Shinto Abraham v. Director of Mining and Geology Directorate, et al.

## **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.38229 OF 2018(C)** ## **PETITIONER/S:** **SHINTO ABRAHAM AGED 48 YEARS** **S/O ABRAHAM ISSAC, ILLICKAL HOUSE NO.B/2, INDIRA NAGAR, DEVALOKAM, KOTTAYAM-686 004.** **BY ADVS. SRI.K.ANAND SRI.BENNY ANTONY PAREL SRI.T.M.MUHAMED HAFEES** ## **RESPONDENT/S:** **1 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM-695004.** - **2 ADDL.R2.MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE,** **INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI - 110003. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 06/06/2019 IN IA.NO.1/2019 IN WPC 38229/2018.** - **3 ADDL.R3.STATE OF KERALA, REPRESENTED BY IS SECRETARY, ENVIRONMENT AND CLIMATE CHANGE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001** **4 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-110003.** - **5 THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) KERALA** **REPRESENTED BY ITS MEMBER SECRETARY, K.S.R.T.C. BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695001.** **WP(C).No.38229 OF 2018(C)** **2** **6 ADDL.R6.KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, BUILDING NO.27/166/13, KOVILAKATHUMPADAM, CHEMBUKKAVU, THRISSUR - 680020. ADDL. R3 TO ADDL. R6 ARE IMPLEADED AS PER ORDER DATED 18.06.2019 IN IA 2/2019 IN WPC NO. 38229/2018.** **R1 BY SRI.S.KANNAN, GOVERNMENT PLEADER R2 BY SRI.KRISHNADAS P.NAIR, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.38229 OF 2018(C)** **3** ## **JUDGMENT** The petitioner has approached this Court seeking directions to the respondent to process Ext.P6 application for grant of quarrying lease. 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:- “a) Since the petitioner asserts that he is in possession of a mining lease prior to 18.05.2012 and therefore, not being obligated to obtain an Environmental clearance, the Government is **WP(C).No.38229 OF 2018(C)** **4** directed to open a file in his name containing all other relevant documents, including the Mining Lease; and forward it to the Ministry of Environment, Forest and Climate Change-recording therein that the petitioner has not obtained an Environmental Clearance for this reason-within fifteen days from the date of receipt of a copy of this judgment. If, for any reason, any other germane documents are found wanting, the Government will be at liberty to ask the petitioner to make available all such before the Secretary, Environment Department, so that there will be no delay in forwarding the same by the Government within the period granted above without seeking further extension of time. b) 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 **WP(C).No.38229 OF 2018(C)** **5** 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. c) 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 the Hon'ble Supreme Court. d) 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. e) 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 **WP(C).No.38229 OF 2018(C)** **6** 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 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. f) 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 **WP(C).No.38229 OF 2018(C)** **7** further orders to be issued by the Standing Committee.” In addition to the directions already issued by the Court, I direct the competent authority to process Ext.P6 application for quarrying lease preferred by the petitioner. But it do not tantamount to granting of the mining licence until the proceedings as aforesaid is completed or the period fixed as above expires. ## **Sd/-** **AMIT RAWAL** sab **JUDGE** **WP(C).No.38229 OF 2018(C)** **8** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ORDERS B1-17435/2017/DEIAA/TSR DATED 29.5.2018. EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT NO.5550/M3/2017 ISSUED BY THE RESPONDENT DATED 30.8.2017.** **EXHIBIT P3 TRUE COPY OF THE RENEWED EXPLOSIVE LICENSE NO.E/SC/KL/22/1450(E67693)DATED 23.5.2018.** **EXHIBIT P4 TRUE COPY OF THE CONSENT NO.PCB/DO/TSR/F/ICO/7987/2018 DATED 11.6.2018. EXHIBIT P5 TRUE COPY OF THE LICENSE NO.A4-394/18-19 DATED 27.6.2018. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 17.3.2017. EXHIBIT P7 TRUE COPY OF THE DRAFT NOTIFICATION NO.S O 3327(E) DATED 07.12.2015. EXHIBIT P8 TRUE COPY OF THE A DRAFT NOTIFICATION SO 657(E) DATED 03.3.3016. EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.30042/2018 DATED 13.9.2018. EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER GO(P) NO, 25/2017 DATED 22.6.2017.**