Disposed

Bijulal D. v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Kerala HC6 Dec 2021WP(C)/21554/2021

Case brief

AI extract

What is this about?

The Court recalled a prior judgment containing typographical errors. It disposed of the writ petition by directing the 3rd respondent to reconsider pending mining plan applications ignoring a prior rejection, and ordered the approval to be finalised within six weeks.

What did the court decide?

Directing the 3rd respondent to consider pending mining plan applications untrammeled by prior rejection and to finalise the approval and permit within six weeks.

Bijulal D. Vs State Level Environment Impact… — Labour and Industrial Disputes | Kerala HC (2021)

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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 T.R.RAVI

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MONDAY, THE 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943

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WP(C) NO. 21554 OF 2021

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PETITIONER:

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BIJULAL D. AGED 46 YEARS, S/O.DIVAKARAN, MUNDAKKAL MELETHIL HOUSE, PANCONAM, MUKHATHALA(PO), KOLLAM-691577.

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BY ADVS. SRI JOBI JOSE KONDODY SRI P.DEEPAK

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RESPONDENTS:

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

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

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3 THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, "KESAVA NIKETHAN", ASRAMAM(PO), KOLLAM-691002. R2 & R3 BY ADV SHRI.S.KANNAN, SENIOR GOVT. PLEADER R1 BY SRI.M.P.SREEKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21554 OF 2021

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). No. 21554 of 2021

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Dated this the 6^th day of December, 2021

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JUDGMENT

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This writ petition, which was disposed of on 01.12.2021 is posted today for 'to be spoken to' as some typographical errors have crept in the judgment. The judgment dated 01.12.2021 is hence suo motu recalled and the writ petition is disposed of as follows:

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The writ petition has been filed praying to quash Ext.P23 and for a direction to the 3^rd respondent to extend the validity period of Ext.P1 till 23.05.2022 in the light of Exts.P10 & P11 Government Orders to facilitate the petitioner to mine and extract the quantity of building stones prescribed in Ext.P2 for the 3^rd year.

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Pending the writ petition, the petitioner has filed I.A.No.1 of 2021 producing Exts.P28, P29 and P30, which are applications made for approval of the mining plan, etc. Learned counsel for the petitioner submits that the 3^rd respondent may be directed to consider these applications and pass orders dehors Ext.P23 by which the application with regard to the 3^rd year was rejected stating that the petitioner has already

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WP(C) NO. 21554 OF 2021

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mined the permitted quantity. I find considerable force in the above contention.

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In the above circumstances, the 3^rd respondent is directed to consider and pass orders on Exts.P28 & P29 after referring to Ext.P30 untrammeled by the observations made in Ext.P23.

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The Senior Government Pleader submitted that a months' time may be granted for finalising the approval of mining plan and a further months' time may be granted for issuance of the quarrying permit. Petitioner pointed out that the period is due to expire on May, 2022 and if such a long time is taken for consideration, he would lose the benefit of grant of the permit itself,based on Exts.P10 and P11.

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In the above circumstances, the 3^rd respondent is directed to pass orders regarding the finalisation of approval of the mining plan as well as the quarrying permit at the earliest, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

Sd/-/-

T.R.RAVI

JUDGE

WP(C) NO. 21554 OF 2021

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APPENDIX OF WP(C) 21554/2021

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 08.05.2020 VALID UP TO 07.05.2021.
Exhibit P2	A TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN OF THE PETITIONER DATED 23.01.2018 APPROVED BY THE 3RD RESPONDENT ON THE SAME DAY.
Exhibit P3	A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 24.05.2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (DEIAA), KOLLAM TO THE PETITIONER.
Exhibit P4	A TRUE COPY OF THE FORM LE-3 LICENCE DATED 01.06.2011 RENEWED AND VALID UPTO 31/3/2023.
Exhibit P5	A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 08.06.2018 VALID UPTO 23.05.2021 TO THE PETITIONER.
Exhibit P6	A TRUE COPY OF THE TRADE LICENSE DATED 01.04.2021 ISSUED BY THE 5H RESPONDENT FOR THE FINANCIAL YEAR 2021-22 ENDIND ON 07.05.2021 TO THE PETITIONER TO OPERATE THE BUILDING STONE QUARRY OF THE PETITIONER COVERED BY EXHIBIT P1.
Exhibit P7	A TRUE COPY OF THE QUARRYING PERMIT DATED 19.02.2019 HAVING VALIDITY UPTO 18.05.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P8	A TRUE COPY OF THE QAUARRYING PERMIT DATED
	15.05.2019 HAVING VALIDITY UPTO 14.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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WP(C) NO. 21554 OF 2021

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Exhibit P9	A TRUE COPY OF THE QUARRYING PERMIT DATED
	10.10.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER HAVING VALIDITY UPTO 18.02.2020.
Exhibit P10	A TRUE COPY OF THE NOTIFICATION DATED 18/1/2021 PUBLISHED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE IN THE GAZETTE OF INDIA PUBLISHED ON 18/1/2021.
Exhibit P11	A TRUE COPY OF THE GO.(RT)NO.203/2021/ID DATED 12.02.2021, ORDER ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P12	A TRUE COPY OF THE REPRESENTATION DATED 12.04.2021 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P13	A TRUE COPY OF THE JUDGMMENT DATED 07.05.2021 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.(C)NO.11103/2021.
Exhibit P14	A TRUE COPY OF THE LETTER DATED 07.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE DIRECTOR, MINING ANG GEOLOGY, THIRUVANANTHAPURAM
Exhibit P15	A TRUE COPY OF THE ORDER DATED 07.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P16	A TRUE COPY OF THE LETTER DATED 01/07/2021 SIGNED AND ISSUED BY THE 3RD RESPONDENT HEREIN ON 23.07.2021
Exhibit P17	A TRUE COPY OF THE ORDER DATED 26/07/2021 EXTENDING THE BENEFIT EXHIBITS P10 AND P11 GOVERNMENT ORDERS TO MR.E.K.JOSE.
Exhibit P18	A TRUE COPY OF THE CHALLAN RECEIPT DATED
	09.10.2019 EVIDENCING PAYMENT OF FINE AND ROYALTY

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WP(C) NO. 21554 OF 2021

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Exhibit P19	A TRUE COPY OF THE REMITTANCE OF FINE FOR VIOLATION OF MINING PLAN DATED 08.05.2020
Exhibit P20	A TRUE COPY OF THE CHALLAN RECEIPT DATED 20.04.2021 REMITTING RS.14,68,920/-
Exhibit P21	A TRUE COPY OF THE NOTICE DATED 08.09.2021 ISSUED BY THE 3RD RESPONDENT HEREIN TO THE PETITIONER
Exhibit P22	A TRUE COPY OF THE REPLY SUBMITTED BY THE MANAGER OF THE PETITIONER BEFORE THE 3RD RESPONDENT ON 13.09.2021
Exhibit P23	A TRUE COPY OF THE ORDER DATED 13.09.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P24	A TRUE COPY OF THE JUDGMENT DATED 28.09.2021 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE IN CON.CASE(C)NO.1421/2021
Exhibit P25	A TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING OF THE SEIAA, KERALA HELD ON 14TH TO 16TH SEPTEMBER, 2021.
Exhibit P26	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20.09.2021 BEFORE THE PUBLIC INFORMATION OFFICER, MINING AND GEOLOGY DISTRICT OFFICE, KOLLAM
Exhibit P27	A TRUE COPY OF THE REPLY SUBMITTED TO THE EXHIBIT P26 BY THE 3RD RESPONDENT DATED 08.10.2021
Exhibit P28	TRUE COPY OF THE REPRESENTATION DATED 26.11.2021 SUBMITTED BY THE PETITIONER ALONG WITH HIS REGISTERED QUALIFIED PERSON FOR
	APPROVAL OF EXHIBIT R3(F) MINING PLAN FOR THE 2ND YEAR AND 3RD YEAR.

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WP(C) NO. 21554 OF 2021

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Exhibit P29 TRUE COPY OF THE REPRESENTATION DATED 26.11.2021 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR ISSUANCE OF COUNTER SING CHALLAN FORM FOR REMITTANCE OF ROYALTY Exhibit P30 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED 27.11.2021 AND OTHER DOCUMENTS FOR RENEWAL OF EXHIBIT P2 FOR THE THIRD YEAR

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RESPONDENTS' EXHIBITS

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EXHIBIT R3(A)	A TRUE COPY OF THE SURVEY MAP PRODUCED BY THE PETITIONER BEFORE THIS RESPONDENT
EXHIBIT R3(B)	A TRUE COPY OF NOTICE DATED 08.09.2021 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT
EXHIBIT R3(C)	A TRUE COPY OF THE MINUTES OF THE HEARING PREPARED PURSUANT TO THE HEARING CONDUCTED ON 13.09.2021 AT THE OFFICE OF THE 3RD RESPONDENT
EXHIBIT R3(D)	A TRUE COPY OF THE COMMUNICATION DATED 02.09.2021
EXHIBIT R3(E)	A TRUE COPY OF THE COMMUNICATION DATED
	05.10.2021 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO ALL GEOLOGISTS OF THE STATE
EXHIBIT R3(F)	A TRUE COPY OF THE APPROVED REVISED MINING PLAN
EXHIBIT R3(G)	A TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT LIE OF THE QUARRY OF THE PETITIONER
EXHIBIT R3(H)	A TRUE COPY OF THE COMMUNICATION DATED 28.03.2018 ISSUED BY THE MEMBER SECRETARY, DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KOLLAM
EXHIBIT R3(I)	A TRUE COPY OF THE MOVEMENT PERMIT REGISTER PERTAINING TO THE PETITIONER FROM 08.10.2021 TO

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WP(C) NO. 21554 OF 2021

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30.11.2021 DOWNLOADED FROM THE OFFICIAL ONLINE PORTAL OF THE DEPARTMENT

Bijulal D. v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Case brief

What is this about?

What did the court decide?

Bijulal D. v. State Level Environment Impact Assessment Authority (Seiaa Kerala)

Case brief

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What did the court decide?

What the court decided

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