Disposed

P a Nishad v. State of Kerala

Kerala HC8 Feb 2021WP(C)/740/2021

Case brief

AI extract

What is this about?

The petitioner challenged an order rejecting his application for earth excavation. The court directed the respondent to re-examine the application in light of a subsequent government notification exempting certain linear projects, quashed the impugned order, and set a three-week timeframe for disposal.

What did the court decide?

Quashed Ext.P3 order; directed 2nd respondent to pass orders within three weeks on fresh application.

P a Nishad Vs State of Kerala — 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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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WP(C).No.740 OF 2021(N)

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PETITIONER:

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P A NISHAD AGED 41 YEARS MANGING PARTNER, M/S. P A CONSTRUCTIONS, SANTHIPURAM, KODUNGALUR, ERNAKULAM DISTRICT, 682 025.

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BY ADV. SRI.BINU PAUL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001.

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2 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM, CIVIL STATION, KAKKANAD KOCHI 682 030.

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By GOVERNMENT PLEADER SRI.A RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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:2:

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W.P(C).No.740 of 2021

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JUDGMENT

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The petitioner has approached this Court impugning Ext.P3 order passed by the 2^nd respondent that rejects an application seeking permission to excavate and transport ordinary earth from property covered by Ext.P2 environment clearance certificate. In the Writ Petition, it is the case of the petitioner that after the rejection of the application preferred by the petitioner by Ext.P3 order, Ext.P4 notification was issued by the Government of India, whereby, prior environment clearance has been exempted for linear projects like roads, pipelines etc. It is the specific case of the petitioner that his project would come under the ambit of the exemption envisaged in Ext.P4 notification, and hence, his application would require a fresh consideration.

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The learned Government Pleader would submit, on instructions, that there is no fresh application preferred by the petitioner giving details of the projects so as to enable the respondents to consider the request in the light of Ext.P4 notification. Taking note of the said

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W.P(C).No.740 of 2021

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submission of the learned Government Pleader, on instructions, I deem it appropriate to dispose the Writ Petition by directing that if the petitioner prefers a fresh application for permission to excavate and transport ordinary earth giving details that would enable the respondents to consider the applicability of Ext.P4 notification to the case of the petitioner, then the 2^nd respondent shall within a period of three weeks from the date of receipt of the said application from the petitioner consider and pass orders on the same in accordance with law. The order to be passed by the 2^nd respondent shall contain reasons for the decision taken by him. To enable the 2^nd respondent to do so, I quash Ext.P3 order. The petitioner shall produce copy of the writ petition together with a copy of this judgment before the 2^nd respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

JUDGE

mns/08.02.2021

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W.P(C).No.740 of 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 29.08.2015 ISSUED BY M/S. SK CONSTRUCTIONS, ERNAKULAM.

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EXHIBIT P2 TRUE COPY OF THE ENVIRONMENT CLEARANCE NO. 55/2017 NO. P/3119/2017 DIA/KL/MIN/5914 /2017 DATED 09.01.2018.

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EXHIBIT P3 TRUE COPY OF THE ORDER NO. D O E / 131/E2/18 DATED 8.11.2018 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE NOTIFICATION S.O. 1224(E0 DATED 28.03.2020 ISSUED BY THE JOINT SECRETARY, MOEF AND C.C GOVT. OF INDIA.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

P a Nishad v. State of Kerala

Case brief

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P a Nishad v. State of Kerala

Case brief

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