James Jacob vs State Environmental Impact Assessment Authority

Type Court Judgment Court Kerala Decided Feb 04, 2022

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Citation: sooperkanoon.com/1444433
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 04, 2022
Case Number: WP(C)/2055/2022

Parties & Advocates

Appellant / Petitioner

James Jacob

Respondent

State Environmental Impact Assessment Authority

Excerpt

.....of 2022 2judgmentthis writ petition is filed seeking the following reliefs:- i. to declare that the construction mentioned in ext p6 and ext p7 does not require environmental clearance. ii. issue a writ of mandamus or any other appropriate writ,order or direction directing the 2 nd respondent to considerand pass orders on ext p8 expeditiously, dehors the proceedings before the 1st respondent. iii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to issue necessary o(a) forms/ transit passes to the petitioner.”2. heard the learned counsel for the petitioner and the learned government pleader.3. it is submitted by the learned counsel for the petitionerthat the petitioner has obtained exts.p6 and p7 building permit and development permit for construction of a commercial building. the property belongs to the petitioner having an extent of 80.50 ars in block no.24 re.sy no.121/10 (sy no.218/1/1/3) of vazhakulam village in kunnathunad taluk in ernakulam wp(c) no. 2055 of 2022 3 district. the petitioner has also submitted an application for environmental clearance on the understanding that the same will be necessary for extracting ordinary earth. however, it is submitted that it has now been authoritatively held by this court that environmental clearance is not required where extraction of earth is for the construction of a building having an extent of less than 20,000 sq.mtr. it is submitted that since the petitioner has obtained a building permit for construction of a building having an area much less than 20,000 sq.mtr, there is no requirement for environmental clearance. the learned counsel for the petitioner submits that in the light of exts.p6 and p7, the application submitted by the petitioner before the 2 nd respondent - geologist for permission to remove ordinary earth and for transit passes is to be considered, in accordance with law.4. the learned government pleader submits that a siteinspection has.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 WP(C) NO. 2055 OF 2022 PETITIONER: JAMES JACOB AGED 66 YEARS S/O P.J. CHAKKAPPAN, PARACKAL HOUSE, NAZRATH ROAD, ALUVA, ERNAKULAM-683 101 BY ADV MANOJ P.KUNJACHAN RESPONDENTS: 1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS ADMINISTRATOR, PALLIMUKKU-KANNAMMOOLA ROAD, OVER BRIDGE, VELAKUDI, THIRUVANANTHAPURAM, KERALA-695 024. 2 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE, KAKKANADU, ERNAKULAM DISTRICT, PIN-682 030. OTHER PRESENT: SMT PRINCY XAVIER-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2055 OF 2022 2

JUDGMENT

This writ petition is filed seeking the following reliefs:- i. To declare that the construction mentioned in Ext P6 and Ext P7 does not require Environmental Clearance. ii. Issue a writ of mandamus or any other appropriate writ,

order or direction directing the 2 nd respondent to consider

and pass orders on Ext P8 expeditiously, dehors the proceedings before the 1st respondent. iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to issue necessary O(A) forms/ transit passes to the petitioner.”

2. Heard the learned counsel for the petitioner and the learned Government pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has obtained Exts.P6 and P7 Building Permit and Development Permit for construction of a commercial building. The property belongs to the petitioner having an extent of 80.50 Ars in Block No.24 Re.Sy No.121/10 (Sy No.218/1/1/3) of Vazhakulam Village in Kunnathunad Taluk in Ernakulam WP(C) NO. 2055 OF 2022 3 District. The petitioner has also submitted an application for Environmental Clearance on the understanding that the same will be necessary for extracting ordinary earth. However, it is submitted that it has now been authoritatively held by this court that environmental clearance is not required where extraction of earth is for the construction of a building having an extent of less than 20,000 Sq.mtr. It is submitted that since the petitioner has obtained a building permit for construction of a building having an area much less than 20,000 Sq.mtr, there is no requirement for Environmental Clearance. The learned counsel for the petitioner submits that in the light of Exts.P6 and P7, the application submitted by the petitioner before the 2 nd respondent - Geologist for permission to remove ordinary earth and for transit passes is to be considered, in accordance with law.

4. The learned Government Pleader submits that a site

inspection has been carried out by the Village Officer. In the above view of the matter, there will be a direction to the 2nd respondent to take up Ext.P8 application submitted by the WP(C) NO. 2055 OF 2022 4 petitioner for permission to remove ordinary earth and for transit passes will be considered in accordance with law, after considering all relevant aspects of the matter, taking note of Exts.P6 and P7 within a period of six weeks from the date of receipt of a copy of this judgment. In view of the contentions of the petitioner, it is made clear that further proceedings on the application for Environmental Clearance submitted by the petitioner need not be proceeded with. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 2055 OF 2022 5 APPENDIX OF WP(C) 2055/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 30.5.2019 BEFORE DIEAA ERNAKULAM Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF 114TH MEETING OF THE SEAC Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF 105TH MEETING OF THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 4.10.2021 EVIDENCING APPROVAL OF MINING PLAN Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 6.10.2021 Exhibit P6 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE SECRETARY, VAZHAKKULAM GRAMA PANCHAYATH DATED 23.2.2021 Exhibit P7 A TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE SECRETARY, VAZHAKKULAM GRAMA APANCHAYATH DATED 23.2.2021 Exhibit P8 A TRUE COPY OF THE APPLICATION DATED 1.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE CHALAN DATED 1.3.2021

Same Court & Year Kerala · 2022 Same Parties James Jacob vs State Environmental Impact Assessment Authority Same Judge Honourable Mrs. Justice Anu Sivaraman