Disposed

Peejay Granites v. District Level Environment Impact Assessment Authority(Deiaa)

Kerala HC16 Feb 2021WP(C)/3908/2021

Case brief

AI extract

What is this about?

The Court directed the petitioner to prefer an application before the State Level Environment Impact Assessment Authority (SEIAA) within a week for re-validation of the issued Environment Clearance Certificate, following the directions of a previous judgment. The SEIAA is mandated to process the application within four months.

What did the court decide?

Directed the petitioner to approach the SEIAA for re-validation of the Environment Clearance Certificate within a week; SEIAA to decide within four months.

Peejay Granites Vs District Level Environment… — Environment and Pollution | 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.3908 OF 2021(K)

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PETITIONER:

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PEEJAY GRANITES NEETHIPURAM, ELAVAMPADAM P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING PARTNER.

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

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RESPONDENTS:

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1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY(DEIAA) REPRESENTED BY DISTRICT COLLECTOR, PALAKKAD - 678 001.

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2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC) REPRESENTED BY GEOLOGIST, PALAKKAD - 678 014.

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

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

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Govt. Pleader SRI. RAVI KRISHNAN

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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.3908 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.3908 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.3908 OF 2021(K)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF RELEVANT PAGES OF THE
	QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 29/08/2017, VALID UPTO 28/8/2029.
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 29/07/2017
	ISSUED TO THE PETITIONER, VALID FOR 5 YEARS.
EXHIBIT P2(A)	TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR ENVIRONMENTAL CLEARANCE SUBMITTED BY THE PETITIONER PROPOSING THE PROJECT LIFE/MINE LIFE OF THE QUARRY AS 11 YEARS.
EXHIBIT P3	TRUE COPY OF THE MINUTES OF THE MEETING OF 3RD RESPONDENT DATED 31/10/2014.
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 89TH MEETING OF 3RD RESPONDENT DT. 27/2/2019.
EXHIBIT P5	TRUE COPY OF JUDGMENT DT.2/11/2020 IN WP(C) NO.18929/2020 OF THIS HON'BLE COURT.
EXHIBIT P6	TRUE COPY OF THE JUDGMENT DATED 19/1/2021 IN WP(C) NO.1304/2021.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION DATED 5/2/2021 SUBMITTED BY TH PETITIONER BEFORE THE 3RD RESPONDENT SANS THE ENCLOSURES.

Peejay Granites v. District Level Environment Impact Assessment Authority(Deiaa)

Case brief

What is this about?

What did the court decide?

Peejay Granites v. District Level Environment Impact Assessment Authority(Deiaa)

Case brief

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What did the court decide?

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