M/S Concrete Aggregates Industries v State Environment Impact Assessment Authority (SEIAA) Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 8[TH] DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WP(C) NO. 21395 OF 2023`** ## **`PETITIONER/S:`** ``` M/S.CONCRETE AGGREGATES INDUSTRIES, KUMMANODU, PATTIMATTOM P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, REJI M.KURIAKOSE BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH ``` ## **`RESPONDENT/S:`** - `1 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, (SEIAA KERALA), 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM , PIN - 695001 REPRESENTED BY ITS MEMBER SECRETARY` - `2 STATE LEVEL EXPERT APPRAISAL COMMITTEE, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THIRUVANANTHAPURAM , PIN - 695001 REPRESENTED BY ITS CHAIRMAN` - `3 THE DIRECTOR, MINING & GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM PALACE P.O., TRIVANDRUM, PIN - 695001` - `4 THE DISTRICT GEOLOGIST,ERNAKULAM, MINING & GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030` - `5 THE KERALA STATE POLLUTION CONTROL BOARD, HEAD OFFICE, PATTOM P.O., TRIVANDRUM , PIN – 695004 REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER` - `6 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM - II, PERUMBAVOOR, NEAR KALLUNKAL AUDITORIUM, PERUMBAVOOR, REPRESENTED BYTHE ENVIRONMENTAL ENGINEER, PIN – 683545` ``` WP(C) NO. 21395 OF 2023 2 ``` ``` 7STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695001 SRI. M P. SREEKRISHNAN, SC SRI. KANNAN S., SR. GP SRI. T NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 21395 OF 2023 3 ``` ## **`JUDGMENT`** The petitioner is a registered partnership firm engaged in the activity of granite quarrying on the basis of mining leases obtained from the Government of Kerala. The quarry of the petitioner, which is the subject matter of the present writ petition, was operating on the basis of a mining lease issued under the erstwhile Kerala Minor Mineral Concession Rules, 1967, which lease was for the period from 17.05.2006 till 16.05.2018. The lease granted to the petitioner was over an extent of 1.2121 hectares of land comprised in Sy. Nos.420/3, 420/4 and 420/1-2 of Pattimattom village, Kunnathunadu Taluk, Ernakulam district. The question as to whether persons like the petitioner were required to obtain an environmental clearance in terms of the Environmental Impact Assessment Notification, 2006 and following the directions issued by the Supreme Court in **Deepak Kumar & ors v. State of Haryana & ors (2012) 4 SCC 629** and Office Memorandum No.L-11011/47/2011IA.II(M)dated 18.05.2012 was considered by a Division bench of this Court in **All India River Protection Council V. State of Kerala and Others, 2015(2) KLT 78.** It was held that persons who had obtained a mining lease prior to 18.05.2012 in respect to an area less than 5 hectares are not required to obtain an ``` WP(C) NO. 21395 OF 2023 4 ``` environmental clearance under the EIA Notification, 2006. The Supreme Court dismissed, as withdrawn, a Special Leave Petition filed against the judgment of this Court. The petitioner also obtained Ext.P14 interim order (in W.P.(C.) No.29474 of 2017) from this Court on the basis of the judgment in **All India River Protection Council (supra)** and had been continuing its mining operations, without any environmental clearance, till 16.05.2018. 2. According to the petitioner, it had later obtained a Letter of Intent from the Government of Kerala for a fresh mining lease, and it made an application to the 1[st] respondent for environmental clearance since such environmental clearance was clearly required in respect of all mining leases, issued or proposed to be issued after 18.05.2012. The petitioner has approached this Court, being aggrieved by the fact that while considering its application for environmental clearance, the 1[st] respondent has made some observations regarding the mining activities carried on earlier by the petitioner as the present application also covers certain areas which were part of the earlier mining lease granted to the petitioner. It is the case of the petitioner that those observations/recommendations are made without considering the fact that the petitioner had ``` WP(C) NO. 21395 OF 2023 5 ``` carried on operations till 16.05.2018 on the basis of a mining lease in respect of which environmental clearance was not required and also on the basis of Ext.P14 interim order of this Court in W.P.(C.) No.29474 of 2017. 3. Sri. M P. Sreekrishnan, the learned counsel appearing for the 1[st] respondent, would submit that, following notification No.S.O.141(E) dated 15.01.2016 of the Ministry of Environment, Forest and Climate Change and the judgment of the National Green Tribunal in O.A. No.244 of 2017 (which order was also upheld by the Supreme Court by dismissing Civil Appeal No.4643 of 2021) even in respect of the leases issued prior to 18.05.2012, environmental clearance became mandatory. Learned counsel submits that even if the case of the petitioner that environmental clearance was not necessary in respect of its mining activities up to 16.05.2018 is accepted, the recommendations/decisions in Ext.P5, in so far as it pertains to the petitioner, cannot be faulted. However, it is not disputed that the petitioner was not heard before those recommendations/decisions were made. 4. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the 1[st] respondent and the learned counsel appearing for the Kerala ``` WP(C) NO. 21395 OF 2023 6 ``` State Pollution Control Board and in the background of the entire facts and circumstances of the case, I am of the opinion that the petitioner can be permitted to file its objections to the decisions of the 1[st] respondent (as reflected in Ext.P5 as item No.125.17) and thereafter, a decision can be taken in the matter, after affording to the petitioner an opportunity of hearing. It will be open to the petitioner to point out any order or judgment that it may have obtained regarding its mining activities up to 16.05.2018 before the 1[st] respondent, who shall consider the same while taking a decision on the objections to be filed by the petitioner, as directed above. In the light of the above direction, P5 shall be treated as a preliminary finding or a tentative decision, and a final decision on the matter will be taken after hearing the petitioner as directed above and considering the objections raised by the petitioner. The writ petition ordered accordingly, making it clear that I have not expressed an opinion on the merits of the contentions taken by both sides. **Sd/-** **GOPINATH P.** , **JUDGE** ajt ``` WP(C) NO. 21395 OF 2023 7 ``` ## **`APPENDIX OF WP(C) 21395/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`APPLICATION FOR ENVIRONMENTAL CLEARANCE`| ||`SUBMITTED BY THE PETITIONER DATED NIL`| |`Exhibit P2`|`TRUE COPY OF THE RELEVANT PAGES OF MINING`| ||`PLAN, DATED 08-03-2020`| |`Exhibit P3`|`TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`MINUTES OF 139 TH MEETING OF THE 2 ND`| ||`RESPONDENT HELD ON 3 RD TO 4 TH MARCH, 2023`| |`Exhibit P4`|`TRUE COPY OF THE REPRESENTATION DATED 24-3-`| ||`2023 SUBMITTED BY THE PETITIONER BEFORE THE`| ||`1 ST RESPONDENT DATED 24-03-2023`| |`Exhibit P5`|`TRUE COPY OF THE RELEVANT PAGES OF 125 TH`| ||`MEETING OF 1 ST RESPONDENT HELD ON 28 TH AND`| ||`29 TH MARCH, 2023`| |`Exhibit P6`|`TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`QUARRY LEASE WITH RESPECT TO THE ABOVE AREA`| ||`DATED 17-05-2006`| |`Exhibit P7`|`TRUE COPY OF THE RENEWED LICENSE ISSUED BY`| ||`THE LOCAL GRAMA PANCHAYAT FOR THE PERIOD`| ||`2017 - 2018 DATED 04-04-2017`| |`Exhibit P8`|`TRUE COPY OF THE CONSENT TO OPERATE ISSUED`| ||`BY THE POLLUTION CONTROL BOARD, WHICH WAS`| ||`DATED 16-12-2015 VALID UPTO 16-5-2018`| |`Exhibit P9`|`TRUE COPY OF THE RELEVANT PAGE OF THE`| ||`APPROVED MINING PLAN WITH RESPECT TO EXT.P6`| ||`LEASE DATED 29-02-2016`| |`Exhibit P10`|`TRUE COPY OF THE CERTIFICATE OF REGISTRATION`| ||`ISSUED IN RESPECT OF THE METAL CRUSHER UNIT`| ||`FOR THE PERIOD 2017 - 2018 DATED 23-03-2017`| |`Exhibit P11`|`TRUE COPY OF THE ORDER DATED 2-12-2016,`| ||`PASSED BY THE HON'BLE SUPREME COURT`| |`Exhibit P12`|`TRUE COPY OF THE NOTICE DATED2-09-2017 TRUE`| ||`COPY OF THE NOTICE ISSUED BY THE DISTRICT`| ||`GEOLOGIST ERNAKULAM DATED 2-09-2017`| |`Exhibit P13`|`TRUE COPY OF THE CIRCULAR DATED 19-12-2016`| ||`ISSUED BY THE DIRECTOR OF MINING & GEOLOGY`| |`Exhibit P14`|`TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`NO.29474/2017 DATED 18-09-2017`| |`Exhibit P15`|`TRUE COPY OF THE LETTER OF INTENT BEARING`| ||`NO.521/M3/2022 DATED 16-06-2023`| |`Exhibit P16`|`TRUE COPY OF THE JUDGMENT IN`| ||`WP(C)NO.8898/2017 DATED 16-03-2017`| ``` WP(C) NO. 21395 OF 2023 8 ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R1(a)A true copy of the Judgment, dated 27.05.2021 in OA 244 of 2017(SZ) Exhibit R1(b)A true copy of the Order, dated 16.08.2021 in Civil Appeal No.4643 of 2021 Exhibit R1(c)A True copy of the Interim Order, dated 15.06.2022 in WP(C) No. 13221 of 2022 Exhibit R1(d)A true copy of the order, dated 24.03.2023 in SLA(C) 5563 of 2023 Exhibit R1(e)A true copy of the Order, dated 31.03.2023 in WP(C) 13221 of 2022 ```