AMMA ROCK PRODUCTS INDIA PVT. LTD. v. DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KERALA & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941** ## **WP(C).No.6325 OF 2019(M)** ## **PETITIONER/S:** **AMMA ROCK PRODUCTS INDIA PVT.LTD, ATHANI, MULANKUNNATHUKAVU (PO), THRISSUR-680771, REPRESENTED BY ITS MANAGING DIRECTOR K.J.BAIJU, AGED 45 YEARS, S/O K.P.JOHNY.** **BY ADV. SRI.JOBI JOSE KONDODY** ## **RESPONDENT/S:** - **1 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE (PO), THIRUVANANTHAPURAM-695 004.** - **2 ADDL.R2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, ENVIRONMENT AND CLIMATE CHANGE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 ADDL.R3. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, REPRESENTED BY ITS DIRECTOR, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.** - **4 ADDL.R4. THE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS DIRECTOR (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.** - **5 ADDL.R5. THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA, KERALA), REPRESENTED BY ITS MEMBER SECRETARY, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANUR, THIRUVANANTHAPURAM-695 001.** - **6 ADDL.R6. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, BUILDING NO.27/166/13, KOVILAKATHUMPADAM, CHEMBUKKAVU, THRISSUR-680 020. IS IMPLEADED AS ADDITIONAL R2 TO R6 AS PER ORDER DATED 08.03.2019 IN IA NO.2/2019 OF WP(C) 6325/2019.** **WP(C).No.6325 OF 2019(M)** **2** **R1 BY GOVERNMENT PLEADER** **R3-4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R3-4 BY SRI.K.R.RAJKUMAR, C.G.C. R6 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6325 OF 2019(M)** **3** ## **JUDGMENT** The petitioner has approached this Court seeking directions to the respondents to grant quarrying lease for mining building stones without insisting for NOC from the National Board of Wild Life. The writ petition can be disposed in the light of the directions passed in W.P.(C) No.26431/2019 and other connected petitions (2020 (1) KLT 109). The directions contained therein were issued in terms of the interim orders as well as judgments rendered by the Supreme Court in **Goa Foundation v. Union of India** [(2011) 15 Supreme Court Cases 793] as well as **Goa Foundation v. Union of India and others** [(2014) 6 supreme Court cases 590] and the case of the petitioner is also falling within the aforementioned parameters. Accordingly, I dispose of the writ petition with similar directions as contained in the judgment of this Court cited supra, which is as under:- **WP(C).No.6325 OF 2019(M)** **4** a) The Government of Kerala will forthwith and within a period of fifteen days from the date of receipt of a copy of this judgment forward the Environmental Clearances, along with all other necessary papers, to the MoEF. If, for any reason, the necessary papers are found wanting, the Government will be at liberty to seek such from the State Environment Impact Assessment Authority (SEIAA), who will make the same available without any delay. I also leave liberty to the petitioner to make available his papers before the competent authority of the Government, which is stated to be the Secretary, Environment Department, for such purpose. I make it clear that the intent of this Court is that there shall be no delay in forwarding the papers and that the Government will be obligated to do so within the period granted herein, without seeking any further extension of time. b) On the files as ordered above reaching the MoEF, they will be obligated to place it before the Standing Committee within a period of one week from the date on which it is received, so as to enable the said authority to take a decision in terms of the directions of **WP(C).No.6325 OF 2019(M)** **5** the Hon'ble Supreme Court. c) The Standing Committee, on receiving the files as per the afore directions, will immediately process the files and make their recommendations, as per the interim order of the Hon'ble Supreme Court in Goa Foundation ((2011) 15 SCC 793) and this shall be done not later than two months from the date on which they receive the files from the MoEF. d) The afore directions having been issued, I must also clarify that the stop memos issued by the Geologists will remain in force only during the period that I have fixed above and if there is any delay by any authority, be that the Government of Kerala or the MoEF or the Standing Committee, in complying with the afore directions, on the expiry of the cumulative period mentioned above, the said memos issued by the Geologists will become inoperative and the petitioner will, thereupon, be entitled to commence his activities as per the Environmental Clearances and the Mining Leases obtained by him. Needless to say, if, during the aforementioned period, the final notification is issued by the MoEF under the **WP(C).No.6325 OF 2019(M)** **6** provisions of the Environment (Protection) Act, 1986 with respect to the Eco Sensitive Zones in Kerala, the interdiction as ordered above will stand vacated from that date and the petitioner will be entitled to operate his quarries depending upon the said notification and as per the stipulations therein. e) By way of a further clarification, I order that the afore directions and the operation of the stop memos will be only with respect to the petitioner's quarrying activities and that the operation of the stone crusher units, if any, as long as they are done in compliance with all necessary imperative and statutory conditions and as long as the raw material for the same is from other sources and not from the quarries in question, will not be covered by him, thereby to mean that he can continue to operate them, notwithstanding the stop memos issued by the Geologists, subject to further orders to be issued by the Standing Committee.“ Since the petitioner submits that his application for mining lease has also been kept pending by the Government of Kerala on account of the Office **WP(C).No.6325 OF 2019(M) 7** Memorandum, I direct the competent authority to process the said application but clarifying that they will not grant the Mining Lease, until the proceedings as afore is completed or the period fixed as above expires. ## **Sd/-** sab **AMIT RAWAL JUDGE** **WP(C).No.6325 OF 2019(M)** **8** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** **A TRUE COPY OF THE LETTER OF INTENT DATED 16.5.2017 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.** - **EXHIBIT P2** - **A TRUE COPY OF THE FORM LE-3 LICENSE DATED 10.2.2014 RENEWED AND VALID UPTO 31.3.2020 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.** - **EXHIBIT P3 A TRUE COPY OF THE D & O LICENSE DATED 4.2.2019 ISSUED BY THE SECRETARY, THEKKUMKARA GRAMA PANCHAYAT TO THE PETITIONER.** - **EXHIBIT P4 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 7.12.2018 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, THRISSUR TO THE PETITIONER.** **EXHIBIT P5 A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY DATED 6.1.2019 VALID UPTO 30.11.2023 ISSUED BY THE** - **ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR TO THE PETITIONER.** - **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 19.2.2019 ISSUED BY THE RESPONDENT TO THE PETITIONER.** - **EXHIBIT P7 A TRUE COPY OF THE STATUS OF ESZ NOTIFICATIONS PUBLISHED BY THE MINISTR OF ENVIRONMENT, FOREST AND CLIMATE CHANGE WITHOUT DATE.** - **EXHIBIT P8 A TRUE COPY OF THE DRAFT NOTIFICATION DATED 3.3.2016 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE PRESCRIBING THE ECOLOGICALLY SENSITIVE ZONE OF PEECHI-VAZHANI WILD LIFE SANCTUARY.** **WP(C).No.6325 OF 2019(M)** **9** - **EXHIBIT P9** **A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN WPC NO.38229 OF 2018 PENDING ON THE FILES OF THIS HONOURABLE COURT.** - **EXHIBIT P10 A TRUE COPTY OF THE DRAFT NOTIFICATION DATED 28.8.2017 PUBLISHED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMAT CHANGE FOR MANGALAVANAM BIRD SANCTUARY.** - **EXHIBIT P11 A TRUE COPY OF THE INFORMATION ISSUED BY THE GEOLOGIST, THRISSUR AND THE GEOLOGIST, PALAKKAD TO MR. PARTHASARATHY DATED 27.04.2019.** - **EXHIBIT P12 A TRUE COPY OF THE APPLICATION SUBMITTED BY MR. PARTHASARATHY UNDER THE RIGHT TO INFORMATION ACT BEFORE THE GEOLOGIST, THRISSUR DATED 28.05.2019.** - **RESPONDENT'S/S EXHIBITS:** - **ANNEXURE 4(A)** **THE TRUE COPY OF THE LETTER NO. L- 11011/7/2004-IA II (I) (PART) DATED 27-2-2007** - **ANNEXURE R4(B) THE TRUE COPY OF THE LETTER NO. J- 11013/41/2006-IA II(I) DATED 2-122009** - **ANNEXURE R4(C) THE TRUE COPY OF THE LETTER NO. 1- 20/2004/WL (PT) DATED 1-5-2015** **ANNEXURE R4(D) THE TRUE COPY OF THE LETTER F.NO. 6- 74/2012 WL (PT) DATED 10-04-2015**