Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942 WP(C).No.3610 OF 2021(A) PETITIONER: PENTA GRANITES NEETHIPURAM, ELAVAMPADAM P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING PARTNER. BY ADVS. SHRI.PHILIP J.VETTICKATTU SMT.SAJITHA GEORGE RESPONDENTS: 1 DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), REPRESENTED BY DISTRICT COLLECTOR, PALAKKAD-678 001. 2 DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC), REPRESENTED BY GEOLOGIST, PALAKKAD-678 014. 3 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, (SEIAA KERALA), REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM-695 001. 4 STATE LEVEL EXPORT APPRAISAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU, KANNAMMOOLA ROAD, OVERBRIDGE, VELAKUDI, TRIVANDRUM-695 024. BY GOVERNMENT PLEADER SRI. A RAVIKRISHNAN BY ADV.SRI.M.P.SREEKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
JUDGMENT
The petitioner has approached this Court seeking the benefit of the directions issued by this Court in the judgment dated 2.11.2020 in W.P. (C).No.17533/2020 and connected cases, whereby, this Court directed the State Environment Impact Assessment Authority [SEIAA] to consider the applications 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 applications. It is seen that while the directions were issued only in the cases that were disposed by the
judgment referred above, the petitioner herein seeks an identical relief
although it has yet to file formal application before the SEIAA, for the purposes of re-validation of the Environment Clearance certificate already obtained by it.
2. Taking note of the aforesaid facts, I deem it appropriate to dispose the writ petition also in line with the directions issued in the
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 :3: Clearance certificate already issued to it in the past. The SEIAA shall, on receipt of the said application inform the applicant of the further documents/details if any required from it for processing the application, within 2 weeks therefrom. Thereafter, on receipt of the information called for, the SEIAA shall consider the application and pass orders as directed by this Court within four months from the date of receipt of the information from the petitioner. The writ petition is disposed as above. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/11.02.2021 :4: APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE
QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 01.12.2017 VALID UPT 30.11.2027. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 07.10.2017 ISSUED TO THE PETITIONER VALID FOR 5 YEARS. EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGE OF APPLICATION FOR ENVIRONMENTAL CLEARANCE SUBMITTED BY THE PETITIONER PROPOSING THE PROJECT LIFE/MINE LIFE OF THE QUARRY AS 16 YEARS.
EXHIBIT P3 TRUE COPY MINUTES OF THE MEETING SEIAA DATED 31.10.2014. EXHIBIT P4 TRUE COPY OF THE DECISION OF THE SEAC DATED 27.02.2019. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 02.11.2020 IN WPC NO.18929/2021 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 19.01.2021 IN WPC 1304/2021 OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 05.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SANS THE ENCLOSURES. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE