Disposed

M/S. Ever One Properties India Pvt. Ltd. v. State Level Environment Impact Assessment Authority

Kerala HC11 Dec 2020WP(C)/27620/2020

Case brief

AI extract

What is this about?

Petitioner sought re-validation of environmental clearance to align with quarrying lease expiry. Court directed regulatory bodies to estimate project life, seek additional recommendations from appraisal committees if needed, and re-validate clearances within six months.

What did the court decide?

Environmental clearance to be re-validated by the regulatory body within six months after estimating project life and consulting appraisal committees.

M/S. Ever One Properties India Pvt. Ltd. Vs State… — Environment and Pollution | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942

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WP(C).No.27620 OF 2020(B)

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PETITIONER:

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M/S.EVER ONE PROPERTIES INDIA PVT. LTD., PAREEKANNI P.O, KOTHAMANGALAM, ERNAKULAM-686 691. REPRESENTED BY ITS MANAGING DIRECTOR, K.M. ABDUL RASHEED.

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BY ADVS. SRI.PHILIP J.VETTICKATTU SMT.SAJITHA GEORGE

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RESPONDENTS:

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

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2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (DEAC) REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMOOLA ROAD, OVERBRIDGE, VELAKKUDI, THIRUVANANTHAPURAM, PIN-695 024.

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BY ADV. SRI.M P SREEKRISHNAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27620 OF 2020(B)

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JUDGMENT

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Dated this the 11th day of December 2020

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The petitioner, M/s. Ever One Properties India Pvt. Ltd., obtained Ext.P1 environmental clearance on 7.10.2016, from the 1^st respondent, for a period of five years. The petitioner also obtained a quarrying lease on 18.08.2017 for a period of 12 years. They seek re-validation of the environmental clearance till the project validity of the quarrying lease expires.

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This Court considered a similar issue with the

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following directions:

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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, 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

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WP(C).No.27620 OF 2020(B)

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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.

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Following the above directions, the 1^st respondent

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shall take up the petitioner's request and dispose of the

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same, within a period of six months, after notice to the petitioner.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C).No.27620 OF 2020(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 07.10.2016 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DEED EXECUTED IN FORM H ON 18/08/2017. EXHIBIT P3 TRUE COPY OF THE DECISION OF THE JOINT MEETING OF SEIAA & SEAC DATED 31.10.2014. EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 27.02.2019. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 2.11.2020 IN WPC NO.17533/2020 OF THIS HON'BLE COURT.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

M/S. Ever One Properties India Pvt. Ltd. v. State Level Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

M/S. Ever One Properties India Pvt. Ltd. v. State Level Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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