Dismissed

J.B. Granites, v. the State Environment Impact Assessment Authority

Kerala HC11 Aug 2023WP(C)/6024/2023

Case brief

AI extract

What is this about?

Court dismissed a writ petition seeking re-validation of an Environmental Clearance. It held that since the Division Bench previously directed transfer to the District Authority, and that Authority now ceases to exist per NGT, the petitioner must approach the Division Bench for review, not file a fresh petition.

What did the court decide?

Prayer for re-validation of Environmental Clearance dismissed; petitioner directed to approach Division Bench via review.

J.B. Granites, Vs the State Environment Impact… — Writ and Judicial Review | Kerala HC (2023)

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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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FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
WP(C) NO. 6024 OF 2023

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PETITIONER:

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J.B. GRANITES,KACHAPPILY HOUSE, PULIYANAM P.O, ANGAMALY, ERNAKULAM - 683572, REPRESENTED BY ITS MANAGING PARTNER

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SRI. K.M. JOY

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BY ADVS.
ENOCH DAVID SIMON JOEL
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI

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RESPONDENTS:

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1THE STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY, K.S.R.T.C BUS TERMINAL COMPLEX,
4TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
REPRESENTED BY ITS MEMBER SECRETARY

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2 ADDL R2. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM – 682030

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(ADDITIONAL R2 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 14-03-2023 IN WP(C)6024/2023)

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SMT. K M RESHMI, SENIOR GOVERNMENT PLEADER
SRI.M.P. SREEKRISHNAN, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.6024 of 2023

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JUDGMENT

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Dated this the 11^th day of August, 2023

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The petitioner is before this Court seeking to direct the 1^st respondent-State Environmental Impact Assessment Authority to consider and pass orders on Ext.P3 application for re-validation of Ext.P1 Environmental Clearance submitted by the petitioner in tune with Ext.P4 notification.

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Ext.P1 is a Certificate of Environmental Clearance granted by the State Environmental Impact Assessment Authority to the petitioner. A third party challenged the said Environmental Clearance Certificate and a Single Bench of this Court as per Ext.P2 judgment in W.P.(C) No.27363 of 2017 found that Ext.P1 Environmental Clearance is illegal as the competent authority to issue the Environmental Clearance is the District Environmental Impact Assessment Authority. Accordingly, Ext.P1 Environmental Clearance was set aside.

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WP(C) No.6024 of 2023

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The petitioner filed W.A. No.398 of 2018 aggrieved

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by the order of the learned Single Judge. The Division Bench disposed of the Writ Appeal as follows:

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We, therefore, dispose of this appeal, directing that the 3^rd respondent shall transfer the application made by the appellant for EC on 21.07.2015 along with its enclosures to the additional 7^th respondent, who, on receipt thereof, if satisfied that it contains all necessary particulars and documents, should obtain recommendation of the additional 8^th respondent and based on such recommendation, consider the application and pass final orders in the matter, in the light of the provisions contained in the EIA Notification 2006 and other relevant statutory provisions. It is also directed that before final orders are passed, opportunity shall be afforded to the appellant and also to respondents 1 and 2. It is directed that the 3^rd respondent shall within three weeks of receipt of this judgment, transfer the application made by the appellant, along with its enclosures to the additional 7^th respondent and the additional 7^th respondent shall complete the process, in accordance with law, at any rate, within the time prescribed in the EIA Notification 2006.

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The petitioner submits that subsequent to Ext.P5 judgment, the National Green Tribunal in O.A. No.146 of 2018 (Satendra Pandey’s case) has held that the District Environmental Impact Assessment Authority is not competent

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WP(C) No.6024 of 2023

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to process and issue Environmental Clearance. In view of the judgment of the National Green Tribunal, now the State Environmental Impact Assessment Authority has to process Ext.P3 application, contends the petitioner.

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The petitioner urged that as the DEIAA has ceased to exist, the directions in Ext.P5 judgment of the Division Bench has to be interpreted in such a manner that the present competent authority SEIAA has to take a decision in the matter.

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Counsel for the petitioner further urged that in view of Ext.P6 Office Memorandum dated 28.04.2023, even if DEIAA has granted an Environmental Clearance to the petitioner, the same Environmental Clearance would have to be reappraised by the SEIAA. In the circumstances, it is only

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just and proper that Ext.P1 issued by the SEIAA is revalidated. Though the petitioner submitted Ext.P3 application for re-validation, the respondents have not taken any decision

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WP(C) No.6024 of 2023

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thereon.

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Standing Counsel entered appearance on behalf of the 1^st respondent. The Standing Counsel submitted that

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since the direction to forward the application to the DEIAA was given by a Division Bench of this Court for any relief based on the application which was subject matter of W.A. No.398 of 2018, the petitioner will have to move the Division Bench appropriately.

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I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1^st respondent and the learned Government Pleader representing the additional 2^nd respondent.

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The petitioner was issued with Ext.P1 Environmental Clearance Certificate. A Single Bench of this Court set aside Ext.P1 holding that the issuance of Environmental Clearance by SEIAA is invalid. On the appeal filed by the petitioner, a Division Bench of this Court delivered

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WP(C) No.6024 of 2023

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Ext.P5 judgment, wherein direction was given to the SEIAA to forward the same to the DEIAA for assessment. In view of the judgment of the National Green Tribunal, the DEIAA ceased to exist. Now applications for Environmental Clearances are to be processed by the SEIAA.

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The prayer of the petitioner is to direct the SEIAA to re-validate Ext.P1 Environmental Clearance. It is to be noted that a Division Bench of this Court considered this matter and delivered Ext.P5 judgment, wherein there was a direction to the SEIAA to transfer the application made by the petitioner for Environmental Clearance on 21.07.2015 along with its enclosures to the DEIAA. If the DEIAA has ceased to exist due to subsequent events and orders of the National Green Tribunal, it would be only proper for the petitioner to approach the Division Bench by way of a review in the writ appeal. The petitioner cannot aspire to get any order based on the application dated 21.07.2015 through a fresh writ petition.

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WP(C) No.6024 of 2023

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In the circumstances, the writ petition is dismissed.

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However, it will be open to the petitioner to approach the Division Bench for any orders in this regard.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.6024 of 2023

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APPENDIX OF WP(C) 6024/2023

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`PETITIONER EXH`	`IBITS`
`Exhibit P1`	`TRUE COPY OF THE ENVIRONMENTAL`
	`CLEARANCE CERTIFICATE NO. 16/2017`
	`DATED 15.02.2017 ISSUED BY THE` `RESPONDENT.`
`Exhibit P2`	`TRUE COPY OF THE JUDGMENT DATED`
	`24.01.2018 IN WP(C) NO. 27363/2017 ON` `THE FILES OF THIS HON'BLE COURT.`
`Exhibit P3`	`TRUE COPY OF THE APPLICATION DATED NIL` `SUBMITTED BY THE PETITIONER BEFORE THE` `RESPONDENT.`
`Exhibit P4`	`TRUE COPY OF THE NOTIFICATION DATED` `12.04.2022 BEARING NUMBER S.O. 1807(E)` `ISSUED BY THE 1ST RESPONDENT`
`Exhibit P5`	`TRUE COPY OF THE JUDGMENT DATED`
	`28.02.2018 IN W.A. 398/2018 ON THE` `FILES OF THIS HON'BLE COURT.`
`Exhibit P6`	`TRUE COPY OF THE OFFICE MEMORANDUM`
	`DATED 28.04.2023 ISSUED BY THE`
	`MINISTRY OF ENVIRONMENT, FOREST AND` `CLIMATE CHANGE OF THE UNION OF INDIA`

J.B. Granites, v. the State Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

J.B. Granites, v. the State Environment Impact Assessment Authority

Case brief

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What did the court decide?

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