Disposed

M/S Manjery Blue Metals v. State Environment Impact Assessment Authority - (Seiaa)

Kerala HC22 Feb 2021WP(C)/4396/2021

Case brief

AI extract

What is this about?

The Court disposed of the writ petition directing the petitioner to file an application before SEIAA for re-validation of the Environment Clearance Certificate. The SEIAA was directed to consider the application and pass orders within four months in line with previous judgments.

What did the court decide?

Petitioner directed to file application for re-validation of EIA certificate before SEIAA within one week. SEIAA directed to consider application and pass orders within four months.

M/S Manjery Blue Metals Vs State Environment Impact… — 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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MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

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WP(C).No.4396 OF 2021(Y)

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PETITIONER:

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M/S MANJERY BLUE METALS REPRESENTED BY ITS MANAGING PARTNER, ABDUL MAJEED, AGED 48 YEARS, S/O UMMER HAJI, AMAYOOR P.O., MANJERI VIA ERANAD TALUK, MALAAPPURAM-676 123.

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BY ADVS. SRI.T.P.SAJID SMT.SHIFA LATHEEF

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RESPONDENTS:

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1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY - (SEIAA)

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4TH FLOOR, KSRTC BUST TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM-685 001, REPRESENTED BY ITS MEMBER SECRETARY.

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2 STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), 4TH FLOOR, KSRTC BUS TERMINAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MEMBER SECRETARY

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BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.4396 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 22^nd 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 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.4396 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.4396 OF 2021(Y)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE INTEGRATED CONSENT TO
	OPERATE DATED 13.7.2020 ISSUED BY THE KERALA STATE POLLUTION BOARD TO THE PETITIONER
EXHIBIT P2	TRUE COPY OF THE LEASE AGREEMENT DATED 23.10.2017 ISSUED TO THE PETITIONER
EXHIBIT P3	TRUE COPY OF THE MINING PLAN WITHOUT ANNEXURES WHICH WAS APPROVED ON 5.3.2015 BY THE ASSISTANT GEOLOGIST MALAPPURAM DISTRICT
EXHIBIT P4	TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 30.1.2019
EXHIBIT P5	TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO 50.2016 DATED 27.4.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT P6	TRUE COPY OF THE MINUTES OF THE 34TH MEETING OF THE SEIAA HELD ON 31.10.2014
EXHIBIT P7	TRUE COPY OF THE MINUTES OF THE 89TH MEETING OF THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY DATED 27TH FEBRUARY 2019
EXHIBIT P8	TRUE COPY OF THE ORDER IN DEEPAK KUMAR AND OTHERS VS STATE OF HARYANA & OTHERS REPORTED IN 2014 IN 2012 4 SCC 629
EXHIBIT P9	TRUE COPY OF THE ORDER DATED 3.11.2020 PASSED BY THIS HON'BLE COURT IN 2WPC NO 23578/2020
EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 119.1.2021 PASSED BY THIS HON'BLE COURT IN WPC NO 1154/2021
EXHIBIT P11	TRUE COPY OF THE APPLICATION DATED 16.2.2021

M/S Manjery Blue Metals v. State Environment Impact Assessment Authority - (Seiaa)

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M/S Manjery Blue Metals v. State Environment Impact Assessment Authority - (Seiaa)

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