OF 2020(E)

¶117

PETITIONER:

¶118

VILAMANA INDUSTRIES KUTTICHIRA P.O.CHALAKUDY, THRISSUR-680 724, REPRESENTED BY ITS MANAGING PARTNER SRI BASIL MADAPPILLY.

¶119

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE

¶120

RESPONDENTS:

¶121

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS MEMBER SECRETARY.

¶122

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024.

¶123

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR-680020.

¶124

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

¶125

W.P.(C) Nos. 17533 of 2020 & con. cases

¶126

..12..

¶127

5 ADDL.R5.STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF INDUSTRIES, GOVERNEMNT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

¶128

6 ADDL.R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURM, THIRUVANANTHAPURAM695004. ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08.07.2020 IN IA 1/2020.

¶129

R1 BY ADV. SHRI.M.P.SREEKRISHNAN, SC, SEIAA AND SEAC SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶130

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶131

W.P.(C) Nos. 17533 of 2020 & con. cases

¶132

..13..

¶133

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶134

PRESENT

¶135

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶136

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶137

WP(C).No.11053 OF 2020(F)

¶138

PETITIONER:

¶139

PLAKKATTU GRANITE INDUSTRIES (P) LTD PAYYANAMON P.O. KONNI, REPRESENTED BY ITS MANGING DIRECTOR, SRI. JACOB THOMAS.

¶140

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶141

RESPONDENTS:

¶142

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU, KANNAMMOOLA RD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024, REPRESENTED BY ITS MEMBER SECRETARY.

¶143

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU, KANNAMMOOLA RD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024,

¶144

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, ARAMULA, P.O. PATHANAMTHITTA 689 533.

¶145

4 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF

¶146

W.P.(C) Nos. 17533 of 2020 & con. cases

¶147

..14..

¶148

ENVIRONMENT AND FORESTS, INDIRA PARYAVARANBHAWAN, JORBAGH ROAD, NEW DELHI 110 003.

¶149

5 ADDL. R5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶150

6 ADDL. R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM695004.

¶151

(ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08/07/2020 IN IA NO.1/2020).

¶152

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶153

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶154

W.P.(C) Nos. 17533 of 2020 & con. cases

¶155

..15..

¶156

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶157

PRESENT

¶158

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶159

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶160

WP(C).No.11079 OF 2020(H)

¶161

PETITIONER:

¶162

K.K.ROCKS AND GRANITES INDIA (P) LTD, KOTTACKAL, TC 2/3497, PATTOM, THIRUVANANTHAPURAM 695004 REPRESENTED BY ITS MANAGING DIRECTOR, SRI.ARUN VARGHESE

¶163

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶164

RESPONDENTS:

¶165

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695024 REPRESENTED BY ITS MEMBER SECRETARY

¶166

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024

¶167

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM-695004

¶168

4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF

¶169

W.P.(C) Nos. 17533 of 2020 & con. cases

¶170

..16..

¶171

ENVIORNMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003

¶172

5 ADDL.R5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶173

6 ADDL.R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM-695 004.

¶174

ARE IMPLEADED AS ADDL.R5 AND ADDL.R6 AS PER DATED 08-07-2020 IN IA 1/2020

¶175

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶176

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶177

W.P.(C) Nos. 17533 of 2020 & con. cases

¶178

..17..

¶179

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶180

PRESENT

¶181

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶182

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶183

WP(C).No.11106 OF 2020(K)

¶184

PETITIONER:

¶185

SHAJI S. THEKKUVILAMELATHIL, KUDAVATTOOR P.O, KOTTARAKKARA, KOLLAM

¶186

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶187

RESPONDENT/S:

¶188

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KUNNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024 REPRESENTED BY ITS MEMBER SECRETARY

¶189

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM 695 024

¶190

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ASRAMAM, KOLLAM 691 008

¶191

4 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA

¶192

W.P.(C) Nos. 17533 of 2020 & con. cases

¶193

..18..

¶194

PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003

¶195

5 ADDL R5 - STATE OF KERALA, REPRESENTED BY ITS SECRETARY,DEPARTMENT OF INDUSTRIES,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001

¶196

6 ADDL R6 - THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOALOGY,PATTOM P.O.,KESAVADASAPURAM,THIRUVANANTHAPURAM - 695 004 (ADDL R5 AND R6 IMPLEADED AS PER ORDER DATED 08-07-2020 IN IA 1/2020).

¶197

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶198

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶199

W.P.(C) Nos. 17533 of 2020 & con. cases

¶200

..19..

¶201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶202

PRESENT

¶203

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶204

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶205

WP(C).No.11409 OF 2020(A)

¶206

PETITIONER:

¶207

AARAAMAM ROCK PVT. LTD. 5/714, NELLANADU P.O., KEEZHAYIKONAM, VENJARAMOODU, THIRUVANANTHAPURAM-695 606, REPRESENTED BY ITS MANAGING DIRECTOR ABDUL SALAM.

¶208

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶209

RESPONDENTS:

¶210

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA ROAD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS MEMBER SECRETARY.

¶211

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024.

¶212

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-6695 004.

¶213

W.P.(C) Nos. 17533 of 2020 & con. cases

¶214

..20..

¶215

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

¶216

5 ADDL R5, STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT IN THE INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT

¶217

6 ADDL R6, THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O, KESAVADASAPURAM, THIRUVANANTHAPURAM. ADDL R5 AND ADDL R6 IMPLEADED AS PER ORDER DATED 08-07-2020 IN IA NO.1/20.

¶218

7 ADDL. R7 M.SALIM, AGED 60 YEARS, S/O. MUHAMMED ILLIAS, RESIDING AT SALMAN VILLA, KEEZHAYIKONAM, NELLANADU P.O., THIRUVANANTHAPURAM DISTRIC 695 606. IS IMPLEADED AS PER ORDER DATED 02.11.2020 IN I.A. NO. 2/2020.

¶219

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R7 BY ADV. RAJAN VISHNURAJ SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶220

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶221

W.P.(C) Nos. 17533 of 2020 & con. cases

¶222

..21..

¶223

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶224

PRESENT

¶225

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶226

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶227

WP(C).No.11614 OF 2020(B)

¶228

PETITIONER:

¶229

PONMUDI BLUE METAL (P)LTD M.S.BUILDING, KALUNGU JUNCTION, VITHURA P.O., THIRUVANANTHAPURAM-695 551, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.M.NIZARUDEEN

¶230

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶231

RESPONDENT:

¶232

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS MEMBER SECRETARY

¶233

2 THE MEMBER SECETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024,

¶234

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM-695 004

¶235

4 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF

¶236

W.P.(C) Nos. 17533 of 2020 & con. cases

¶237

..22..

¶238

ENVIRONMENT AND FOREST, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110 003

¶239

5 ADDL.R5.STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶240

6 ADDL.R6.THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM-695004. ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08.07.2020 IN IA 1/2020 IN WP(C) NO. 11614/2020.

¶241

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶242

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

¶243

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶244

W.P.(C) Nos. 17533 of 2020 & con. cases

¶245

..23..

¶246

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶247

PRESENT

¶248

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶249

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶250

WP(C).No.11763 OF 2020(U)

¶251

PETITIONER:

¶252

SURESH KUMAR S. NEERANJANAM, PAZHAVADY, NEDUMANGAD P.O., THIRUVANANTHAPURAM -695 541.

¶253

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶254

RESPONDENTS:

¶255

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU KANNAMMOOLA RD., OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695024, REPRESENTED BY ITS MEMBER SECRETARY.

¶256

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU KANNAMMOOLA RD., OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695024.

¶257

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM - 695 004.

¶258

4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN

¶259

W.P.(C) Nos. 17533 of 2020 & con. cases

¶260

..24..

¶261

BHAWAN, JORBAGH ROAD, NEW DELHI - 110 003.

¶262

5 ADDL. R5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶263

6 ADDL. R6. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.

¶264

ADDL. R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08/07/2020 IA. NO.1/2020 IN WPC NO.11763/2020.

¶265

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶266

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶267

W.P.(C) Nos. 17533 of 2020 & con. cases

¶268

..25..

¶269

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶270

PRESENT

¶271

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶272

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶273

WP(C).No.12391 OF 2020(Y)

¶274

PETITIONER:

¶275

HABEEBU RAHIMAN P.M., PUTHOORMADATHIL HOUSE, MUKKAM P.O.KOZHIKODE643 602.

¶276

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶277

RESPONDENTS:

¶278

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU- KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024,REPRESENTED BY ITS MEMBER SECRETARY.

¶279

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU- KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024

¶280

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR-680 020.

¶281

4 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN

¶282

W.P.(C) Nos. 17533 of 2020 & con. cases

¶283

..26..

¶284

BHAWAN, JORBAGH ROAD, NEW DELHI-110 003.

¶285

5 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001

¶286

6 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY,PATTOM P.O, KESAVADASAPURAM,THIRUVANANTHAPURAM-695004(R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08.07.2020 IN IA 1/2020 IN WPC)

¶287

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶288

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶289

W.P.(C) Nos. 17533 of 2020 & con. cases

¶290

..27..

¶291

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶292

PRESENT

¶293

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶294

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶295

WP(C).No.12420 OF 2020(B)

¶296

PETITIONER:

¶297

K.SADANANDAN AMBADIYIL NEW BUNGLOW, PANNIVIZHA, ADOOR.P.O, PATHANAMTHITTA.

¶298

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶299

RESPONDENTS:

¶300

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024 REPRESENTED BY ITS MEMBER SECRETARY.

¶301

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024

¶302

3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR-680020

¶303

4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN

¶304

W.P.(C) Nos. 17533 of 2020 & con. cases

¶305

..28..

¶306

BHAWAN, JORBAGH ROAD, NEW DELHI-110003

¶307

5 ADDL.R5.STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶308

6 ADDL.R6.THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM695004 ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 08.07.2020 IN IA 1/2020 IN WPC NO.12420/2020.

¶309

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶310

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶311

W.P.(C) Nos. 17533 of 2020 & con. cases

¶312

..29..

¶313

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶314

PRESENT

¶315

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶316

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶317

WP(C).No.12439 OF 2020(D)

¶318

PETITIONER:

¶319

KARIMALA GRANITES AND AGGREGATES PVT.LTD. PATHANAD, KANGAZHA.P.O, KOTTAYAM-686541, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.J.THOMASKUTTY

¶320

BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶321

RESPONDENTS:

¶322

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024, REPRESENTED BY ITS MEMBER SECRETARY

¶323

2 THE MEMEBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695024

¶324

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMBUKKAVU, THRISSUR-680020

¶325

4 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINING ON

¶326

W.P.(C) Nos. 17533 of 2020 & con. cases

¶327

..30..

¶328

ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003

¶329

5 ADDL.R5.STATE OF KERALA, REPRESENTED BY ITS SECRETARY,DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001

¶330

6 ADDL.R6.THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM695004 ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 08.07.2020 INIA 1/2020.

¶331

R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶332

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶333

W.P.(C) Nos. 17533 of 2020 & con. cases

¶334

..31..

¶335

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶336

PRESENT

¶337

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶338

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶339

WP(C).No.13113 OF 2020(L)

¶340

PETITIONER:

¶341

M/S. ALPHA BRICKS AND METALS, KARASSERY P.O., MUKKAM (V), KOZHIKODE-673602, REPRESENTED BY ITS MANAGING PARTNER.

¶342

BY ADV. SRI.PHILIP J.VETTICKATTU

¶343

RESPONDENTS:

¶344

1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695001.

¶345

2 STATE LEVEL EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU,PETTAH P.O., TRIVANDRUM-695024.

¶346

3 THE MEMBER SECRETARY, STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695001.

¶347

4 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695001.

¶348

5 THE GEOLOGIST, DEPARTMENT OF MINING GEOLOGY, DISTRICT OFFICE, KOZHIKODE.

¶349

W.P.(C) Nos. 17533 of 2020 & con. cases

¶350

..32..

¶351

6 THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI -110 003 REPRESENTED BY ITS DIRECTOR

¶352

(ADDITIONAL R6 IMPLEADED AS PER ORDER DATED 8/7/2020 IN IA 1/2020 IN WPC 13113/2020)

¶353

7 ADDL.R7.ONE EARTH ONE LIFE, REPRESENTED BY ITS LEGAL CELL DIRECTOR, SRI. TONY THOMAS. K, AGED 60 YEARS, IRUMBAKACHOLA, MANNARKKAD P.O., PALAKKAD DISTRICT 678852. IS IMPLEADED AS PER ORDER DATED 02.11.2020 IN I.A. NO.3/2020.

¶354

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC R7 BY ADV. RAJAN VISHNURAJ R7 BY ADV. SRI.V.HARISH

¶355

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶356

W.P.(C) Nos. 17533 of 2020 & con. cases

¶357

..33..

¶358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶359

PRESENT

¶360

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶361

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶362

WP(C).No.15089 OF 2020(I)

¶363

PETITIONER:

¶364

RAVEENDRA ROCK PRODUCTS PVT. LTD. EZHUMATTOOR P.O., PATHANAMTHITTA - 689 586 REPRESENTED BY ITS DIRECTOR SRI.VINEETH R.

¶365

BY ADVS. SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE

¶366

RESPONDENTS:

¶367

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU KANNAMMOOLA RD., OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695 024 REPRESENTED BY ITS MEMBER SECRETARY.

¶368

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU KANNAMMOOLA RD., OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695024.

¶369

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ARANMULA P.O., PATHANAMTHITTA - 689 533.

¶370

4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIA PARAYAVARAN

¶371

W.P.(C) Nos. 17533 of 2020 & con. cases

¶372

..34..

¶373

BHAWAN, JORBAGH ROAD, NEW DELHI - 110 003.

¶374

5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶375

6 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM - 695 004.

¶376

R4 BY SRI.T.V.VINU, CGC SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶377

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶378

W.P.(C) Nos. 17533 of 2020 & con. cases

¶379

..35..

¶380

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶381

PRESENT

¶382

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶383

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶384

WP(C).No.15507 OF 2020(K)

¶385

PETITIONER:

¶386

PEE GEE AGGREGATES PVT LTD 11/165,REPRESENTED BY ITS MANAGING DIRECTOR, NAVEEN MATHEW PHILIP , THEKKE NEDUMPLACKAL, MALLAPPALLY WEST P.O., PATHANAMTHITTA

¶387

BY ADVS. SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS

¶388

RESPONDENTS:

¶389

1 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA ) REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM,PIN-695 001

¶390

2 STATE LEVEL EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN PALLIMUKKU, PETTAH P.O.,TRIVANDRUM-695 024

¶391

3 THE MEMBER SECRETARY, STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695 001

¶392

W.P.(C) Nos. 17533 of 2020 & con. cases

¶393

..36..

¶394

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

¶395

5 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA,PIN-689 533

¶396

6 ADDL.R6. ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA, PIN-689645.

¶397

7 ADDL.R7. SECRETARY, KOTTANGAL GRAMA PANCHAYATH, PANCHAYATH OFFICE, KOTTANGAL, PIN-686547. (IMPLEADED VIDE ORDER DATED 14-08-2020 IN IA 1 /2020)

¶398

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶399

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶400

W.P.(C) Nos. 17533 of 2020 & con. cases

¶401

..37..

¶402

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶403

PRESENT

¶404

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶405

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶406

WP(C).No.18778 OF 2020(V)

¶407

PETITIONER:

¶408

CEMENT BRICKS AND ALLIED INDUSTRIES CHOORAKODE, VILANGU P O, ERNAKULAM - 683561, REPRESENTED BY ITS MANAGING PARTNER, SRI.PAUL VARGHESE.

¶409

BY ADVS. SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN

¶410

RESPONDENTS:

¶411

1 THE STATE ENVIORNMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU - KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695024, REPRESENTED BY ITS MEMBER SECRETARY.

¶412

2 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU - KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM - 695024,

¶413

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM - 682030.

¶414

4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN

¶415

W.P.(C) Nos. 17533 of 2020 & con. cases

¶416

..38..

¶417

BHAWAN, JORBAGH ROAD, NEW DELHI - 110003.

¶418

5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

¶419

6 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O, KESAVADASAPURAM, THIRUVANANTHAPURAM - 695004,

¶420

R3, R5-6 BY SRI.K.V.SOHAN, STATE ATTORNEY R4 BY SMT.SREEKALA K.L., CGC SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶421

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶422

W.P.(C) Nos. 17533 of 2020 & con. cases

¶423

..39..

¶424

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶425

PRESENT

¶426

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶427

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶428

WP(C).No.18929 OF 2020(M)

¶429

PETITIONER:

¶430

SAJI JOSE, AGED 41 YEARS KATTARATH HOUSE, MUKKOM, KUNNAMANGALAM, KOZHIKODE.

¶431

BY ADV. SRI.PHILIP J.VETTICKATTU

¶432

RESPONDENTS:

¶433

1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), KOZHIKODE REPRESENTED BY ITS MEMBER SECRETARY, THE REVENUE DIVISIONAL OFFICER, KOZHIKODE-673 001.

¶434

2 THE DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC) KOZHIKODE, REPRESENTED BY ITS MEMBER SECRETARY, THE GEOLOGIST, MINI CIVIL STATION, KOZHIKODE-673 020

¶435

3 THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, KOZHIKODE, IN THE CAPACITY OF CHAIRMAN TO THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), KOZHIKODE.

¶436

4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695 001

¶437

W.P.(C) Nos. 17533 of 2020 & con. cases

¶438

..40..

¶439

5 STATE LEVEL EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI,TRIVANDRUM-695 024.

¶440

6 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM-695001.

¶441

7 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001

¶442

8 THE MINISTRY OF ENVIRONMENT, CLIMATE AND FOREST CHANGE, JORBAGH ROAD, NEW DELHI-110 003, REPRESENTED BY ITS DIRECTOR.

¶443

R3, R6-7 BY SRI.K.V.SOHAN, STATE ATTORNEY SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶444

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶445

W.P.(C) Nos. 17533 of 2020 & con. cases

¶446

..41..

¶447

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶448

PRESENT

¶449

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶450

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶451

WP(C).No.19032 OF 2020(D)

¶452

PETITIONER:

¶453

M.S.BUILDING PRODUCTS

¶454

PALACHIRA P.O., VARKALA, THIRUVANANTHAPURAM - 695 143, REP. BY ITS MANAGING PARTNER, SRI. SREEKUMAR S.S.

¶455

BY ADVS.

¶456

SRI.ENOCH DAVID SIMON JOEL

¶457

RESPONDENT/S:

¶458

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALLIMUKKU- KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024, REP. BY ITS MEMBER SECRETARY.

¶459

2 THE MEMBER SECRETARY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALLIMUKKU-KANNAMMOOLA RD, OVERBRIDGE, VELAKUDI, THIRUVANANTHAPURAM-695 024

¶460

3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004

¶461

4 UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003

¶462

W.P.(C) Nos. 17533 of 2020 & con. cases

¶463

..42..

¶464

5 STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶465

6 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.

¶466

R3, R5-6 BY SRI.K.V.SOHAN, STATE ATTORNEY SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶467

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶468

W.P.(C) Nos. 17533 of 2020 & con. cases

¶469

..43..

¶470

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶471

PRESENT

¶472

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶473

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶474

WP(C).No.19039 OF 2020(D)

¶475

PETITIONER:

¶476

SMILE M.ANTO, AGED 44 YEARS S/O. ANTONY, MANGALASSERRY HOUSE, MARUTHONKARA P.O. KAVILUMPARA VIA, KOZHIKODE 673 513.

¶477

BY ADV. SRI.PHILIP J.VETTICKATTU

¶478

RESPONDENTS:

¶479

1 DISTRICT LEVEL ENVIORNMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), KOZHIKODE REPRESENTED BY ITS MEMBER SECRETARY, THE REVENUE DIVISIONAL OFFICER, KOZHIKODE 673 001.

¶480

2 THE DISTRICT LEVEL EXPEERT APPRAISAL COMMITTEE (DEAC), KOZHIKODE REPRESENTED BY ITS MEMBER SECRETARY , THE GEOLOGIST, MINI CIVIL STATION, KOZHIKODE 673 020.

¶481

3 THE DISTRICT COLLECTOR, KOZHIKODE CIVIL STATION KOZHIKODE, IN THE CAPACITY OF CHAIRMAN TO THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), KOZHIKODE.

¶482

4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, (SEIAA KERALA,) REPRESENTED BY ITS MEMBER SECRETARY 4TH FLOOR KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM 695 001.

¶483

W.P.(C) Nos. 17533 of 2020 & con. cases

¶484

..44..

¶485

5 STATE LEVEL EXPERT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, TRIVANDRUM 695 024.

¶486

6 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM 695 001.

¶487

7 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM 691 001.

¶488

8 THE MINISTRY OF ENVIRONMENT, CLIMATE AND FOREST CHANGE, JORBAGH ROAD, NEW DELHI 110 003, REPRESENTED BY ITS DIRECTOR.

¶489

R2-3, R6-7 BY SRI.K.V.SOHAN, STATE ATTORNEY R8 BY SRI.K.SHRI HARI RAO, CGC SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶490

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶491

W.P.(C) Nos. 17533 of 2020 & con. cases

¶492

..45..

¶493

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶494

PRESENT

¶495

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶496

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶497

WP(C).No.19589 OF 2020(W)

¶498

PETITIONER:

¶499

ABDUL RAHIM, AGED 60 YEARS S/O.MOYINKUTTY, PALAKULANGARA HOUSE, MANGAMPOYIL, NEELESWARAM P.O., KOZHIKODE.

¶500

RESPONDENT/S:

¶501

1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(DEIAA) KOZHIKODE REPRESENTED BY ITS MEMBER SECRETARY, THE REVENUE DIVISIONAL OFFICER, KOZHIKODE - 673001.

¶502

2 THE DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC) KOZHIKODE, REPRESENTED BY ITS MEMBER SECRETARY, THE GEOLOGIST, MINI CIVIL STATION, KOZHIKODE - 673 020.

¶503

3 THE DISTRICT COLLECTOR KOZHIKODE, CIVIL STATION KOZHIKODE, IN THE CAPACITY OF CHAIRMAN TO THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(DEIAA), KOZHIKODE.

¶504

4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA) REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM - 695 001.

¶505

W.P.(C) Nos. 17533 of 2020 & con. cases

¶506

..46..

¶507

5 STATE LEVEL EXPERT APPRAISAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD,OVERBRIDGE, VELAKUDI, TRIVANDRUM - 695 024.

¶508

6 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695001.

¶509

7 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695001.

¶510

8 THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI -110 003, REPRESENTED BY ITS DIRECTOR.

¶511

R8 BY ADV. MR.B.PRAMOD, CGC SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC SRI. VIJAYAKUMAR ASG

¶512

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶513

W.P.(C) Nos. 17533 of 2020 & con. cases

¶514

..47..

¶515

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶516

PRESENT

¶517

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶518

MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

¶519

WP(C).No.19629 OF 2020(C)

¶520

PETITIONER:

¶521

M/S.PONOORPOYIL GRANITES, MARANCHATTY, KOODARANHI P.O., KOZHIKODE DISTRICT-673604, (REPRESENTED BY ITS MANAGING DIRECTOR, AJAS M.M, S/O.M.C.MUHAMMED, MUSLLARAKATH HOUSE, KOODARNHI P.O., KOZHIKODE DISTRICT-673604).

¶522

BY ADV. SRI.P.DEEPAK

¶523

RESPONDENTS:

¶524

1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), KERALA, REPRESENTED BY ITS SECRETARY, K.S.R.T.C BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695001.

¶525

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

¶526

3 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION P.O., KOZHIKODE673020.

¶527

SRI. RENJITH THAMPAN, ADDL.AG SRI. M.P. SREEKRISHNAN, CGC

¶528

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH WP(C).17533/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶529

W.P.(C) Nos. 17533 of 2020 & con. cases

¶530

..48..

¶531

C.R.

¶532

P.B.SURESH KUMAR, J.

¶533

------------------------------------W.P.(C) Nos.17533, 10803, 10860, 10862, 10880,

¶534

11048, 11053, 11079, 11106, 11409, 11614, 11763, 12420, 12391, 12439, 13113, 15089,

¶535

15507, 18778, 18929, 19032, 19039, 19589 and 19629 of 2020

¶536

Dated this the 2^nd day of November, 2020

¶537

JUDGMENT

¶538

Common questions relating to the validity of Environmental Clearance (EC) granted in terms of the Environment Impact Assessment Notification, 2006 (2006 notification) issued by the Central Government under subsection (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (the Act), arise for consideration in this batch of writ petitions. The writ petitions are, therefore, disposed of by this common judgment.

¶539

The facts of the cases involved in this batch are similar, if not identical. As such, it is not necessary to refer

¶540

W.P.(C) Nos. 17533 of 2020 & con. cases

¶541

..49..

¶542

to the facts of all cases. I am, therefore, referring to the facts brought out in W.P.(C) No.17533 of 2020 alone for the purpose of adjudicating the questions.

¶543

The petitioner in W.P.(C) No.17533 of 2020 is the grantee of a quarrying lease in terms of the Kerala Minor Mineral Concession Rules, 2015 (KMMC Rules) framed under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) for extracting building stones for a period of 12 years. In order to commence the operation of the building stone quarry of the petitioner, he applied for EC to the State Level Environment Impact Assessment Authority (SEIAA), the regulatory body at the State level under the 2006 Notification, and on the basis of the recommendation made by the State Level Expert Appraisal Committee (SEAC), the appraisal body at the State level, the petitioner has been granted EC by SEIAA for his building stone quarry project on 05.12.2014. It is stated by the petitioner that the life of the project of the petitioner as estimated by him and intimated by him to SEIAA is 20 years and as such, he should have been granted EC for a period of 20 years. Instead, it is alleged that the SEIAA had limited the

¶544

..50..

¶545

W.P.(C) Nos. 17533 of 2020 & con. cases

¶546

validity of the EC issued to the petitioner to five years. The case of the petitioner in the writ petition, in essence, is that the decision of SEIAA to limit the validity of the EC granted to him to five years is ultra vires the 2006 notification, in terms of which the EC has been granted to him. In order to make out the said case, the petitioner relies on Clause (9) of 2006 notification to contend that in terms of the said provision, if the appraisal body, viz, SEAC recommends for grant of EC to a particular applicant and if the recommendation is found acceptable, SEIAA is bound to grant EC for mining projects for the life of the project. It is stated by the petitioner that since the life of the project of the petitioner is 20 years, on the expiry of the period of five years, the petitioner preferred an application before SEIAA for extension of the validity of the EC granted to him. It is alleged that to the dismay of the petitioner, the application preferred by him is treated by SEIAA as a fresh application for grant of EC and is being processed accordingly. It is also stated by the petitioner that the enquiries made by him in this regard reveal that on 31.10.2014, as sufficient enforcement arrangement were not

¶547

..51..

¶548

W.P.(C) Nos. 17533 of 2020 & con. cases

¶549

available, the SEIAA has decided to limit the validity of the ECs to mining project to five years, instead of the life of the projects and to permit the project proponents to apply for fresh ECs after five years. Ext.P20 is the said decision of SEIAA. It is stated by the petitioner that Ext.P20 decision was made known to the public only when it was uploaded by SEIAA in its website on 13.08.2020. It is also stated by the petitioner that it is revealed that in the meanwhile, on 27.02.2019, the SEIAA has also decided to simplify the process of the application for extension of ECs made, in accordance with Ext.P20 decision, by insisting the applicants concerned to prefer applications for extension at least six months before the expiry of the validity of the EC in the updated Form 1 with the mining plan, processing fee and photographs and to consider the same with the report of SEAC. Ext.P21 is the decision taken by SEIAA in this regard. The case of the petitioner as regards Exts.P20 and P21 decisions of SEIAA is also that the same are ultra vires the 2006 notification. The petitioner, therefore, challenges in this writ petition, Exts.P20 and P21 decisions of SEIAA. He also seeks directions to the SEIAA to validate the EC granted to him

¶550

W.P.(C) Nos. 17533 of 2020 & con. cases

¶551

..52..

¶552

for the life of his project, viz, 20 years.

¶553

As indicated, the facts of the remaining cases

¶554

are more or less similar. The difference in the remaining cases is mainly as regards the project life estimated by the project proponents concerned and intimated by them to the regulatory authorities. The project life in the remaining cases varies from 6.5 years to 20 years. Similarly, ECs have been granted to the petitioners in the remaining cases between 24.05.2014 and 29.12.2017. Among these cases, except in W.P.(C) No.10880 of 2020, ECs have been granted after Ext.P20 decision. As far as W.P.(C) No.10880 of 2020 is concerned, the EC is seen granted to the petitioner therein prior to Ext.P20 decision namely, on 24.05.2014. Though it is stated in the EC given to the petitioner in the said case that its validity is 13 years, it is mentioned therein that the petitioner shall renew the same once in five years. Similarly, in a few cases, ECs have been issued by the district level regulatory bodies, and the validity of the said ECs have also been limited to five years by the regulatory bodies concerned, placing reliance on Ext.P20 decision of SEIAA. Unlike in W.P.(C) No.17533 of 2020, in some

¶555

W.P.(C) Nos. 17533 of 2020 & con. cases

¶556

..53..

¶557

writ petitions, the petitioners seek a declaration that the ECs granted to them are valid for the duration of the life of the projects of the petitioners concerned.

¶558

5 . A statement has been filed by the learned Standing Counsel for SEIAA in W.P.(C) No.17533 of 2020 and a joint statement has been filed by him in W.P.(C) Nos.11763 of 2020, 10803 of 2020, 10860 of 2020, 10862 of 2020, 10880 of 2020, 11048 of 2020, 11053 of 2020, 11079 of 2020, 11106 of 2020, 11409 of 2020, 11614 of 2020, 11763 of 2020, 12420 of 2020, 12439 of 2020 and 12391 of 2020. I t is contended in the aforesaid statements that the petitioners having not challenged the condition in the ECs granted to them as regards its validity before the National Green Tribunal in appeals, as provided for under Section 16 of the National Green Tribunal Act, they are precluded from instituting writ petitions invoking Article 226 of the Constitution for the said purpose, that too, after the period prescribed for filing appeals before the National Green Tribunal. It is also contended by SEIAA in the statements that the petitioners having accepted the limited term ECs granted to them and having conducted quarrying

¶559

W.P.(C) Nos. 17533 of 2020 & con. cases

¶560

..54..

¶561

operations on the strength of the same, they are precluded from challenging its validity in any forum. It is further contended by SEIAA in the aforesaid statements that the life of the mine as stated by the project proponents in their applications for grant of ECs and the project life in terms of Clause (9) of 2006 notification are different; that the validity of EC was limited to five years since the mining plan is being approved by the competent authority under the KMMC Rules only for a period of five years so as to make the EC in consonance with the KMMC Rules. It was further contended by SEIAA in the statements that the State of Kerala being an ecologically sensitive place, if the ECs are issued for mining projects for a longer period than five years, there will be dilution in post monitoring leading to environmental instability.

¶562

Heard the learned counsel for the petitioners, the learned Standing Counsel for SEIAA as also the learned Additional Advocate General for the State.

¶563

As indicated, the essence of the submissions

¶564

made by the learned counsel for the petitioners in the writ petitions is that the decision of SEIAA to limit the validity of the

¶565

..55..

¶566

W.P.(C) Nos. 17533 of 2020 & con. cases

¶567

ECs granted to the petitioners to five years is ultra vires the 2006 notification, in terms of which the ECs are granted to the petitioners. They rely on Clause (9) of 2006 notification to contend that in terms of the said provision, if SEIAA finds that the applicant concerned is entitled to EC, it is bound to grant EC for mining projects for the life of the project. In order to reinforce the said contention, the learned counsel for the petitioners pointed out that in the earlier notification which was substituted by 2006 notification, the provision was to the effect that the ECs are to be granted for a limited period and the said provision was removed when 2006 notification was issued. It was also pointed out by the learned counsel that it is on account of the said scheme of 2006 notification, no provision is made in the said notification for renewal of the EC once granted. According to the learned counsel, SEIAA has, in fact, acted contrary to 2006 notification in the matter of taking Exts.P20 and P21 decisions. It was also pointed out by the learned counsel for the petitioners that SEIAA being an authority constituted for exercising the powers under 2006 notification, they cannot take decisions in the nature of

¶568

..56..

¶569

W.P.(C) Nos. 17533 of 2020 & con. cases

¶570

Exts.P20 and P21 contrary to 2006 notification, whatever be the reasons justifying such decisions. It was pointed out by the learned counsel that the life of the projects as estimated by the petitioners and informed to the regulatory authorities concerned has not been found to be incorrect by the appraisal bodies and therefore, the petitioners ought to have been granted ECs for the duration of their project, as claimed by them in their applications.

¶571

Apart from the aforesaid general arguments, placing reliance on the decision of the Supreme Court in Chief Settlement Commissioner, Punjab and Others v. Om

¶572

Parkash and Others, AIR 1969 SC 33, Adv.Sri.Philip J. Vettickattu, appearing for the petitioners some of the writ petitions contended that the bodies like SEIAA have no inherent power or authority, and their decisions shall always be within the limits of the authorities given to them by the statute or the subordinate legislation, as the case may be. According to the learned counsel, since the scheme of the 2006 notification is t hat the validity of the EC shall be the life of the project, an authority constituted to exercise the powers of the

¶573

..57..

¶574

W.P.(C) Nos. 17533 of 2020 & con. cases

¶575

notification cannot take a decision contrary to the notification, whatever be the justification for the same. Placing reliance on the decision of this Court in Easwaranunni v. State of Kerala , 2020 (2) KLT 362, the learned counsel argued that Exts.P20 and P21 are vitiated by the principle of fraud on power, for the exercise of power by an authority not intended by the law making bodies, would amount to fraud on power. Placing reliance on the decision of the Apex Court in Satish v. State of Uttar Pradesh , 2020 (5) KLT OnLine 1009 (SC), the learned counsel also argued that once the law has been made by the appropriate legislature, then it is not open for the executive authorities to surreptitiously subvert its mandate. Similarly, placing reliance on the decision of this Court in Nagaroor Grama Panchayat v. Vijayakumar, 2016 (3) KLT 82, Adv.Sri. Enoch David Simon Joel, appearing for the petitioners in some other writ petitions contended that the authorities constituted in terms of a statute have to exercise their power independently and shall not exercise their power based on anything which is not statutorily insisted or permitted. He has also pointed out that in MGM Minerals Ltd.

¶576

..58..

¶577

W.P.(C) Nos. 17533 of 2020 & con. cases

¶578

v. SEIAA , 2014 SCC OnLine Orissa 510, the High Court of Orissa has held that the decision of the regulatory body involved in that case under the 2006 notification in limiting the validity of the EC granted to the petitioner therein to five years is without jurisdiction.

¶579

The learned Standing Counsel for SEIAA reiterated the stand taken by SEIAA in the statements filed in the matters.

¶580

The learned Additional Advocate General supported the contentions taken by SEIAA, pointing out that insofar as the ECs granted to the petitioners were appealable before the National Green Tribunal, the writ petitions seeking directions for modifying the ECs are not maintainable. It was also argued by the learned Additional Advocate General that at any rate, the writ petitions shall not be entertained by this Court since they are unreasonably belated. It was also argued by the learned Additional Advocate General that the principle of “approbate and reprobate” precludes the petitioners from seeking the reliefs claimed in the writ petitions as they have availed the benefit of the grant subject to the condition which

¶581

..59..

¶582

W.P.(C) Nos. 17533 of 2020 & con. cases

¶583

is impugned in the writ petitions. The learned Additional Advocate General relied on the decisions of the Apex Court in

¶584

State of Punjab and Others v. Dhanjit Singh Sandhu, (2014) 15 SCC 144 and Rajasthan State Industrial Development and Investment Corporation and another v. Diamond & Gem Development Corporation Limited and another , (2013) 5 SCC 470), in support of the said contention. It was also argued by the learned Additional Advocate General that SEIAA being a regulatory authority, it is certainly within its powers to impose general conditions in the nature of one im pugned in the writ petitions in the matter of granting ECs. It was argued that at any rate, the issue being one relating to environment, the precautionary principle suggests that the court shall accept only the stand taken for the purpose of protecting the environment. As regards the merits of the contentions advanced by the learned counsel for the petitioners, it was argued by the learned Additional Advocate General that what is provided for in Clause (9) of the 2006 notification as regards the validity of the EC is that the validity of EC as far as mining projects are concerned shall be

¶585

W.P.(C) Nos. 17533 of 2020 & con. cases

¶586

..60..

¶587

the project life as estimated by the expert appraisal committees. It was pointed out by the learned Additional Advocate General that the expert appraisal committees have not estimated the project life in any of the cases, and the petitioners cannot, therefore, be granted the relief claimed by them.

¶588

In reply to the arguments advanced by the learned Standing Counsel for SEIAA that the petitioners could have challenged the ECs granted to them in appeal before the National Green Tribunal, Adv.Sri.Philip J. Vettickattu contended, relying on the decision of the Division Bench of this Court in Panopharam v. Union of India, 2010(3) KLT 149 that the rel ief claimed by the petitioners in the writ petitions are certainly not relief that could have been granted by the National Green Tribunal, had the petitioners preferred appeal challenging the ECs granted to them before the said Tribunal and therefore, the writ petitions are certainly maintainable. As regards the contention advanced by the learned Additional Advocate General that the writ petitions are belated, Sri.P.Deepak, the learned counsel appearing for the petitioner

¶589

..61..

¶590

W.P.(C) Nos. 17533 of 2020 & con. cases

¶591

in W.P.(C) No.19629 of 2020 contended that the relief clai med in the writ petitions essentially being a declaration that the ECs granted to the petitioners have a longer period of validity, the writ petitions admittedly instituted within the said longer period of validity cannot be said to be belated.

¶592

In the light of the pleadings of the parties and the submissions made at the Bar, the question falls for consideration is whether the regulatory bodies empowered to grant EC in terms of 2006 notification are justified in restricting the validity of the ECs to five years. However, having regard to the various contentions raised by SEIAA as also the State as regards the maintainability of the writ petitions, the question aforesaid needs to be considered only if this court finds that the contentions raised as regards the maintainability of the writ petitions are unsustainable.

¶593

Let us, therefore, consider the contentions raised by SEIAA as also the State as to the maintainability of the writ petitions. Section 16(h) of the National Green Tribunal Act, 2010 provides for an appeal against an order granting EC in an area where any industries, operations, processes or class

¶594

..62..

¶595

W.P.(C) Nos. 17533 of 2020 & con. cases

¶596

of industries, operations and processes shall not be carried out or shall be carried out only subject to certain safeguards under the Act. Obviously, the said right of appeal is provided in favour of third parties who are aggrieved by such grants and the said right is subject to the restrictions in the provision, viz, that the grant must relate to the areas mentioned in the provision. Similarly, Section 16(i) of the National Green Tribunal Act provid es for a right of appeal against an order refusing to grant EC for carrying out any activities or operation or process under the Act. The said provision, of course, is one in favour of the project proponents whose applications for grant of EC have been rejected by the competent authority. But, as evident from the provision, the remedy provided therein is against an order refusing to grant EC. The question is whether the petitioners in this batch of cases could have challenged the grant in their favour limiting its validity to 5 years in appeal invoking the said provision before the Tribunal. I t is well settled that right of appeal is a creature of statute, for the right of appeal inheres in no one and therefore, for maintaining an appeal, there must be authority of law. Needless to say, a right of appeal cannot

¶597

..63..

¶598

W.P.(C) Nos. 17533 of 2020 & con. cases

¶599

be assumed to exist unless expressly provided for by the statute and a remedy of appeal must be legitimately traceable to the statutory provisions. If the express words employed in a provision do not provide an appeal from a particular order, the court is bound to follow the express words. [See Ganga Bai v. Vijay Kumar , (1974) 2 SCC 393]. The scheme of the appellate provision referred to above is not to provide for a right of appeal against any order passed by the competent authority empowered to grant or refuse EC, but only to provide for right of appeal against a few specific orders. As such, the question to be examined is whether the ECs granted in favour of the petitioners limiting its validity to 5 years could be regarded as orders refusing to grant EC. ECs granted in favour of the petitioners cannot be regarded as orders refusing to grant EC to the petitioners and therefore, it cannot be said that the petitioners could have challenged the decision of the regulatory authorities in limiting the validity of the grant in their favour in appeal before the Tribunal.

¶600

True, the petitioners could have approached this Court when they were granted ECs limiting its validity to

¶601

..64..

¶602

W.P.(C) Nos. 17533 of 2020 & con. cases

¶603

five years. As indicated, the petitioners who were granted ECs in between 24.05.2014 and 29.12.2017 have instituted the writ petitions only during 2020. Should this Court decline jurisdiction to entertain the writ petitions on that ground is the next question. While it is settled that a belated petition cannot be entertained under Article 226 of the Constitution, it is equally settled that the aforesaid rule is only a rule of practice and not a jurisdictional bar. Further, the defence of laches or inordinate delay is a defence in equity and as such, if there is no breach of equity, there is no reason why the courts should decline to exercise the jurisdiction vested in it. Coming to the cases on hand, the respondents in the writ petitions have a case that the petitioners are in breach of equities in the matter of approaching this Court for the relief claimed. Further, as pointed out by Adv.Sri.P.Deepak, the relief claimed in the writ petitions being essentially for a declaration that the ECs granted to the petitioners have a longer period of validity, the writ petitions having been instituted within the said longer period of validity cannot be said to be belated. The objection of the respondents that the writ petitions are belated is,

¶604

W.P.(C) Nos. 17533 of 2020 & con. cases

¶605

..65..

¶606

therefore, rejected.

¶607

The principle that one cannot approbate and reprobate is a species of doctrine of election and the doctrine of election is a species of doctrine of estoppel. It is now trite that the principle of estoppel has no application when statutory rights and liabilities are involved. It cannot, at any rate, impede a right of appeal, particularly the constitutional remedy [See the decision of the Apex Court in P.R.Deshpande v. Maruti Balaram Haibatti (1998) 6 SCC 507]. The objection that the principle that one cannot approbate and reprobate, precludes the petitioners from instituting the writ petitions is also therefore, rejected.

¶608

I shall now deal with the question formulated for decision. Section 3 of the Act reads thus:

¶609

3 . Power of Central Government to take measures to protect and improve environment . - (1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

¶610

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:

¶611

W.P.(C) Nos. 17533 of 2020 & con. cases

¶612

..66..

¶613

(i) co-ordination of actions by the State Governments, officers and other authorities

¶614

(a) under this Act, or the rules made thereunder; or

¶615

(b) under any other law for the time being in force which is relatable to the objects of this Act;

¶616

(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

¶617

(iii) laying down standards for the quality of environment in its various aspects;

¶618

(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

¶619

(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

¶620

(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

¶621

(vii) laying down procedures and safeguards for the handling of hazardous substances;

¶622

(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

¶623

(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

¶624

W.P.(C) Nos. 17533 of 2020 & con. cases

¶625

..67..

¶626

(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

¶627

(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

¶628

(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

¶629

(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

¶630

(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

¶631

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to

¶632

W.P.(C) Nos. 17533 of 2020 & con. cases

¶633

..68..

¶634

exercise those powers or perform those functions or take such measures.

¶635

As indicated, 2006 notification is one issued by the Central Government under sub-section (1) and clause (v) of subsection (2) of Section 3 of the Act. Sub-section (3) of Section 3 of the Act empowers the Central Government to constitute, by order, authorities for the purpose of exercising the powers and performing the functions of the Central Government under the Act with respect to matters referred to in sub-section (2) of Section 3 as may be mentioned in the order. Sub-section (3) of Section 3 of the Act provides that the authorities so constituted may exercise the powers or perform the functions so mentioned in the order. Exts.P3 to P5 in WP(C) No.17533 of 2020 are orders issued by the Central Government under Subsection (3) of Section 3 of the Act constituting SEIAA. Exts P3 to P5 orders provide categorically that the SEIAA shall exercise such powers and follow such procedures as enumerated in 2006 notification. Needless to say, SIEAA is empowered to exercise only the powers conferred on it in terms of 2006 notification.

¶636

..69..

¶637

W.P.(C) Nos. 17533 of 2020 & con. cases

¶638

2006 notification, among others, deals with the requirements of prior EC, the constitution of the regulatory authorities, the manner in which the regulatory authorities have to transact their business, the validity of EC, etc. The scheme of the notification is that applications for prior ECs would be appraised by the appraisal committees concerned in the manner indicated in the notification and would be placed before the regulatory bodies concerned with their recommendations. The regulatory bodies would, thereafter, consider and take a decision either to grant or reject EC. Clause 8(ii) of the notification, however, clarifies that if the regulatory bodies disagree with the recommendations of the appraisal committees, they shall request the appraisal committees to reconsider the recommendations and in that event, the appraisal committees shall forward to the regulatory bodies its views on the reasons for disagreement. The said provision also clarifies that the regulatory bodies have to take a decision thereafter on the applications for grant of ECs, based on the recommendations and the views forwarded by the appraisal committees concerned on the reasons for

¶639

W.P.(C) Nos. 17533 of 2020 & con. cases

¶640

..70..

¶641

disagreement communicated to them. Clause 9 of 2006

¶642

notification dealing with the validity of the EC reads thus:

¶643

9. Validity of Environmental Clearance (EC):

¶644

(i) The “Validity of Environmental Clearance” is meant the period from which a prior environmental clearance is granted by the regulatory authority, or may be presumed by the applicant to have been granted under sub-paragraph (iii) of paragraph 8, to the start of production operations by the project or activity, or completion of all constructions operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. The prior environmental clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects [item 1(c) of the Schedule], project life as estimated by the Expert Appraisal Committee or State Level Expert Appraisal Committee or District Level Expert Appraisal Committee subject to a maximum of thirty years for mining projects and seven years in the case of all other projects and activities.

¶645

(ii) In the case of Area Development projects and Townships [item 8(b)], the validity period of seven years shall be limited only to such activities as may be the responsibility of the applicant as a developer;

¶646

Provided that this period of validity with respect to subparagraphs (i) and (ii) above may be extended by the regulatory authority concerned by a maximum period of three years if any application is made to the regulatory authority by the applicant within the validity period, together with an updated Form I, and Supplementary Form 1A for construction projects or activities (item 8 of the Schedule):

¶647

Provided further that the regulatory authority may also consult the Expert Appraisal Committee or State Level Expert Appraisal Committee or District Level Expert Appraisal Committee, as the case may be, for grant of such extension.

¶648

(iii) Where the application for extension under sub-paragraphs

¶649

W.P.(C) Nos. 17533 of 2020 & con. cases

¶650

..71..

¶651

(i) and (ii) above has been filed---

¶652

(a) within thirty days after the validity period of Environmental Clearance, such cases shall be referred to concerned Expert Appraisal Committee or State Level Expert Appraisal Committee or District Level Expert Appraisal Committee and based on their recommendations, the delay shall be condoned at the level of the Joint Secretary in the Ministry of Environment, Forest and Climate Change or Member Secretary, State Level Expert Appraisal Committee or Member Secretary, District Level Expert Appraisal Committee, as the case may be;

¶653

(b) more than thirty days after the validity period of Environmental Clearance but less than ninety days after such validity period, then, based on the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee or District Level Expert Appraisal Committee, the delay shall be condoned with the approval of the Minister in charge of Environment, Forest and Climate Change or Chairman, as the case may be:

¶654

Provided that no condonation for the delay shall be granted for any application for extension filed beyond ninety days after the validity period of Environmental Clearance.

¶655

While the clause aforesaid prescribes specific validity periods

¶656

for the ECs to be granted for various projects or activities, the same does not prescribe a specific validity period for the ECs to be issued for mining projects. Instead, it is provided therein that the validity of the ECs to be issued for mining projects shall be the project life as estimated by the expert appraisal committees concerned, subject to a maximum of 30 years. Likewise, though the clause aforesaid makes a provision for

¶657

W.P.(C) Nos. 17533 of 2020 & con. cases

¶658

..72..

¶659

extension of the validity of the ECs issued for projects falling unde r clause 8 of the schedule to 2006 notification, there is no provision therein for extension of the validity of the ECs granted for mining projects. Further, there is also no provision in the notification for a fresh grant of EC for a project for which EC is granted once. In other words, the scheme of 2006 notification as far as mining projects are concerned, is that if it is found that EC is to be granted for a mining project, the same shall be granted for the life of the project as estimated by the expert appraisal committees concerned. In the said the view of the matter, according to me, the decision of SEIAA to limit the validity of the ECs to be granted for mining projects to 5 years, is against the terms and spirit of 2006 notification. As noted, SEIAA being a body constituted only for the purpose of exercising the powers of the Central Government in terms of 2006 notification, it cannot take a decision otherwise than in accordance with the notification, for it does not have any inherent power or authority. That does not mean that SEIAA cannot exercise any powers incidental to the powers vested in it in terms of the notification. SEIAA would certainly be justified

¶660

..73..

¶661

W.P.(C) Nos. 17533 of 2020 & con. cases

¶662

in exercising powers incidental and ancillary to the powers conferred on it for the purpose of achieving the object of the notification, but it can never take any decision contrary to the terms of the notification or its scheme and spirit, whatever be the justification for the same. It is trite that where the power exercised by a quasi-judicial authority cannot reasonably be held to be incidental to the power expressly granted, the action would be ultra vires [See Bishweshwar Dayal Sinha v. University of Bihar , AIR 1965 SC 601]. I nsofar as it was found that the petitioners in this batch of writ petitions were eligible for ECs in terms of 2006 notification, the regulatory authorities concerned should have granted to them ECs for the life of their respective projects. Similar view is seen taken by the High Court of Orissa in MGM Minerals Ltd.

¶663

As evident from clause 9 of the 2006 notification, the provision therein as regards the validity of the ECs to be granted for mining projects is that it shall be valid for the period of the project life as estimated by the appraisal committees concerned. In other words, it was obligatory for the appraisal committees concerned in all the cases to make an

¶664

W.P.(C) Nos. 17533 of 2020 & con. cases

¶665

..74..

¶666

estimation of the life of each project. As rightly pointed out by the learned Additional Advocate General, the project life is not one to be estimated by the project proponents, but to be estimated by the appraisal committees concerned. Though it was submitted on behalf of some of the petitioners that the appraisal committees in their cases have made an estimation of the project life, on a meticulous examination of the materials, I am unable to accept the said contention. Further, as noted, as early as on 31.10.2014, SEIAA has decided to limit the ECs to be issued for mining projects to 5 years and therefore, there was no occasion at all for the expert appraisal committees concerned to make an estimation of the life of the projects of the petitioners.

¶667

I have already found that the decision of SEIAA to limit the validity of the ECs to be granted for mining projects to 5 years is against the terms and spirit of 2006 notification and the said decision is ultra vires the 2006 notification. In the said view the matter, Ext.P20 decision of SEIAA is illegal and without jurisdiction.

¶668

The learned Standing Counsel for SEIAA has

¶669

W.P.(C) Nos. 17533 of 2020 & con. cases

¶670

..75..

¶671

made an attempt to justify Ext.P20 decision contending that the same was one issued to make the ECs to be granted in terms of 2006 notification in tune with the KMMC Rules. This is an afterthought. It is seen from Ext.P20 decision itself that the same was taken since it was felt that sufficient enforcement mechanism is not available in the State for monitoring compliance of the various conditions imposed in the matter of granting ECs. When a statutory functionary makes an order based on a ground, its validity must be judged by the reason so mentioned and cannot be supplemented by fresh reasons, for otherwise, an order which is bad at the beginning would get validated when it comes to the court on account of a challenge [ Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi , (1978) 1 SCC 405]. Be that as it may, since it is found that SEIAA has no authority to take a decision in the nature of Ext.P20, the reason that prompted SEIAA to take such a decision is irrelevant as well.

¶672

As regards the arguments advanced by the learned Additional Advocate General based on precautionary principle, I must state that the various principles evolved by

¶673

..76..

¶674

W.P.(C) Nos. 17533 of 2020 & con. cases

¶675

the courts in environmental law such as polluter pays, sustainable development, precautionary principle etc. cannot be put forward in a case where the decision taken by the statutory authority is impugned for of want of jurisdiction . The aforesaid are only principles evolved to be followed as guiding principles while dealing with matters relating to enviro nment.

¶676

As noted, the appraisal committees concerned have not estimated the life of the projects of the petitioners in any of the cases while making recommendations to the regulatory bodies for grant of ECs. As such, the declaration sought by the petitioners that they are entitled to ECs for the life of their respective projects as estimated by them cannot be granted. In other words, the life of the projects of the petitioners needs to be estimated by the appraisal committees concerned.

¶677

In the circumstances, the writ petitions are disposed of directing the regulatory bodies concerned to call for additional recommendations from the appraisal committees after estimating the life of the projects of the petitioners in respect of which ECs have been issued to them, and

¶678

..77..

¶679

W.P.(C) Nos. 17533 of 2020 & con. cases

¶680

thereupon, re-validate the ECs granted to the petitioners, wherever necessary. It is made clear that in the matter of making estimation of the life of the projects in terms of this judgment, it will be open to the appraisal committees to call for additional information required and in that event, it will be obligatory for the petitioners to furnish the additional information called for. It is also made clear that the recommendations of the appraisal committees in this regard would not be binding on the regulatory bodies, and in the event the regulatory bodies disagree with the recommendations made by the appraisal committees as regards the project life of the petitioners, the regulatory bodies would be free to follow the procedure mentioned in clause 8 of 2006 notification in the matter of arriving at the conclusion as to the life of the projects of the petitioners, for the purpose of complying with the directions contained in this judgment. The directions aforesaid shall be complied with, within four months from today.

¶681

P.B.SURESH KUMAR JUDGE

¶682

ds 21.10.2020

¶683

W.P.(C) Nos. 17533 of 2020 & con. cases

¶684

..78..

¶685

APPENDIX OF WP(C) 17533/2020

¶686

PETITIONER'S/S EXHIBITS:

¶687

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 19/3/2015. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 5/12/2014 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF NOTIFICATION NO.S.O.2484(E), DATED 3/11/2011. EXHIBIT P4 TRUE COPY OF NOTIFICATION NO.S.O.804(E), DATED 19/3/2015. EXHIBIT P5 TRUE COPY OF NOTIFICATION NO.S.O.4913(E), DATED 19/9/2018. EXHIBIT P6 TRUE COPY OF THE INDEX OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLEARANCE DATED 20/3/2014. EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE CHECK LIST FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 20/3/2014. EXHIBIT P8 TRUE COPY OF RELEVANT PAGES OF FORM I APPLICATION SUBMITTED BY THE PETITIONER DATED 20/3/2014.

¶688

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF QUESTIONNAIRE FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 20/3/2014. EXHIBIT P10 TRUE COPY OF RELEVANT PAGES OF PREFEASIBILITY CUM ENVIRONMENT MANAGEMENT

¶689

W.P.(C) Nos. 17533 of 2020 & con. cases

¶690

..79..

¶691

PLAN WHICH FORM PART OF APPLICATION OF ENVIRONMENTAL CLEARANCE DATED 20/3/2014.

¶692

EXHIBIT P11	TRUE COPY OF GEOLOGICAL PLAN, SURFACE PLAN AND POST MINE CLOSURE PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 20/3/2014.
EXHIBIT P12	TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING PLAN SUBMITTED ALONG WITH THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 20/3/2014.
EXHIBIT P13	TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 29TH MEETING OF THE 2ND RESPONDENT HELD ON 2ND AND 3RD MAY 2014.
EXHIBIT P14	TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 32ND MEETING OF THE 2ND RESPONDENT HELD ON 12TH/13TH AUGUST 2014.
EXHIBIT P15	TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE 1ST RESPONDENT HELD ON 31/10/2014 DECIDING TO GRANT ENVIRONMENTAL CLEARANCE WITH A VALIDITY OF 5 YEARS.
EXHIBIT P16	TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 28/8/2019.
EXHIBIT P17	TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF MINING SUBMITTED BY THE PETITIONER FOR THE PERIOD 2019-2020 TO 2023-2024.
EXHIBIT P18	TRUE COPY OF THE APPLICATION PREPARED BY THE PETITIONER FOR REQUESTING THE COPY THE MINUTES UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT, 2005 DATED 7/8/2020.

¶693

W.P.(C) Nos. 17533 of 2020 & con. cases

¶694

..80..

¶695

EXHIBIT P19 TRUE COPY OF THE EMAIL COMMUNICATION SENT BY THE PETITIONER ENQUIRING ABOUT THE MINUTES DATED 7/8/2020. EXHIBIT P20 (1). TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF MEETING OF RESPONDENTS 1 AND 2 DOWNLOADED FROM THE WEB SITE OF THE 1ST RESPONDENT DATED 31/10/2014. (2). TRUE COPY OF RELEVANT PAGES OF EXT. P20 VIZ PAGE NO.106 AND 107 OF THE WRIT PETITION. EXHIBIT P21 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF 89TH MEETING OF THE 1ST RESPONDENT DATED 27/2/2019. EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF MEETING CONVENED AT THE INSTANCE OF GOVERNMENT DATED 15/5/2019.

¶696

W.P.(C) Nos. 17533 of 2020 & con. cases

¶697

..81..

¶698

APPENDIX OF WP(C) 10803/2020

¶699

PETITIONER'S/S EXHIBITS:

¶700

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE NO 02/2017 DTD 29.03.20187 WITH FILE NO.DEIAA/EC2/2017 (P 977/16) ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, THIRUVANANTHAPURAM

¶701

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MING PLAN OF THE PETITIONER

¶702

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014 EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2015 PASSED BY THE 4TH RESPONDENT.

¶703

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶704

W.P.(C) Nos. 17533 of 2020 & con. cases

¶705

..82..

¶706

APPENDIX OF WP(C) 10860/2020

¶707

PETITIONER'S/S EXHIBITS:

¶708

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 49 DTD 2304-2016 WITH THE NO. 570/SKIAA/ECI/4174/2014 ISSUED BY THE 1ST RESPONDENT

¶709

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER ALONG WITH THE COVERING LETTER DATED 25-112015 ISSUED BY THE 3RD RESPONDENT

¶710

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24-122014 IN WP(C) NO. 25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶711

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2015 PASSED BY THE 4TH RESPONDENT.

¶712

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶713

W.P.(C) Nos. 17533 of 2020 & con. cases

¶714

..83..

¶715

APPENDIX OF WP(C) 10862/2020

¶716

PETITIONER'S/S EXHIBITS:

¶717

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 24/2017 DTD 31-03-2017 WITH FILE NO. 934/SEIAA/ECI/3911/2015 ISSUED BY THE 1ST RESPONDENT

¶718

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER ALONG WITH THE COVERING LETTER DATED 07-092015 ISSUED BY THE 3RD RESPONDENT

¶719

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24-122014 IN WP(C) NO. 25211/2013 O THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/6646/2014

¶720

¶721

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶722

W.P.(C) Nos. 17533 of 2020 & con. cases

¶723

..84..

¶724

APPENDIX OF WP(C) 10880/2020

¶725

PETITIONER'S/S EXHIBITS:

¶726

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE DTD 24.0.2014 ISSUED BY THE 1ST RESPONDENT

¶727

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶728

W.P.(C) Nos. 17533 of 2020 & con. cases

¶729

..85..

¶730

APPENDIX OF WP(C) 11048/2020

¶731

PETITIONER'S/S EXHIBITS:

¶732

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO 42/2016 DATED 23.4.2016 WITH NO 847/SEIAA/ECI/2859/2015 ISSUED BY THE 1ST RESPONDENT

¶733

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO 25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/.0646/2014

¶734

EXHIBIT P3 THE ABSTRACT COPY OF THE MINING PLAN DATED 26/02/2015 APPROVED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2015 ISSUED BY THE 4TH RESPONDENT.

¶735

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶736

W.P.(C) Nos. 17533 of 2020 & con. cases

¶737

..86..

¶738

APPENDIX OF WP(C) 11053/2020

¶739

PETITIONER'S/S EXHIBITS:

¶740

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 158/2016 DTD. 30.09.2016 WITH FILE NO. 870/SEIAA/EC4/3101/2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1 (A) TRUE COPY OF THE ERRATUM ORDER DATED 06.05.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1 (B) TRUE COPY OF THE ORDER DATED 17.03.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER ALONG WITH THE COVERING LETTER DATED 03.06.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO. 25211/2013 ON THE FILES OF THE HONBLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014. EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(a) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶741

W.P.(C) Nos. 17533 of 2020 & con. cases

¶742

..87..

¶743

APPENDIX OF WP(C) 11079/2020

¶744

PETITIONER'S/S EXHIBITS:

¶745

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.43/2016 DATED 27.04.2016 WITH FILE NO.541/SEIAA/KL/3885/2014 ISSUED BY THE 1ST RESPONDENT

¶746

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN TO THE PETITIONER APPROVED BY ORDER DATED 06.03.2015 ISSUED BY THE 3RD RESPONDENT

¶747

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C)NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014 EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(a): TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2015 ISSUED BY THE 4TH RESPONDENT.

¶748

EXHIBIT P5: TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶749

W.P.(C) Nos. 17533 of 2020 & con. cases

¶750

..88..

¶751

APPENDIX OF WP(C) 11106/2020

¶752

PETITIONER'S/S EXHIBITS:

¶753

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 83/2016 DTD 01-06-2016 WITH NO. 752/SEIAA/KL/301/2015 ISSUED BY THE 1ST RESPONDENT

¶754

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 24-122014 IN WP(C) NO. 25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/0R/0646/2014

¶755

EXHIBIT P3 TRUE ABSTRACT COPY OF THE MINE CLOSURE PLAN DATED 5/10/2018 APPROVED BY THE 3RD RESPONDENT

¶756

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4(a) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/3/2015 ISSUED BY THE 4TH RESPONDENT

¶757

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020

¶758

W.P.(C) Nos. 17533 of 2020 & con. cases

¶759

..89..

¶760

APPENDIX OF WP(C) 11409/2020

¶761

PETITIONER'S/S EXHIBITS:

¶762

EXHIBIT P1	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.40/2017 DATED 12.06.2017 WITH FILE NO.624/SE1AA/KL/4807/2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2	TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER ALONG WITH THE COVERING LETTER DATED 23.01.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C)NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014.
EXHIBIT P4	TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4(a)	TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE RELEVANT PARA OF THE DRAFT OF THE ENVIRONMENTAL IMPACT
	ASSESSMENT NOTIFICATION, 2020.

¶763

RESPONDENT'S/S EXHIBITS:

¶764

EXHIBIT R7(a):	A TRUE PHOT	OCOPY OF THE RELEVANT PAGES
	OF THE 59TH	MEETING OF THE SEAC,
	KERALA HELD 12/07/2016.	ON 11/07/2016 TO
EXHIBIT R7(b):	A TRUE PHOT	OCOPY OF THE RELEVANT PAGES
	OF THE 34TH	MEETING OF THE SEIAA,
	KERALA HELD	ON 31/10/2014.

¶765

W.P.(C) Nos. 17533 of 2020 & con. cases

¶766

..90..

¶767

EXHIBIT R7(c): A TRUE PHOTOCOPY OF THE REPORT DATED 12/06/2019 OF THE TAHSILDAR, NEDUMANGAD TO THE RDO, NEDUMANGAD.

¶768

W.P.(C) Nos. 17533 of 2020 & con. cases

¶769

..91..

¶770

APPENDIX OF WP(C) 11614/2020

¶771

PETITIONER'S/S EXHIBITS:

¶772

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE NO.105/2017 DTD 29.12.2017 WITH FILE NO.873/SEIAA/ECI/3104/2015 ISSUED BY THE 1ST RESPONDENT

¶773

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 09.03.2015 ISSUED BY THE 3RD RESPONDENT

¶774

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶775

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT

¶776

EXHIBIT P4(a) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/3/2015 ISSUED BY THE 4TH RESPONDENT

¶777

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020

¶778

W.P.(C) Nos. 17533 of 2020 & con. cases

¶779

..92..

¶780

APPENDIX OF WP(C) 11763/2020

¶781

PETITIONER'S/S EXHIBITS:

¶782

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE CERTIFICATE NO.106/2017 DTD. 29/12/2017 WITH FILE NO.872/SEIAA/EC1/3103/2015 ISSUED BY THE 1ST RESPONDENT.

¶783

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 09/03/2015 ISSUED BY THE 3RD RESPONDENT.

¶784

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24/12/2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014.

¶785

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT.

¶786

EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT.

¶787

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶788

W.P.(C) Nos. 17533 of 2020 & con. cases

¶789

..93..

¶790

APPENDIX OF WP(C) 12391/2020

¶791

PETITIONER'S/S EXHIBITS:

¶792

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO 09/2016 DATED 3.2.2016 WITH FILE NO 646/EC4/4942/2014/SEIAA ISSUED BY THE 1ST RESPONDENT

¶793

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 3.3.2016 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WPC NO 25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶794

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶795

W.P.(C) Nos. 17533 of 2020 & con. cases

¶796

..94..

¶797

APPENDIX OF WP(C) 12420/2020

¶798

PETITIONER'S/S EXHIBITS:

¶799

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.58 DTD.10.08.2015 WITH FILE NO.200/SEIAA/EC4/86/2014 ISSUED BY THE 1ST RESPONDENT

¶800

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 20.03.2015 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE ABSTRACT COPY OF THE APPROVED MING PLAN OF THE PETITIONER

¶801

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014 EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(a): TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19/03/2015 ISSUED BY THE 4TH RESPONDENT.

¶802

EXHIBIT P5: TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶803

W.P.(C) Nos. 17533 of 2020 & con. cases

¶804

..95..

¶805

APPENDIX OF WP(C) 12439/2020

¶806

PETITIONER'S/S EXHIBITS:

¶807

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.DTD 29.11.2014 WITH FILE NO.222/SEIAA/KL/349/2014 ISSUED BY THE 1ST RESPONDENT

¶808

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 25.01.2016 ISSUED BY THE 3RD RESPONDENT

¶809

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶810

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT

¶811

EXHIBIT P4 A TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.3.2015 ISSUED BY THE 4TH RESPONDENT

¶812

EXHIBIT P5 TRUE COPY OF THE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020

¶813

W.P.(C) Nos. 17533 of 2020 & con. cases

¶814

..96..

¶815

APPENDIX OF WP(C) 13113/2020

¶816

PETITIONER'S/S EXHIBITS:

¶817

EXHIBIT P1	TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 1.4.2017.
EXHIBIT P2	TRUE COPY OF RELEVANT PAGES OF THE MINUTES OF THE 39TH MEETING OF THE 2ND RESPONDENT, SEAC, HELD ON 14TH AND 15TH MAY, 2015.
EXHIBIT P3	TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 39TH MEETING OF SEIAA HELD ON 18.6.2015.
EXHIBIT P4	TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 10.8.2015 ISSUED TO THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE INDEX OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLEARANCE DATED 12.5.2014.
EXHIBIT P6	TRUE COPY OF RELEVANT PAGES OF THE CHECK LIST FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 12.5.2014.
EXHIBIT P7	TRUE COPY OF RELEVANT PAGES OF FORM 1 APPLICATION SUBMITTED BY THE PETITIONER DATED 12.5.2014.
EXHIBIT P8	TRUE COPY OF THE RELEVANT PAGES OF QUESTIONNAIRE FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 12.5.2014.
EXHIBIT P9	TRUE COPY OF RELEVANT PAGES OF PRE-

¶818

W.P.(C) Nos. 17533 of 2020 & con. cases

¶819

..97..

¶820

FEASIBILITY CUM ENVIRONMENT MANAGEMENT PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 12.5.2014.

¶821

EXHIBIT P10 TRUE COPY OF GEOLOGICAL PLAN, SURFACE PLACE AND POST MINE CLOSURE PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE. EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN DATED 25.4.2015 SUBMITTED ALONG WITH THE APPLICATION FOR ENVIRONMENTAL CLEARANCE. EXHIBIT P12 TRUE COPY OF REPLY DATED 23.6.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P13 TRUE COPY OF CERTIFICATE DATED 2.3.2020 ISSUED BY THE SR.MANAGER, FEDERAL BANK, MUKKOM BRANCH, SHOWING DETAILS OF LOANS AVAILED BY THE PETITIONER. EXHIBIT P14 TRUE COPY OF LETTER OF INTENT ISSUED BY THE DIRECTOR, MINING & GEOLOGY DIRECTORATE, DATED 24.4.2015.

¶822

W.P.(C) Nos. 17533 of 2020 & con. cases

¶823

..98..

¶824

APPENDIX OF WP(C) 15089/2020

¶825

PETITIONER'S/S EXHIBITS:

¶826

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.72/2016 DT. 31/05/2016 WITH FILE NO.602/SEIAA/EC4/4629/2014 ISSUED BY THE 1ST RESPONDENT.

¶827

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 28/10/2015 ISSUED BY THE 3RD RESPONDENT.

¶828

EXHIBIT P2(A) TRUE COPY OF THE ORDER DATED 01/11/2016 WITH NO.470/201617/12907/M3/2015 ISSUED BY THE 6TH RESPONDENT.

¶829

EXHIBIT P2(B) TRUE COPY OF THE QUARRYING LEASE DATED 18/11/2016 VALID TILL 17/11/2022 ISSUE TO THE PETITIONER.

¶830

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24/12/2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014.

¶831

W.P.(C) Nos. 17533 of 2020 & con. cases

¶832

..99..

¶833

APPENDIX OF WP(C) 15507/2020

¶834

PETITIONER'S/S EXHIBITS:

¶835

EXHIBIT P1	TRUE COPY OF THE ENVIRONMENTAL CLE WITHOUT ANY APPEN DRAWINGS	APPLICATION FOR ARANCE DATED 14.2.2015 DICES INCLUDING PLANS,
EXHIBIT P2	TRUE COPY OF THE MINUTES OF THE 39 RESPONDENT, SEAC, MAY,2015	RELEVANT PAGES OF THE TH MEETING OF THE 2ND HELD ON 14TH AND 15TH
EXHIBIT P3	TRUE COPY OF THE MINUTES OF THE 39 ON 18.6.2015	RELEVANT PAGES OF THE TH MEETING OF SEIAA HELD
EXHIBIT P4	TRUE COPY OF THE DATED 10.8.2015	ENVIRONMENTAL CLEARANCE
EXHIBIT P5	TRUE COPY OF THE 07.06.2016	QUARRYING PERMIT DATED
EXHIBIT P6	TRUE COPY OF THE DATED 13.7.2020	PERMIT VALID UPTO 9.8.2020
EXHIBIT P7	TRUE COPY OF THE 30.06.2020 WITHOU	APPLICATION DATED T ANNEXURES AND APPENDICES

¶836

W.P.(C) Nos. 17533 of 2020 & con. cases

¶837

..100..

¶838

APPENDIX OF WP(C) 18778/2020

¶839

PETITIONER'S/S EXHIBITS:

¶840

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.38/2017 DATED 01.06.2017 WITH FILE NO.724/SEIAA/KL6074/2014 ISSUED BY THE 1ST RESPONDENT.

¶841

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 10.08.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2(a) TRUE COPY OF THE QUARRYING LEASE DATED 03.05.2019 VALID TILL 02.05.2024 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C) NO. 25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014. EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4(a) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT.

¶842

EXHIBIT P5 TRUE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶843

W.P.(C) Nos. 17533 of 2020 & con. cases

¶844

..101..

¶845

APPENDIX OF WP(C) 18929/2020

¶846

PETITIONER'S/S EXHIBITS:

¶847

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 19.2.2018, VALID UPTO 18.2.2030. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 23.9.2020 ISSUED TO THE PETITIONER, VALID UPTO 23.9.2022. EXHIBIT P3 TRUE COPY OF NOTIFICATION NO.S.O. 190 (E) DATED 20.1.2016. EXHIBIT P4 TRUE COPY OF THE INDEX OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLERANCE DATED 27.3.2017. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE CHECK LIST FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 27.3.2017.

¶848

EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF FORM 1 APPLICATION SUBMITTED BY THE PETITIONER DATED 27.3.2017. EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF PREFEASIBILIITY CUM ENVIRONMENT MANAGEMENT PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 27.3.2017.

¶849

EXHIBIT P8 TRUE COPY OF GEOLOGICAL PLAN, SURFACE PLAN AND POST MINE CLOSURE PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 27.3.2017. EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE

¶850

W.P.(C) Nos. 17533 of 2020 & con. cases

¶851

..102..

¶852

QUARRYING PLAN SUBMITTED ALONG WITH THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 20.3.2014.

¶853

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 4TH MEETING OF THE 2ND RESPONDENT HELD ON 12.5.2017.

¶854

EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 5TH MEETING OF THE 2ND RESPONDENT HELD ON 9.6.2017.

¶855

EXHIBIT P12 TRUE TYPED COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 1ST RESPONDENT HELD ON 3.8.2017.

¶856

EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE JOINT MEETING OF THE 4TH AND 5TH RESPONDENTS DATED 31.10.2014.

¶857

W.P.(C) Nos. 17533 of 2020 & con. cases

¶858

..103..

¶859

¶860

PETITIONER'S/S EXHIBITS:

¶861

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.39/2016 DTD. 04.03.2016 WITH FILE NO.763/SEIAA/ECI/447/2015 ISSUED BY THE 1ST RESPONDENT.

¶862

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPROVED MINING PLAN OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2(A) TRUE COPY OF THE ORDER DATED 09.04.2018 WITH NO.20/201819/6475/M3/2017/DMG ISSUED BY THE 6TH RESPONDENT. EXHIBIT P2(B) TRUE COPY OF THE QUARRYING LEASE DATED 18.04.2018 VALID TILL 17.04.2028 ISSUE TO THE PETITIONER.

¶863

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 24.12.2014 IN WP(C) NO.25211/2013 ON THE FILES OF THE HON'BLE HIGH COURT OF ORISSA AS REPORTED IN MANU/OR/0646/2014

¶864

EXHIBIT P4 TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 10.12.2014 ISSUED BY THE 4TH RESPONDENT.

¶865

EXHIBIT P4(A) TRUE COPY OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.03.2015 ISSUED BY THE 4TH RESPONDENT.

¶866

EXHIBIT P5 TRUE ABSTRACT OF THE DRAFT OF THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 2020.

¶867

W.P.(C) Nos. 17533 of 2020 & con. cases

¶868

..104..

¶869

¶870

PETITIONER'S/S EXHIBITS:

¶871

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 26.7.2017 VALID UP TO 25.7.2029. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 17.6.2017 ISSUED TO THE PETITIONER VALID UP TO 16.6.2022. EXHIBIT P3 TRUE COPY OF NOTIFICATION NO. S.O. 190 (E) DATED 20.1.2016. EXHIBIT P4 TRUE COPY OF THE INDEX OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLEARANCE DATED 03.12.2016. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE CHECK LIST FOR MINING PROJECT WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 03.12.2016. EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF FORM 1 APPLICATION SUBMITTED BY THE PETITIONER DATED 3.12.2016. EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF PRE FEASIBILITY CUM ENVIRONMENTAL MANAGEMENT PLAN WHICH FROM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 03.12.2016. EXHIBIT P8 TRUE COPY OF THE GEOLOGICAL PLAN, SURFACE PLAN AND POT MINE CLOSURE PLAN WHICH FROM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 03.12.2016.

¶872

W.P.(C) Nos. 17533 of 2020 & con. cases

¶873

..105..

¶874

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING PLAN SUBMITTED ALONG WITH THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 03.12.2016.

¶875

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 2ND MEETING OF THE 2ND RESPONDENT HELD ON THE 1.2.2017.

¶876

EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE 3RD MEETING OF THE 2ND RESPONDENT HELD ON 28.4.2017.

¶877

EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF 1ST MEETING OF THE 1ST RESPONDENT, DATED 16.5.2017.

¶878

EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGE OF DECISION TAKEN BY THE 4TH AND 5TH RESPONDENTS IN THEIR JOINT MEETING HELD ON 31.10.2014.

¶879

W.P.(C) Nos. 17533 of 2020 & con. cases

¶880

..106..

¶881

¶882

PETITIONER'S/S EXHIBITS:

¶883

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 27/9/2017, VALID UPTO 26/9/2029.

¶884

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE BEARING DATED 15/7/2017 ISSUED TO THE PETITIONER, VALID UPTO 15/7/2022.

¶885

EXHIBIT P3 TRUE COPY OF NOTIFICATION NO.S.O.190(E), DATED 20/1/2016.

¶886

EXHIBIT P4 TRUE COPY OF THE INDEX OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR ENVIRONMENTAL CLEARANCE DATED 1/12/2016.

¶887

EXHIBIT P5 TRUE COPY OF RELEVANT PAGES OF FORM 1 APPLICATION SUBMITTED BY THE PETITIONER DATED 1/12/2016.

¶888

EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF PREFEASIBILITY CUM ENVIRONMENT MANAGEMENT PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DATED 1/12/2016.

¶889

EXHIBIT P7 TRUE COPY OF GEOLOGICAL PLAN, SURFACE PLAN AND POST MINE CLOSURE PLAN WHICH FORM PART OF APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 1/12/2016.

¶890

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING PLAN SUBMITTED ALONG WITH THE APPLICATION FOR ENVIRONMENTAL CLEARANCE DT. 1/12/2016.

¶891

EXHIBIT P9	TRUE COPY OF THE RELEVANT PAGES OF THE
	MINUTES OF THE 1ST MEETING OF THE 2ND

¶892

W.P.(C) Nos. 17533 of 2020 & con. cases

¶893

..107..

¶894

RESPONDENT HELD ON 12/1/2017.

¶895

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 3RD MEETING OF THE 2ND RESPONDENT HELD ON 28/4/2017.

¶896

EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 1ST RESPONDENT HELD ON 23/5/2017.

¶897

EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE JOINT MEETING OF THE 4TH AND 5TH RESPONDENTS DATED 31/10/2014.

¶898

W.P.(C) Nos. 17533 of 2020 & con. cases

¶899

..108..

¶900

¶901

PETITIONER'S/S EXHIBITS:

¶902

EXHIBIT	P1 A TRUE COPY OF DATED 14.07.200	THE 8.	QUARRYING LEASE
EXHIBIT	P2 A TRUE COPY OF CLEARANCE DATED	THE 10.	ENVIRONMENTAL 08.2015.
EXHIBIT	P3 A TRUE COPY OF 2006 (RELEVANT	THE PAGE	EIA NOTIFICATION, S ONLY).
EXHIBIT	P4 A TRUE COPY OF RENEWAL OF QUAR 20.07.2018.	THE RYIN	APPLICATION FOR G LEASE DATED
EXHIBIT	P5 A TRUE COPY OF 14.09.2020 IN W	THE P(C)	ORDER DATED NO.18794/2020.
EXHIBIT	P6 A TRUE COPY OF 1994 (RELEVANT	THE PAGE	EIA NOTIFICATION, S ONLY).
EXHIBIT	P7 A TRUE COPY OF OF QUARRYING LE 14.07.2020.	THE ASE	RECEIPT FOR RENEWAL SUBMITTED ON

M/S Tmt Granites Pvt.Ltd. v. the State Environment Impact Assessment Authority

Case brief

What is this about?

What the court decided

M/S Tmt Granites Pvt.Ltd. v. the State Environment Impact Assessment Authority

Case brief

What is this about?

What the court decided

A compact analysis

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Cases cited

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Parties & counsel

Coram

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