Disposed

Beta Granite (P) Ltd. v. the State Environment Impact Assessment Authority Kerala

Kerala HC16 Feb 2021WP(C)/3059/2021

Case brief

AI extract

What is this about?

The Court directed the petitioner to file an application before the SEIAA for re-validation of the Environment Clearance Certificate within one week, in line with prior directions to that Authority.

What did the court decide?

Directed petitioner to apply to SEIAA for re-validation of ECC within one week; SEIAA to consider application within four months.

Beta Granite (P) Ltd. Vs the State… — Pension and Retirement Benefits | 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 SATHISH NINAN

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TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

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WP(C).No.3059 OF 2021(F)

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PETITIONER:

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BETA GRANITE (P) LTD ANTHIYOORKUNNU, PULIKKAL P.O, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR/AUTHORIZED SIGNATORY MR. P.K ABDULLA KOYA, S/O KASMIKOYA AGED 63 YEARS, RESIDING AT 2/608, NOOR MAHAL, MATHOTTAM, ARAKKINAR P.O, BEYPOOR VILLAGE., KOZHIKODE TALUK , KOZHIKKODE DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENTS:

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1 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, 4TH FLOOR, K.S.R.T.C BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM, PIN 691 001 REPRESENTED BY ITS MEMBER SECRETARY

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2 THE STATE LEVEL EXPERT APPRAISAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE STATE LEVEL APPRAISAL COMMITTEE, PALLIMUKKU, KANNAMOOLA ROAD, OVER BRIDGE, VELAKKUDI, THIRUVANANTHAPURAM PIN 695 024

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3 THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, DIRECTORATE OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN 695 004

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4 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARRMENT, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT , PIN 676 121

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GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.3059 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 16^th day of February, 2021

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JUDGMENT

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The petitioner seeks for re-validation of the environment clearance certificate, for the life of the project.

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In T. Mathew Abraham v. State Level Environment Impact

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Assessment Authority and Ors. [2020 (6) KLT 302] , this Court directed the State Environment Impact Assessment Authority (SEIAA) to consider the application for enhancement of validity of the Environment Clearance Certificate, by estimating the Project Life of the particular project, and complete the exercise within an outer time limit of four months from the date of receipt of the application. Formal application needs to be filed before the SEIAA seeking re-validation of the Environment Clearance Certificate already issued to the petitioner.

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Taking note of the aforesaid facts, I deem it appropriate to dispose of this writ petition also in line with the directions issued in the

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W. P. (C) No.3059 of 2021

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-: 2 :-

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judgment referred above, making it clear that the petitioner herein shall prefer application before the SEIAA within a week from the date of receipt of a copy of this judgment, for re-validation of the Environment Clearance Certificate already issued to him in the past. The SEIAA shall, on receipt of the said application inform the petitioner of the further documents/details if any required from him for processing his application, within 2 weeks therefrom. Thereafter, on receipt of the information called for, the SEIAA shall consider that application and pass orders as directed by this Court within four months from the date of receipt of the information from the petitioner.

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The writ petition is disposed as above.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

WP(C).No.3059 OF 2021(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE PETITIONER 25-08-2017	THE Q BY T	UARRYING LEASE ISSUED TO HE 4TH RESPONDENT DATED
EXHIBIT	P2 TRUE COPY OF ISSUED BY THE 25-08-2017	THE FIRST	ENVIRONMENTAL CLEARANCE RESPONDENT , DATED
EXHIBIT	P3 TRUE COPY OF ISSUED BY THE 23-06-2017	THE FIRST	ENVIRONMENTAL CLEARANCE RESPONDENT ON
EXHIBIT	P4 TRUE COPY OF PETITIONER TO CLEARANCE BE KERALA/ENVIRON THAMPANOOR	THE REVAL FORE MENT	REQUEST MADE BY THE IDATE THE ENVIRONMENTAL THE CHAIRMAN, SEIIA AND CLIMATE CHANGE,
EXHIBIT	P5 TRUE COPY OF IN WP(C) NO. COURT.	THE J 2883	UDGMENT DATED, 19-1-2021 3/2020 OF THIS HON'BLE

Beta Granite (P) Ltd. v. the State Environment Impact Assessment Authority Kerala

Case brief

What is this about?

What did the court decide?

Beta Granite (P) Ltd. v. the State Environment Impact Assessment Authority Kerala

Case brief

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What did the court decide?

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