Disposed

A.D.John v. the State Environmental Impact Assessment Authority - Seiaa

Kerala HC17 Aug 2022WP(C)/22223/2022

Case brief

AI extract

What is this about?

Writ petition by a granite quarry owner seeking direction to the 1st respondent to decide his extension application. Court directed the respondent to take a final decision within two months, noting the need to consider a central ministry notification.

What did the court decide?

Directed the 1st respondent to take a final decision on the application for extension of Environmental Clearance within a period of two months.

A.D.John Vs the State Environmental Impact… — Civil Procedure and Limitation | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 17TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944
WP(C) NO. 22223 OF 2022

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PETITIONER

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A.D.JOHN
AGED 55 YEARS

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PUTHENVEETIL HOUSE, PERUMBRAMAVU P.O., KEEZHVAIPOOR,
MALLAPPALLY, PATHANAMTHITTA, PIN- 689587.

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BY ADVS.
P.CHANDRASEKHAR
K.K.MOHAMED RAVUF
C.RAMAN

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RESPONDENTS:

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1THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY -
SEIAA

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KERALA , REPRESENTED BY ITS MEMBER SECRETARY,
KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANNUR,
THIRUVANANTHAPURAM, PIN 695001.

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2THE STATE LEVEL EXPERT APPRAISAL COMMITTEE,
THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
(SEIAA, KERALA), KSRTC BUS TERMINAL. COMPLEX, 4TH FLOOR,
THAMPANNUR, THIRUVANANTHAPURAM, PIN 695001.
REPRESENTED BY ITS MEMBER SECRETARY.

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SRI.M.P SREEKRISHNAN (SC) R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.22223 OF 2022

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JUDGMENT

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Dated this the 17^th day of August, 2022

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The petitioner is conducting a Granite Quarry as per lease granted by the Government of Kerala. The petitioner would state that the quarrying lease is valid upto 31.10.2023. The petitioner has been granted Environmental Clearance (EC) for the Quarry. Before the expiry of the period of Environmental Clearance, the petitioner submitted application for extension. The application was submitted on 29.12.2020.

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The petitioner states that the proposal for extension

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of EC was placed before the meeting of the SEIAA held on 24^th to 27^th August, 2021. In the meanwhile, the Environmental Clearance was extended by one year in view of the Covid-19 pandemic. Thereafter, the petitioner was required to appear before the authorities for presentation of the application. The petitioner appeared and made his presentation. However, so far the 1^st respondent has not taken a final decision in the matter.

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WP(C) NO.22223 OF 2022

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The petitioner therefore prays that the respondents be directed

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to consider the application of the petitioner for extension of Environmental Clearance within a time frame.

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Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel submitted that the proposal of the petitioner was considered in the 129^th and 130^th meeting of SEIAA. The petitioner was required to make available certain documents. The petitioner has submitted such documents. The matter was again placed before the 131^st meeting of SEIAA. The 1^st respondent expects that they will be able to take a final decision in the matter, within a period of two months.

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In view of the submission made as above, this Court is of the considered view that the writ petition can be disposed of directing the 1^st respondent to take a final decision on the application submitted by the petitioner for extension of Environmental Clearance, within a period of two months.

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WP(C) NO.22223 OF 2022

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In such circumstances, the writ petition is disposed of directing the 1^st respondent to take a final decision on the application submitted by the petitioner for extension of Environmental Clearance, within a period of two months. The applicant has a case that Ext.P22 Notification dated 12.04.2022 issued by the Ministry of Environment, Forest and Climate Change would apply to the petitioner’s application. This is an issue to be considered by the 1^st respondent while taking a decision on the application.

N.NAGARESH

JUDGE

hmh

WP(C) NO.22223 OF 2022

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APPENDIX OF WP(C) 22223/2022

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`PETITIO` `Exhibit` `Exhibit`	`NER EXHI` `P1` `P2`	`BITS` `COPY OF QU` `GOVERNMENT` `TRUE COPY` `32/2016 DA` `RESPONDENT`	`ARRY LEASE GRANTED BY THE` `IN FAVOUR OF THE PETITIONER` `OF ENVIRONMENT CLEARANCE NO.` `TED 05.03.2016 GRANTED BY 1ST` `TO THE PETITIONER.`
`Exhibit`	`P3`	`TRUE COPY` `KATTANGAL` `PETITIONER`	`OF LICENSE ISSUED BY` `GRAMA PANCHAYATH TO THE`
`Exhibit`	`P4`	`TRUE COPY` `EXPLOSIVE` `ISSUED BY` `EXPLOSIVES` `PETITIONER`	`OF THE RENEWAL LETTER OF` `LICENSE , DATED 21.01.2019` `DEPUTY CHIEF CONTROLLER OF` `, ERNAKULAM TO THE` `.`
`Exhibit`	`P5`	`TRUE COPY` `LETTER OF` `ISSUED BY` `EXPLOSIVES` `LICENCE.`	`OF EXPLOSIVE OF RENEWAL` `LICENSE DATED 29.06.2018` `DEPUTY CHIEF CONTROLLER OF` `, ERNAKULAM ALONG WITH`
`Exhibit`	`P6`	`TRUE COPY` `ISSUED TO` `BOARD OF M`	`OF MINING MATE'S CERTIFICATE` `SRI A VISHNU BY CHAIRMAN,` `INING EXAMINATIONS`
`Exhibit`	`P7`	`TRUE COPY` `BETWEEN PE`	`OF AGREEMENT DATED 02.11.2020` `TITIONER AND SRI A VISHNU`
`Exhibit`	`P8`	`TRUE COPY` `OPERATE/ R` `ISSUED BY` `POLLUTION`	`OF INTEGRATED CONSENT TO` `ENEWAL DATED 18.02.2021` `ENV ENGINEER, KERALA STATE` `CONTROL BOARD.`
`Exhibit`	`P9`	`TRUE COPY` `30.6.2022` `TO THE KER` `BOARD.`	`OF THE APPLICATION DATED` `SUBMITTED BY THE PETITIONER` `ALA STATE POLLUTION CONTROL`
`Exhibit`	`P10`	`TRUE COPY` `OF 113TH M`	`OF RELEVANT PAGE OF MINUTES` `EETING OF THE 1ST RESPONDENT.`
`Exhibit`	`P11`	`TRUE COPY` `08.06.2022` `PATHANAMTH`	`OF THE CERTIFICATE DATED` `OF THE GEOLOGIST,` `ITTA`
`Exhibit`	`P12`	`TRUE COPY` `OF THE 129` `RESPONDENT`	`OF RELEVANT OF PAGES MINUTES` `TH MEETING OF THE 1ST` `.`

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WP(C) NO.22223 OF 2022

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6

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`Exhibit P13`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `2020 MARCH 2021 S` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR OCTOBER` `UBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P14`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `TO SEPTEMBER 2019` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR APRIL 2019` `SUBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P15`	`TTRUE COPY OF THE` `YEARLY COMPLIANCE` `TO SEPTEMBER 2018` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR APRIL 2018` `SUBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P16`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `TO SEPTEMBER 2020` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR APRIL 2020` `SUBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P17`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `TO SEPTEMBER 2021` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR APRIL 2021` `SUBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P18`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `2021 TO MARCH 202` `PETITIONER BEFORE`	`FACING PAGE OF HALF` `REPORT FOR OCTOBER` `2 SUBMITTED BY THE` `THE 1ST RESPONDENT.`
`Exhibit P19`	`TRUE COPY OF THE` `YEARLY COMPLIANCE` `FROM SEPTEMBER 20` `SUBMITTED BY THE` `1ST RESPONDENT.`	`FACING PAGE OF HALF` `REPORT FOR THE PERIOD` `16 TO MARCH 2017` `PETITIONER BEFORE THE`
`Exhibit P20`	`TRUE COPY OF THE` `MINING PLAN SUBMI` `BEFORE THE 1ST RE` `HECTARES.`	`FACING PAGE OF THE` `TTED BY THE PETITIONER` `SPONDENT FOR 4.07.31`
`Exhibit P21`	`TRUE COPY OF THE` `MINING PLAN FOR 2` `SUBMITTED BY THE` `1ST RESPONDENT.`	`FACING PAGE OF THE` `.6794 HECTARES OF LAND` `PETITIONER BEFORE THE`
`Exhibit P22`	`TRUE COPY OF THE` `12/04/2022 OF THE` `ENVIRONMENT, FORE` `GOVERNMENT OF IND`	`NOTIFICATION DATED` `MINISTRY OF` `ST AND CLIMATE CHANGE,` `IA.`

A.D.John v. the State Environmental Impact Assessment Authority - Seiaa

Case brief

What is this about?

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A.D.John v. the State Environmental Impact Assessment Authority - Seiaa

Case brief

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What did the court decide?

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