WP(C).26431/2019 and connected matters (ESZ around National Parks/Wildlife Sanctuaries) - High Court of Kerala, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** ## **FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941** ## **WP(C).No.35309 OF 2019(K)** ## **PETITIONER/S:** **T.MATHEW ABRAHAM, AGED 73 YEARS PROPRIETOR, M/S.SOUTHERN ROCK AND AGGREGATE MINING COMPANY, PAINKULAM, THALAPPILLY, THRISSUR.** **BY ADVS.** **SRI.PHILIP J.VETTICKATTU SRI.G.HARIKRISHNAN** ## **RESPONDENT/S:** - **1 THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI - 110 003.** - **2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 001.** - **3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR, CHEMBUKKAVU, THRISSUR - 680 020.** - **4 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA), REPRESENTED BY ITS DIRECTOR, DIRECTORATE ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTAH P.O., TRIVANDRUM - 695 024.** - **5 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** **R1 BY SRI.K.R.RAJKUMAR, C.G.C. SRI MP SREEKRISHNAN,SC SEIAA, SRI SANDESH RAJA SPL. GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 35309/19 2 ## **JUDGMENT** The issues impelled in this case have already been decided by this Court in W.P(C) No.26431/2019 and connected matters. Since the judgment mentioned above speaks exhaustively of all the aspects and since the facts involved in this case are analogous to the facts noticed therein, I do not deem it necessary to indite a long judgment, other than to say that the observations and conclusions therein will apply to this case also and same will be read as part of this judgment, for which purpose, a copy of the said judgment will stand appended to the judgment. Consequently, I order this writ petition in the following manner: 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 WPC 35309/19 3 Government is 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 WPC 35309/19 4 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. 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 WPC 35309/19 5 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 791) 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 complying with the afore directions, on the expiry of the cumulative period mentioned above, the said WPC 35309/19 6 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 WPC 35309/19 7 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. **Sd/-** **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 35309/19 8 ## APPENDIX ## PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED IN RESPECT OF THE QUARRY OF THE PETITIONER DT. 19/3/2015. EXHIBIT P2 TRUE COPY OF ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY DATED 5/12/2014. EXHIBIT P2 A TRUE COPY OF LICENSE, FOR THE PERIOD 1/4/2019 TO 31/3/2024 WITH RESPECT TO THE CRUSHER UNIT OF THE PETITIONER ISSUED BY THE PANJAL GRAMA PANCHAYAT. EXHIBIT P3 TRUE COPY OF NOTICE DT. 10/10/2019 ISSUED BY THE DISTRICT GEOLOGIST, KANNUR. EXHIBIT P4 TRUE COPY OF OFFICE MEMORANDUM DATED 8/8/2019, REFERRED TO IN EXT.P3. EXHIBIT P5 TRUE COPY OF RELEVANT PAGES OF NOTIFICATION DT. 03.03.2016 PUBLISHING THE DRAFT NOTIFICATION IN RESPECT OF PEECHI VAZHANI WILD LIFE SANCTUARY. **CR** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** ## **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.26431 OF 2019(D)** ## **PETITIONER:** **C.G.GEORGE, S/O.GEORGE, MANAGING PARTNER, M/S. SRILAKSHMI STONE CRUSHER, 27TH MILES, POOLAKKUTTY P.O., NEDUMPOYIL (VIA), KANNUR DISTRICT, PIN-670 650.** **BY ADV. SRI.GEORGE MECHERIL** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 001. 3 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST(WL) AND CHIEF WILDLIFE WARDEN, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010. 4 THE GEOLOGIST, CIVIL STATION, KANNUR-670 002. 5 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FOREST, ENVIRONMENT AND CLIMATE CHANGE, PARAYARAM BHAVAN, C.G.O.COMPLEX, NEW DELHI, PIN-110 001. Addl 6 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GOVT. PLEADER SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN BY ASG SRI.P.VIJAYAKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).37907/2018(K) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 WP(C).No.37907 OF 2018(K)** ## **PETITIONERS:** **JAMS GRANITES PRIVATE LIMITED, MALAVATTOM, THIRUVILWAMALA, THRISSUR DISTRICT, A PRIVATE LIMITED COMPANY REPRESENTED BY ITS MANAGING DIRECTOR K.M.SINTHIL.** **BY ADVS. SRI.T.A.SHAJI SRI.ATHUL SHAJI SRI.S.ABHILASH VISHNU** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001** - **2 THE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS CHAIRMAN,STANDING COMMITTEE,PARAYARAN BHAVAN,C.G.O.COMPLEX, LODI ROAD,NEW DELHI-110001.** - **3 DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY,KESAVADASAPURAM, PATTOM PALACE P.O.THIRUVANANTHAPURAM 695 004.** - **4 THE WILDLIFE WARDEN, OFFICE OF THE WILDLIFE WARDEN, PEECHI DIVISION, PEECHI P.O. THRISSUR,PIN 680 001.** - **5 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,PALAKKAD DISTRICT, PIN 678 014.** WPC 26431/19 & con. Cases 3 **Addl 6 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **SPL.GP.(FORESTS) SRI.SANDESH RAJA; ADDL.AG SRI.RENJITH THAMPAN; ASG SRI.P.VIJAYAKUMAR; SC FOR SEIAA SRI.M.P.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.26611 OF 2019(B)** ## **PETITIONER:** **IMMANUEL CRUSHERS AND MINES (P) LTD. 34/316, PIPE LINE ROAD, PADIVATTOM, EDAPPALLY P.O., ERNAKULAM-682024, REP. BY ITS DIRECTOR SRI.TOMY JOSEPH.** **BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.** - **5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE)& CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.** WPC 26431/19 & con. Cases 5 ||**6**|**DISTRICT GEOLOGIST, DISTRICT OFFICE,**| |---|---|---| |||**TOWN BUS STAND COMPLEX, PALAKKAD -14.**| |**Addl**|**7**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| |||**R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA**| |||**R3-6 BY ADDL. AG SRI.RANJITH THAMPAN**| |||**BY SP. GP SRI.SANDESH RAJA**| |||**BY SC SRI.M.P.SREEKRISHNAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.27299 OF 2019(J)** ## **PETITIONER:** **M/S. SAHARA GRANITES, ERIMAYUR(PO), PALAKKAD-678546, REP. BY ITS MANAGING PARTNER, MR.BIJU M, AGED 44 YEARS, S/O.M.K.MADHAVAN** **BY ADV. SRI.JOBI JOSE KONDODY** ## **RESPONDENTS:** - **1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, REPRESENTED BY ITS SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110003** - **2 THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE NATIONAL BOARD OF WILD LIFE, REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING,INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110003** - **3 THE STATE BOARD OF WILDLIFE, REPRESENTED BY ITS MEMBER SECRETARY, PCCF AND CHIEF WILDLIFE, WARDEN, FOREST HEADQUARTES, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014** - **4 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE P.O, KESAVADSAPURAM, THIRUVANANTHAPURAM-695004** - **5 THE GEOLOGIST, MINING AND GEOLOGY DIRECT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD-678014** - **6 THE CHIEF WILDLIFE WARDEN, STATE OF KERALA, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM695014** WPC 26431/19 & con. Cases 7 ||**7**|**THE DIVISIONAL FOREST OFFICER, NENMARA**| |---|---|---| |||**DIVISIONAL FOREST OFFICE, KOTTEKULAM,**| |||**MELARGODE, NENMARA, PALAKKAD-678 508**| |**Addl**|**8**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| |||**BY ADDL. AG SRI.RAJNITH THAMPAN**| |||**BY SPL. GP SRI.SANDESH RAJA**| |||**BY ASG SRI.P.VIJAYAKUMAR**| |||**BY SC SRI.M.P.SREEKRISHNAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** ## **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 WP(C).No.27320 OF 2019(L)** ## **PETITIONER:** **M/S.PEEJAY GRANITES,CHITTADI (P.O), PALAKKAD-678 706, REP.BY ITS MANAGING PARTNER, MR. JOSHY P.J, AGED 49 YEARS, S/O. JOSPEH.** **BY ADV. SRI.JOBI JOSE KONDODY** ## **RESPONDENTS:** - **1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE REPRESENTED BY ITS SECRETARY, 3RD FLOOR, VAYU WING, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003** - **2 THE NATIONAL BOARD OF WILD LIFE/STANDING COMMITTEE NATIONAL BOARD OF WILF LIFE, REPRESENTED BY ITS MEMBER SECRETARY (WILD LIFE WING), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, 3RD FLOOR, VAYU WING, INDIRA, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, ALIGANJ, NEW DELHI-110 003.** - **3 THE STATE BOARD OF WILDLIFE,REPRESENTED BY ITS MEMBER SECRETARY, PCCF AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM-695 014** - **4 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE (P.O), KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004** - **5 THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD-678 014** - **6 THE CHIEF WILDLIFE WARDEN, STATE OF KERALA, FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM-695 014.** WPC 26431/19 & con. Cases 9 ||**7**|**THE DIVISIONAL FOREST OFFICER,**| |---|---|---| |||**NENMARA DIVISIONAL FOREST OFFICE, KOTTEKULAM,**| |||**MELARGODE, NENMARA, PALAKKAD-678 508**| |**Addl**|**8**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| |||**R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA**| |||**R5-7 BY ADDL. AG SRI.RANJITH THAMPAN**| |||**BY SPL. GP SRI.SANDESH RAJA**| |||**BY SC SRI.MP.SREEKRISHNAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.27914 OF 2019(L)** ## **PETITIONER:** **NILA METALS PRIVATE LIMITED, VELLAPPARA, PAZHAYANNUR P.O., THRISSUR 680 587, REP.BY ITS MANAGING DIRECTOR SRI. A.G. MAHDAVAN.** **BY ADVS.SRI.N.JAMES KOSHY SRI.T.SANJAY** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI 110 003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILD LIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENTAL AND FORESTS, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI 110 03.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FROSTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **4 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM PATTOM PALACE P.O., THIRUVANANTHAPURAM 695 004.** - **5 THE PRINCIPAL CHIEF FORESTS CONSERVATOR (WILD LIFE) AND CHIEF WILDLIFE WARDEN, FORESTS HEADQUARTERS, NANDAVANAM, VAHZUTHACAUD, THIRUVANANTHAPURAM 695 014.** - **6 THE GEOLOGIST, DISTRICT OFFICE, CHEMBUKAVU, THRISSUR DISTRICT 680 020.** WPC 26431/19 & con. Cases 11 **7 THE WILDLIFE WARDEN, PEECHI VAZHANI WILDLIFE SANCTUARY, PEECHI P.O. THRISUSR DISTRICT, KERALA 680 304. Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.28014 OF 2019(B)** ## **PETITIONER:** **SEDEER GRANITES, KAVILUMPARA, KUNDUTHOODE P.O. VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS MANGING PARTNER, A.R. ZULFIKAR.** **BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** ## **RESPONDENTS:** - **1 UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI 110 003.** - **2 STATE OF KERALA, REPRESENTED BY TO GOVERNMENT, FOREST AND WILDLIFE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **3 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.** - **4 THE CHIEF WILDLIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.** - **5 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM 695 004.** WPC 26431/19 & con. Cases 13 ||**6**|**THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF**| |---|---|---| |||**MINING AND GEOLOGY, THE BAY END FLOOR, C BLOCK**| |||**OF CIVIL STATION, KOZHIKODE 673 020.**| |**Addl**|**7**|**THE WILDLIFE WARDEN, MALABAR WILDLIFE SANCTUARY,**| |||**KOZHIKODE DIVISION, PERUVANNAMUZHI RANGE,**| |||**PERUVANNAMUZHI, PERAMBRA, KOZHIKODE-673 615.**| |**Addl**|**8**|**THE STATE BOARD OF WILDLIFE, FOREST HEADQUARTERS,**| |||**NANDAVANAM, VAZHUTHACADU, THIRUVANANTHAPURAM-695014**| |**Addl**|**9**|**STANDING COMMITTEE OF THE NATIONAL BOARD FOR**| |||**WILDLIFE, PARYAVARAN BHAVAN, CGO COMPLEX,**| |||**LODI ROAD, NEW DELHI 110 003**| |||Impleaded as per order dated 18.12.2019 in IA 4/19| |**Addl**|**10**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 14 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.28036 OF 2019(D)** ## **PETITIONER:** **BABU.V.P., AGED 64 YEARS, S/O. SHANKARAN, VALLUPARAMBATH HOUSE, PONMERIPARAMBIL P.O., VILLYAPALLI, KOZHIKODE - 673 542** **BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** ## **RESPONDENTS:** - **1 UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD, NEW DELHI - 110 003** - **2 STATE OF KERALA REPRESENTED TO GOVERNMENT, FOREST & WILDLIFE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001** - **3 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001** - **4 THE CHIEF WILDLIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014** - **5 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004** WPC 26431/19 & con. Cases 15 **6 THE SENIOR GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THE BAY END FLOOR, C BLOCK OF CIVIL STATION, KOZHIKODE - 673 020 Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY ASG SRI.P.VIJAYAKUMAR BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.MP.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.28877 OF 2019(H)** ## **PETITIONER:** **M/S. BLUE MOUNTAIN GRANITES VELLIKULANGARA P.O,, CHALAKUDY, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, ABIN ISSAC.** **BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.G.HARIKRISHNAN (TRIPUNITHURA)** ## **RESPONDENTS:** - **1 THE MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI- 110 003, REPRESENTED BY ITS SECRETARY** - **2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN- 695 001** - **3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR -680 020** - **4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES(A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001** **Addl 5 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 17 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.28913 OF 2019(L)** ## **PETITIONER:** ## **A.V.JOHNEY, EDASSERIL HOUSE, NEELESWARAM, KALADI P.O, ERNAKULAM.** ## **BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.G.HARIKRISHNAN (TRIPUNITHURA) GOVERNMENT PLEADER** ## **RESPONDENTS:** - **1 THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, JORBAGH ROAD, NEW DELHI-110 003** - **2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN-695 001** - **3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, IDUKKI-685 584** - **4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001** - **Addl 5 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 - **BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 18 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.28938 OF 2019(N)** ## **PETITIONER:** **M/S. MRIDHUL GRANITES AND CRUSHER (P) LTD KOTHARA, MADAKKATHARA P O, THRISSUR-680651, REPRESENTED BY ITS MANAGING DIRECTOR, JOSE JOHN.** **BY ADV.SRI.SANTHOSH MATHEW RESPONDENTS: 1 STATE OF KERALA REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P O, THIRUVANANTHAPURAM-695004. Addl 3 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 19 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.29336 OF 2019(N)** ## **PETITIONERS:** - **1 REJI KURIAKOSE, AGED 49 YEARS, S/O.KURIAKOSE, CHIRACKAL HOUSE, THURUTHY.P.O., PERUMBAVOOR, PIN-683545, ERNAKULAM DISTRICT.** - **2 SMT.JEEVA REJI, AGED 43 YEARS, W/O.REJI KURIAKOSE, CHIRACKAL HOUSE, THURUTHY.P.O., PERUMBAVOOR, PIN-683545, ERNAKULAM DISTRICT.** - **BY ADVS.SRI.M.K.DILEEPAN SRI.TOMMY LOUIS SRI.BABY KURIAKOSE** ## **RESPONDENTS:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.** - **2 THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPAURAM, PATTOM.P.O., THIRUVANANTHAPURAM, PIN-695004.** - **3 THE DISTRICT GEOLOGIST ERNAKULAM, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION.P.O., KAKKANAD, KOCHI-682030.** - **4 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, (WILD LIFE) AND CHIEF WILD LIFE WARDEN VAZHUTHACADU, THIRUVANANTHAPURAM-14.** - **5 THE CHIEF CONSERVATOR OF FOREST AND FILED DIRECTOR (PROJECT TIGER), KOTTAYAM, PIN-696006.** - **6 THE CHIEF WILD LIFE WARDEN, IDUKKI, WILD LIFE DIVISION, IDUKKI-685603.** WPC 26431/19 & con. Cases 20 **7 THE CHAIRMAN, NATIONAL BOARD FOR WILD LIFE, INDIRA PARYAVAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003. Addl 8 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY SC SRI.M.P.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 21 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** **WP(C).No.29622 OF 2019(C)** ## **PETITIONER:** **M/S. PONMUDI BLUE METAL (P) LTD., M.S.BUILDING, KALUNGU JUNCTION, VITHURA P.O., THIRUVANANTHAPURAM-695551, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. M.NIZHARUDHEEN.** **BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI SRI.PAUL JACOB (P)** ## **RESPONDENTS:** - **1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD OF WILDLIFE, NATIONAL BOARD OF WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.** - **5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) & CHIEF WILDLIFE WARDEN,FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM695014.** WPC 26431/19 & con. Cases 22 **6 DISTRICT GEOLOGIST, DISTRICT OFFICE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695004. Addl 7 THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, III FLOOR, KSRTC COMPLEX, THIRUVANANTHAPURAM.** Impleaded suo motu as per order dated 18.12.2019 **BY ASG SRI.P.VIJAYAKUMAR BY ADDL. AG SRI.RANJITH THAMPAN BY SP. GP SRI.SANDESH RAJA BY SC SRI.MP.SREEKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 23 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.29654 OF 2019(F)** ## **PETITIONER:** **M/S. FOUR STAR GRANITES (P) LTD.,OLLUKKARA, KOOTTALA P.O. THRISSUR 680 652, REP.BY ITS MANAGING DIRECTOR, SRI. ANIYAN MATHEW.** **BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD OF WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENTAL AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.** - **3 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM 695 004.** - **5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.** WPC 26431/19 & con. Cases 24 ||**6**|**DISTRICT GEOLOGIST, DISTRICT OFFICE,**| |---|---|---| |||**CHEMBUKKAVU, THRISSUR 680 020.**| |**Addl**|**7**|**SHYBI C.J., AGED 42 YEARS, S/O JOSEPH,**| |||**CHULLIYILLAPLAKKAL HOUSE, KOOTAALA P.O.,**| |||**THRISSUR - 680 652.**| |||Impleaded as per order dated 25.11.2019 in IA 1/19| |**Addl**|**8**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| |||**BY ASG SRI.P.VIJAYAKUMAR**| |||**BY ADDL. AG SRI.RANJITH THAMPAN**| |||**BY SPL. GP SRI.SANDESH RAJA**| |||**BY SC SRI.M.P.SREEKRISHNAN**| |||**BY ADV. SRI.RAJIT**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 25 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.29971 OF 2019(V)** ## **PETITIONER:** **AL NASSAR GRANITES (P) LTD., VALIAKALAM, IRAVOOR, ARYANAD, THIRUVANANTHAPURAM-695 542, REPRESENTED BY ITS DIRECTOR SMT. SHAILA NASSAR.** **SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.RONY JOSE SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN AMAL AMIR ALI** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD FOR WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **4 DIRECTOR OF MININGMAND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O.THIRUVANANTHAPURAM-695 004.** - **5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.** WPC 26431/19 & con. Cases 26 ||**6**|**DISTRICT GEOLOGIST, DISTRICT OFFICE,**| |---|---|---| |||**KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.**| |**Addl**|**7**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| **BY ADDL. AG SRI.RANJITH THAMPAN BY SPL. GP SRI.SANDESH RAJA BY ASG SRI.P.VIJAYAKUMAR BY SC SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 27 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941** ## **WP(C).No.30450 OF 2019(E)** ## **PETITIONER:** **CHELAKKARA GRANITES, KANNIMANGALAM BUILDING, OORAMANA P.O., RAMAMANGALAM, ERNKULAM 686 730, REP.BY ITS MANAGING PARTNER K.R. VISWANATHAN.** **BY ADVS.SRI.SANDEEP GOPALAKRISHNAN SMT.JINNU SARA GEORGE SMT.MITHA SUDHINDRAN SHRI. ZAFAR ANTONIO** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003.** - **2 STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILDLIFE, NATIONAL BOARD OF WILDLIFE, MINISTRY OF ENVIRONMENT AND FORESTS, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 110 003, REP. BY CHAIRPERSON.** - **3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **4 DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM 695 004.** - **5 PRINCIPAL CHIEF FOREST CONSERVATOR (WILDLIFE) AND CHIEF WILDLIFE WARDEN, FORREST HEADQUARTERS NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.** WPC 26431/19 & con. Cases 28 ||**6**|**DISTRICT GEOLOGIST, DISTRICT OFFICE,**| |---|---|---| |||**DIRECTORATE OF MINING AND GEOLOGY,**| |||**CHEMBUKKAVU, THRISSUR 680 020.**| |**Addl**|**7**|**THE MEMBER SECRETARY, STATE ENVIRONMENT**| |||**IMPACT ASSESSMENT AUTHORITY, III FLOOR,**| |||**KSRTC COMPLEX, THIRUVANANTHAPURAM.**| |||Impleaded suo motu as per order dated 18.12.2019| |||**BY ADDL. AG SRI.RANJITH THAMPAN**| |||**BY SPL. GP SRI.SANDESH RAJA**| |||**BY ASG SRI.P.VIJAYAKUMAR**| |||**BY SC SRI.M.P.SREEKRISHNAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2019 ALONG WITH WP(C).26431/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 26431/19 & con. Cases 29 ## **JUDGMENT** **[WP(C).26431/2019, WP(C).37907/2018, WP(C).26611/2019, WP(C).27299/2019, WP(C).27320/2019, WP(C).27914/2019, WP(C).28014/2019, WP(C).28036/2019, WP(C).28877/2019, WP(C).28913/2019, WP(C).28938/2019, WP(C).29336/2019, WP(C).29622/2019, WP(C).29654/2019, WP(C).29971/2019, WP(C).30450/2019]** **Dated this the 18th day of December 2019** In these matters, the validity of an Office Memorandum dated 08.08.2019, issued by the Ministry of Environment, Forest and Climate Change has been called into question. The petitioners, who are all persons/entities engaged in quarrying activities on the strength of Mining Leases and Environmental Clearances, allege that the impugned Office Memorandum dated 08.08.2019 (hereinafter referred to as 'the Office Memorandum') has been issued without competence and in excess of jurisdiction and therefore, that the same is illegal, unlawful and unconstitutional. 2. The proximate reason for the petitioners to have approached this Court in this fashion is because, based on the Office Memorandum, the concerned Geologists appear to have issued proceedings stopping their quarrying activities solely for the reason that they have not obtained prior clearances from the Standing Committee of the National Board for Wildlife ('the Standing WPC 26431/19 & con. Cases 30 Committee' for short), constituted under the provisions of the Wildlife Protection Act, 1972. The petitioners say that the proceedings issued by the concerned Geologist stopping their activities are grossly improper and egregiously without basis and therefore, that they be allowed to operate the quarries de hors such illegal interdiction. 3. I have heard Sri.T.A.Shaji, learned Senior Counsel, assisted by Sri.Athul Shaji, learned counsel appearing for the petitioner in W.P. (C)No.37907/2019, Sri.Bechu Kurian Thomas, learned Senior Counsel, assisted by Sri.Enoch David Simon Joel, learned counsel appearing for the petitioners in W.P.(C)Nos.26611/2019, 29622/2019, 29654/2019 and 29971/2019, Sri.James Koshy, learned counsel appearing for the petitioner in W.P.(C)No.27914/2019, Sri.George Mecheril, learned counsel appearing for the petitioner in W.P.(C)No.26341/2019, Sri.Jobi Jose Kondody, learned counsel appearing for the petitioners in W.P. (C)Nos.27299/2019 and 27320/2019, Sri.Santhosh Mathew, learned counsel appearing for the petitioners in W.P.(C)No.28014/2019, 28036/2019 and 28938/2019, Sri.Philip J.Vettikkattu, learned counsel appearing for the petitioners in W.P.(C)Nos.28877/2019 and 28913/2019, Sri.Baby Kuriakose and Sri.M.K.Dileepan, learned counsel appearing for the petitioner in W.P.(C)No.29336/2019, Sri.Sandeep Gopalakrishnan, learned counsel appearing for the petitioner in W.P.(C)No.30450/2019, Sri.Renjith Thampan, learned WPC 26431/19 & con. Cases 31 Additional Advocate General, assisted by Sri.Sandesh Raja, learned Special Government Pleader for Forests, Sri.P.Vijayakumar, learned Assistant Solicitor General of India, assisted by Sri.K.Rajkumar, learned Central Government Counsel appearing for the Union of India and its functionaries and Sri.M.P.Srekrishnan, learned Standing Counsel for the State Environment Impact Assessment Authority (SEIAA). 4. As I have mentioned in the opening paragraph of this judgment, the challenge of the petitioners is essentially against the Official Memorandum dated 08.08.2019, wherein the procedure for consideration of Environmental Clearances for developmental projects, located within ten kilometres of National Parks/Wildlife Sanctuaries, under the provisions of the Environmental Impact Assessment Notification, 2006 (EIA Notification) has been stipulated. The said Memorandum begins by saying that the Hon'ble Supreme Court has, in its order dated 04.12.2006 in W.P.(C)No.460/2004 - in the matter of **Goa Foundation v. Union of India** ((2011) 15 SCC 791) has, inter alia, directed that 'the Ministry of Environment and Forests (MoEF) would refer to the Standing Committee the cases where Environmental Clearances have already been granted, where activities are within ten kilometre zone of the boundaries of the various Sanctuaries and National Parks'. The Memorandum further WPC 26431/19 & con. Cases 32 goes to say that the Ministry has notified the Eco-Sensitive Zones (ESZs) around the Protected Areas (PAs) and that many of the developmental activities are prohibited/regulated within these ESZs, inter alia, the mining operations carried out in accordance with the order of the Hon'ble Supreme Court in the matter of **T.N.Godavarman Thirumulapad v. Union of India** in W.P. (C)No.202/1995. The notification thereafter goes to say that, in the light of these orders passed by the Hon'ble Supreme Court, the procedure for consideration of developmental projects are to adhere the following procedure and manner: “i. Proposals involving developmental activity/project located within the notified Eco-Sensitive Zone (ESZ) shall be regulated and governed by the concerned ESZ notification. However, for the developmental project/activity located within the notified ESZ and covered under the schedule of the EIA Notification 2006, prior clearance from Standing committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference as well as wildlife clearance. ii. Proposals involving developmental activity/project located outside the stipulated boundary limit of notified ESZ and located within 10 km of National park/Wildlife Sanctuary, prior clearance from Standing Committee of the National Board for Wildlife (SCNBWL) may not be applicable. However, such proposals from environmental angle including impact of developmental activity/project on the wildlife habitat, if any, would be examined by the sector specific Expert Appraisal Committee and appropriate conservation measures in the form of recommendations shall be made. These recommendations shall be explicitly mentioned in the environmental clearance letter and shall be ensured by the member secretary concerned. iii. Proposals involving developmental activity/project located within 10 km of National Park/Wildlife Sanctuary wherein final ESZ notification is not notified (or) ESZ notification is in draft stage, prior WPC 26431/19 & con. Cases 33 clearance from Standing Committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference/environmental clearance as well as wildlife clearance. iv. Proposals involving mining of minerals within the ESZ (or) one kilomtre from the boundaries of National Parks and Sanctuaries whichever is higher is prohibited in accordance with the order of the Hon'ble Supreme Court dated 04.08.2006 in the matter of T.N.Godavarman Thirumulpad Vs. UOI in W.P.(C)No.202 of 1995 and dated 21.04.2014 in the matter of Goa Foundation Vs. UOI in W.P. (C)No.435 of 2012.” 5. The petitioners in these cases appear to be more concerned about stipulation No.3 above, which provides that developmental activities/projects located within ten kilometres of National Parks/ Wildlife Sanctuaries - where the ESZ Notification is not notified or is in its draft stage - will require prior clearance from the Standing Committee. 6. The petitioners have broadly launched a two prone attack to the afore stipulation: first, by asserting that the Office Memorandum is not applicable to any of these cases, since the petitioners have already obtained Environmental Clearances and therefore, that the stipulation of a prior permission from the Standing Committee is no longer necessary and for the second, which is more or less an alternative argument, that the Office Memorandum is incompetent, since it is contrary to law, particularly because the Hon'ble Supreme Court has delivered a final judgment in **Goa** WPC 26431/19 & con. Cases 34 **Foundation** , wherein the requirement of obtaining a prior clearance from the Standing Committee has no longer been mandated. 7. Sri.Bechu Kurian Thomas, learned Senior Counsel appearing for the petitioners in some of these cases, began his submissions by saying that the Office Memorandum has been issued by the first respondent on a misunderstanding of the orders of the Hon'ble Supreme Court and that the Hon'ble Court has never stipulated, even in the final judgment in **Goa Foundation** , that the quarrying activities within a radius of ten kilometres be stopped. He vehemently says that Government of Kerala has already forwarded a draft of the ESZ to the MoEF as per the requirements under the Environment (Protection) Act and that they are still pending before the Central Government for final notification and that in such scenario, the stipulation of 'ten kilometres radius' from the National Parks/Wildlife Sanctuaries is no longer relevant and in substantiation, points out the interim order dated 11.12.2019 of the Hon'ble Supreme Court in **T.N.Godavarman Thirumulpad v. Union of India** (W.P.(C) No.202/1995), which has been produced as Exhibit P9 in W.P.(C)No. 26611/2019, to assert that it is only where no draft proposals for ESZs have been made or are pending before the MoEF, can this stipulation be relevant. He says that this is manifest from the fact that the Hon'ble Supreme Court, in the aforementioned order, has spoken WPC 26431/19 & con. Cases 35 ## as under: “The proposals for declaring areas around these National Parks and Wildlife Sanctuaries as Eco Sensitive Zone have been received from State Governments/UT Administrations for 641 National parks and Wildlife Sanctuaries. No proposals have been received in respect of 21 National Parks and Wildlife Sanctuaries. The proposals have been accepted and Notification has been issued in respect of 289 National Parks and Wildlife Sanctuaries as on 26.11.2018 and draft Notification has been prepared in respect of 206 National parks and Wildlife Sanctuaries. The declaration with regard to Eco Sensitive Zone is under process with the Ministry of Environment, Forests and Climate Change (MoEF) as well as with the State Governments in respect of 146 National Parks and Wildlife Sanctuaries. We expect the Ministry of Environment, Forests and Climate Change to actively pursue the preparation of the draft Notification and to issue a final Notification at the earliest. The proposals for 21 National parks and Wildlife Sanctuaries in respect of which proposals have not yet been received by the MOEF are as follows:- ## ASSAM 1. Pobitora Sanctuary ## JAMMU AND KASHMIR 2. Hemis High Altitude National Park 3. Kishtewar National Park 4. Changthang Sanctuary 5. Hokersar Sanctuary 6. Trikuta Sanctuary ## KARNATAKA 7. Jogimatti Sanctuary 8. Thimlapura Sanctuary WPC 26431/19 & con. Cases 36 ## 9. Yadahalli Chinkara Sanctuary ## MAHARASHTRA 10. Deolgaon Rehekuri Sanctuary 11. Thane Creek Flamingo Sanctuary ## 12. Malvan Marine Sanctuary MANIPUR ## 13. Siroi National Park ## 14. Khongjaingamba Ching Sanctuary MEGHALAYA 15. Baghmara Pitcher Plant Sanctuary NAGALAND ## 16. Fakim Sanctuary 17. Puliebadze Sanctuary ## 18. Rangapahar Sanctuary UTTAR PRADESH ## 19. Dr.Bhimrao Ambedkar Bird Sanctuary 20. Pilibhit Sanctuary WEST BENGAL ## 21. Jorepokhri Sanctuary It is submitted by the learned Amicus that this issue has been pending since sometime in December, 2006. 12 years have gone-by but no effective steps have been taken by the State Governments in respect of the National parks and Wildlife Sanctuaries mentioned above. Under the circumstances, we direct that an area of 10 kms around these 21 National parks and Wildlife Sanctuaries be declared as Eco Sensitive Zone by the MoEF. The declaration be made by the MoEF at the earliest. WPC 26431/19 & con. Cases 37 Liberty is granted to the State Governments to move an application for modification of this order along with proposal only two weeks after submission of the proposals to the MoEF.” The learned Senior Counsel thus says that the restrictions imposed through the Office Memorandum is contrary even to the views of the Hon'ble Supreme Court and therefore, that same cannot obtain any legal sanction, consequently that the interim interdiction now ordered by the concerned Geologist against the quarrying operations will require to be set aside by this Court. 8. Sri.Bechu Kurian Thomas, learned Senior Counsel, concluded his submissions by saying that whatever be the justification of the authority in having issued the Office Memorandum, insistence for a prior clearance from the Standing Committee may be approved by this Court, since it virtually bestows competence not available to an authority and which is not permitted by the applicable Statutes, Rules and Regulations. 9. Sri.Santhosh Mathew, learned counsel appearing for the some of the other petitioners in these cases, then commenced his submissions by taking me through the various orders of the Hon'ble Supreme Court in **Goa Foundation** . He submitted that the Hon'ble Court, through a series of orders, has only tried to regulate the manner in which quarrying operations are being conducted within a ten kilometres radius of National Parks/Wildlife Sanctuaries, but that WPC 26431/19 & con. Cases 38 there is no order therein that they should be closed down merely because they are operating within the said zone. He says that the interim order referred to in the Office Memorandum, namely **Goa Foundation v. Union of India** ((2011) 15 SCC 791) was at a time when there were no proposals made by the State Government for the purpose of establishing ESZs and that, consequently, directions were given therein to the MoEF to offer a final opportunity to all the States/Union Territories to do so within a time frame. He says that it is in that factual context that the Hon'ble Supreme Court ordered that the MoEF should also refer to the Standing Committee - under Sections 5B and 5C(2) of the Wildlife Protection Act - the cases where Environmental Clearances have already been granted where the activities are within the ten kilometres zone. He submitted that this position becomes clear when one reads the final judgment of the Hon'ble Supreme Court, namely **Goa Foundation v. Union of India and Others** ((2014) 6 SCC 590), wherein the directions are available in paragraph 87 thereof. He contends that, nowhere in the said judgment, has the Hon'ble Court ordered a reference to the Standing Committee for such purpose and therefore, that it will have to be construed that the Hon'ble Court has no longer felt it necessary for this condition to be imposed, particularly because with respect to all the National Parks and Wildlife Sanctuaries in Kerala, the proposals WPC 26431/19 & con. Cases 39 for ESZs are already pending before the MoEF, the drafts of the same having already been published under the provisions of Rule 5 of the Environment (Protection) Rules, 1986. He then cited the Division Bench judgment of this Court in **State of Kerala and Others v. J & J. Minerals Private Limited and Others** (2015 (5) KHC 854) in support of the above submissions, asserting that the learned Bench has concluded that once the final judgment in **Goa Foundation** (supra) had been delivered by the Hon'ble Supreme Court, the earlier interim orders will merge with the same and cannot be operated independently. He took this argument forward by relying on the judgment of this Court in **Raji Mathew v. Director of Mining and Geology, Tvm. And Others** (2018 (1) KHC 906) to contend that once draft notifications for ESZs have has been issued, then the MoEF can only confine the limits of the same to the area proposed and can perhaps reduce it, but cannot enhance the same, going by the specific provisions in Rule 5(3) of the Environment (Protection) Rules, 1986. He says that this has been specifically so concluded in **Raji Mathew** (supra) and therefore, that as matters now stand, the ESZs around the various National Parks/Wildlife Sanctuaries in Kerala are specified and delimited and consequently, that the Office Memorandum will not apply to any part of the State of Kerala. WPC 26431/19 & con. Cases 40 10. After making the afore submissions, Sri.Santhosh Mathew attempted to impress upon this Court that the stipulation in the Office Memorandum, to obtain a prior clearance from the Standing Committee, is not statutorily permissible by taking me through the provisions of the EIA Notification, 2006 and in particular, clause 8(v) thereof, wherein clearances from other Regulatory Bodies are shown to be not required prior to the receipt of applications - for Environmental Clearances of projects or activities or screening or scoping or appraisal or decision by the Regulatory Authority concerned - unless any of those are sequentially dependent on such clearance, either due to requirement of law or technical reasons. He says that since none of the applicable Statutes and Rules provide for any such requirement, which is even clear from Note 2 to the Format of the application for Environmental Clearance, the prescriptions in the Office Memorandum are clearly beyond law and beyond the competence of the authority which issued the same. He thus prayed that the Office Memorandum be set aside and the interim interdiction now placed by the Geologists be vacated. 11. Sri.James Koshy, learned counsel for the petitioner in W.P. (C)No.27914/2019, adopted most of the submissions made by Sri.Bechu Kurian Thomas and that of Sri.Santhosh Mathew, however, adding that in the case of his client, the area of operation is near the WPC 26431/19 & con. Cases 41 Chullannur Peafowl Sanctuary, wherein, the draft notification provides the ESZ as 990 metres and that, as is evident from the counter pleadings of the Union of India, its competent authority has approved this, which makes publication of the final notification only a formality. He also relies on the judgment in **Raji Mathew** (supra) to say that once the draft has been approved by the Government of India, there cannot be any modification to the same and therefore, that as far as the said Sanctuary is concerned, the rigor of the Office Memorandum cannot apply since the ESZ has already been now approved by the MoEF. 12. Sri.Philip J.Vettickattu, learned counsel for the petitioners in W.P.(C)Nos.28877/2019 and 28913/2019, said that he is also adopting all the afore submissions made on behalf of the petitioners, but asserted that the third stipulation in the impugned Office Memorandum clearly goes contrary to Section 3(5) of the Environment (Protection) Act, 1986 and Rule of 5 of the Environment (Protection) Rules, 1986, since there is no such stipulation therein that a prior clearance of the Standing Committee is required to be obtained. He expatiated this contention by saying that the stipulation in an Office Memorandum can, at the best, be only a procedural requirement and cannot modify the statutory prescriptions, but that what is being attempted to be done through the impugned Office WPC 26431/19 & con. Cases 42 Memorandum is to virtually expand and add provisions which are not available in the Statute or the Rules or sanctioned by it. He, therefore, prayed that the impugned Memorandum and the orders of interdiction by the Geologists be set aside. 13. Sri.George Mecheril, learned counsel for the petitioner in W.P.(C)No.26431/2019, added to the above submissions by saying that, going by the final judgment of the Hon'ble Supreme Court in **Goa Foundation** (supra), there is no direction therein that a quarry being operated beyond one kilometre radius of the ESZ should be closed down or that a clearance from the Standing Committee is required to be obtained and that the only restriction therein is that no quarry shall be operated within one kilometre radius of a National Park/Wildlife Sanctuary. He says that this is implicit from the manner in which the Hon'ble Supreme Court has issued the mandatory directions in the said judgment and therefore, that the concerned Geologist do not obtain any jurisdiction to issue stop memos to the various petitioners in these cases, even if the Office Memorandum had been followed, particularly because it does not insist on stoppage of quarrying activities, which are continuing on valid Environmental Clearances and other germane permissions and consents. 14. Sri.Jobi Jose Kondody, learned counsel for the petitioners in W.P.(C)Nos.27299/2019 and 27320/2019, while affirming the afore WPC 26431/19 & con. Cases 43 submissions made by various learned counsel, made his submissions with a slight twist because, he says that his clients are not challenging the Office Memorandum per se but that they only want their Environmental Clearances to be forwarded by the Government of Kerala to the MoEF and then to be transmitted to the Standing Committee, as per the directions of the Hon'ble Supreme Court in the interim order in **Goa Foundation** ((2011) 15 SCC 791). He further submits that his clients are only against the stop memos issued by the Geologists since these have been given even contrary to the directions of the Hon'ble Court in the judgment in **Goa Foundation** ((2014) 6 SCC 590). 15. Once the learned counsel for the petitioners had completed their submissions as afore, the learned Additional Advocate General began by saying that it has now been well recognised by the Hon'ble Supreme Court in **Goa Foundation** , that it is the responsibility of the State to ensure that the wildlife and nature are protected as per the constitutional imperatives, particularly because expanding human demands on land, water and air, along with the impact of climate change, have made such consideration unexpendable and to be given top priority. He says that the concerned Geologist has issued the stop memos because the various quarries being operated by the petitioners in these cases are within ten WPC 26431/19 & con. Cases 44 kilometre radius of National Parks/Wildlife Sancturies and since the Hon'ble Supreme Court has, in the order in **Goa Foundation** ((2011) 15 SCC 791), made it mandatory that the Standing Committee be consulted. He thus asserts that the Geologists, who are the competent statutory functionaries, have acted implicitly in compliance with the Office Memorandum and the constitutional requirements and therefore, that this Court may not set aside the interdiction now ordered, especially because, with respect to none of the National Parks/Wildlife Sanctuaries in Kerala, has the Government of India made final notification as regards the limits of the ESZs around it. The learned Additional Advocate General further went on say that the petitioners cannot obtain any locus to challenge the present Office Memorandum because it has been issued superseding the earlier Office Memorandum of 2009 wherein, it was ordered in the following manner: “…........ The Environmental Clearance is subject to their obtaining prior clearance from Forestry and Wildlife angle including clearance from the Standing Committee of the National Board for Wildlife as applicable”. He then cited the interim order of the Hon'ble Supreme Court in **T.N.Godavarman Thirumulpad v. Union of India** dated 25.10.2018 with respect to the quarrying of Bauxite being carried on by M/s.HINDALCO, wherein the Hon'ble Court found that such activities WPC 26431/19 & con. Cases 45 being carried on without the clearance from the Standing Committee is an affront on law and therefore, that they were directed not to continue with the same unless they obtain such clearance. The learned Additional Advocate General, therefore, contends that the submission of the learned counsel for the petitioners that the Hon'ble Supreme Court has given up the requirement for reference to the Standing Committee, while delivering the final judgment in **Goa Foundation** (supra), cannot be found to be correct, particularly when the aforementioned order was issued as late as on 25.10.2018. He adds to the above by saying that that this Court also has to follow the mandate of the Hon'ble Supreme Court, requiring a reference to the Standing Committee, as is evident from the interim order of a learned Judge of this Court in W.P.(C)No.40525/2018 dated 13.06.2018 and the Bench judgment of this Court confirming the said order in W.A.No. 1201/2018, copies of which have been placed on record as Exhibits P5 and P5(a) in W.P.(C)No.26611/2019. He, therefore, prays that these writ petitions be dismissed. 16. The learned Assistant Solicitor General of India Sri.P.Vijayakumar, appearing for Union of India, submitted that a statement dated 12.11.2019 has been filed on record in W.P.(C)No. 26611/2019, wherein the following have been stated: WPC 26431/19 & con. Cases 46 “1. It is humbly submitted that this statement is prepared on the basis of the instructions received from Shri.Pankaj Verma, Addl. Director/Scientist 'E', Ministry of Environment, Forest and Climate Change, (Govt. of India), Indira Paryavaran Bhawan, Room No.209, Prithvi Tower, 2[nd] Floor, Jor Bagh Road, New Delhi - 110 003 through e-mail. This Statement is being filed without prejudice to the right of the respondents to file a detailed counter affidavit in the matter. This statement is filed based on preliminary facts of the case only. 2. It is humbly prayed that 24[th] Expert Committee meeting for the declaration of Eco-Sensitive Zone (ESZ) around Wild Life Sanctuaries/National parks held during 27[th] and 28[th] February, 2017 in the Ministry of Environment, Forest and Climate Change at Indira Paryavaran Bhawan, New Delhi. 3. It is humbly submitted that on 28-02-2017, proposals related to 50 Protected areas of Assam, Manipur, West Bengal, Madhya Pradesh, Telengana, Kerala and Karnataka were considered for finalisation of the draft Eco-Sensitive Zone notification. 4. It is submitted that officials comprising Principal CCF(WL) & CWW, ACF(PE) and EDF(WL) of Kerala Forest Department alttended the meeting as State representatives. A true copy of the relevant pages of the minutes of the 24[th] Expert Committee meeting for the declaration of Eco-Sensitive Zone (ESZ) around Wild Life Sanctuaries/National Parks held during 27[th] and 28[th] February, 2017 in the Ministry of Environment, Forest and Climate Change at Indira Paryavaran Bhawan, New Delhi held on 27-02-2017 and 28-02-2017 is produced herewith as **Annexure R1(a)** . 5. It is humbly submitted that consequent to the expert committee meeting, after sending several communications, a specific reminder with regard to 20 Eco-Sensitive Zones, was sent to the Chief Secretary, Government of Kerala on 19-12-2017. a true copy of the letter by the Secretary to Government of India, Ministry of Environment, Forest & Climate Change dated 19-12-2017 is produced herewith as **Annexure R1(b)** . 6. It is humbly submitted that the details as sought in Annexure R1(b) and earlier communications are still awaited from the State of Kerala. Process of publication of de-novo draft notifications/final notifications with respect to the ESZs mentioned in the Annexure R1(b). 7. It is humbly submitted that no proposals are received for Vazhani Wild Life Sanctuary in the ESZ division of the Ministry. 8. The basic concept of Eco-Sensitive Zone (ESZ) is to conserve biodiversity and endangered wildlife and protect environment around WPC 26431/19 & con. Cases 47 the protected areas such as National Parks and Wildlife Sanctuaries, as a 'safety zone' without impeding legitimate socio-economic development of the area and also providing adequate opportunities for livelihood security of the local people. 9. It is humbly submitted that while demarcating the ESZ Area, a small committee comprising the concerned Wildlife Warden, an Ecologist, an official from the Local Self Government and an official of the Revenue Department of the concerned area, to suggest the: a) extent of eco-sensitive zones for the Protected Area being considered. b) requirement of such a zone to act as a shock absorber c) best methods for management of the eco-sensitive zones, so suggested. d) broad based thematic activities to be included in the Master Plan for the region. 10. It is humbly submitted that based on the demarcation of the ESZ Area and extent, with the approval of the State Government it is communicated to this Ministry. The Wildlife Division of the Ministry receives the proposal from the State Government and send it to the Wildlife Institute of India (WII), Dehradum for technical evaluation/ examination of the proposal. Based on the observations of WII, the Wildlife Division examine it further and send the proposal to the ESZ Division. 11. It is humbly submitted ESZ Division with further assessment of the proposal issue the draft Notification following due procedure and placed the Notification in public domain for seeking stakeholders views for 60 days. The stakeholders views received in the Ministry are sent to the State Government for their consideration/redressal. The proposal then considered in the Expert Committee on ESZ in the presence of the State Government and based on the recommendation of the Expert Committee proposal is finalised. 12. It is humbly submitted that the final notification is therefore issued only after due consultations & onboarding of the State Govt. The objections/comments if any, received from the public or any stakeholder is duly forwarded to the State Govt. The same is considered by respective Govts. 13. It is humbly submitted where there is error in calculating the ESZ Area or error arising due to demarcation of ESZ boundary in such cases based on suitable justification and supporting documents, the WPC 26431/19 & con. Cases 48 matter is considered by the Expert Committee comprising of experts from Wildlife Institute of India, Town and Country Planning Organisation, Indian Institute of Remote Sensing, Indian Council of Forestry Research and Education, Forest Survey of India, Zoological Survey of India, Botanical Survey of India, National Tiger Conservation Authority, G.B.Pant National Institute of Himalayan Environment and Sustainable, Department of Land Resources, Central pollution Control Board, WWF India and State Govt. 14. It is humbly submitted that if there are drastic changes proposed in the final notification with regard to draft Notification, usually, states are asked to submit fresh proposal for publishing re-draft Notification. 15. It is humbly submitted that further, in few occasion, State Government propose to increase area in some portion of the ESZ after publishing the draft Notification due to various reasons. In such cases, State Government is asked to arrange public consultation involving stakeholders and submit the proposal along with the minutes of the stakeholder consultation for further consideration of the Expert Committee. In addition, there is provision of public interest clause in the Environment (Protection) Rules, 1986 under which proposal could be published for final Notification without draft Notification.” He says that, thereafter, as directed by this Court an additional statement has been placed on record clarifying certain issues mentioned ## in the first statement, carrying the following averments: “Regarding the issue with regard to the Ministry's OM dated 08.08.2019 (Exhibit P10 in WP(C) 26611/2019 and Exhibit P25 in WP(C) 28014/2019), related to exercise of powers and procedure for consideration of developmental projects located within 10 km of National Park/Wildlife Sanctuary seeking environmental clearance under the provisions of the Environmental Impact Assessment (EIA) Notification, 2006 issued by the Ministry it is further submitted as follows: i. The earlier O.M. Of the Ministry No.J-11013/41/2006 dated 2[nd] December 2009, stated that “The proposal from environmental angle will be appraised by the respective Expert Appraisal Committee (EAC) and recommendations made on the same which will be processed by the Impact Assessment (IA) Division of the Ministry and approval obtained from the competent Authority (Hon'ble Minister). WPC 26431/19 & con. Cases 49 ii. While granting environmental clearance to projects involving forest land wildlife habitat (core zone of elephant/tiger etc.) and or located within 10 km of the National Park/Wildlife Sanctuary (at present the distance of 10 km has been taken in conformity with the order dated 4.12.2006 of Hon'ble Supreme Court in Writ Petition No.460 of 2004 in the matter of Goa Foundation Vs. Union of India), a specific condition shall be stipulated that the environmental clearance is subject to their obtaining prior clearance from forestry and wildlife as applicable. iii. Further, it will also be categorically stated in the environmental clearance that grant of environmental clearance does not necessarily imply that forestry and wildlife clearance shall be granted to the project and that their proposals for forestry and wildlife clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any, based on environmental clearance so granted, in anticipation of the clearance from forestry and wildlife angle shall be entirely at the cost and risk of the project proponent and Ministry of Environment, Forest and Climate shall not be responsible in this regard in any manner. iv. Para 4(iii) of the OM dated 08.08.2019 states that “Proposals involving developmental activity/project located within 10 km of National Park/Wildlife Sanctuary wherein final ESZ notification is not notified (or) ESZ notification is in draft stage, prior clearance from Standing Committee of the National Board for Wildlife (SCNBWL) is mandatory. In such cases, the project proponent shall submit the application simultaneously for grant of Terms of Reference/ environmental clearance as well as wildlife clearance.” v. Accordingly, it is submitted that para 4(iii) of the OM dated 08.08.2019 was incorporated to provide clarity that the distance may be considered as 10 km taken in conformity with the order dated 4.12.2006 in Writ Petition No.460 of 2004 in the matter of Goa Foundation Vs Union of India in cases where ESZ Notification has not been finalised.” 17. The learned Assistant Solicitor General thus vehemently asserts that the requirement of reference to the Standing Committee is still mandatory and therefore, that the petitioners cannot impugn the Office Memorandum, which merely reflects the concerns of the Hon'ble Supreme Court and nothing more. The learned Assistant WPC 26431/19 & con. Cases 50 Solicitor General, however, submits that the final notification with respect to the draft proposals forwarded to the MoEF by the Government of Kerala and published as such, have not been made and that they are awaiting certain additional information to be given by them. He says that Government of Kerala has not yet responded to the request of the MoEF for this information and therefore, that they are now incapacitated from publishing the final notification under the provisions of the Environment (Protection) Act, 1986, adding that as soon as such information is received by them, they will complete the processes without any avoidable delay. He, therefore, prays that these writ petitions be dismissed. 18. The submissions of the learned counsel for the parties having been recorded as afore, I now proceed to analyse the various issues impelled in these matters. 19. It is without doubt that the Office Memorandum impugned in these writ petitions has derived its soul from the interim order of the Hon'ble Supreme Court in **Goa Foundation** ((2011) 15 SCC 791). The Hon'ble Court was dealing with the establishment of ESZs around all the National Parks, Wildlife Sanctuaries and Bird Sanctuaries in India and in such context found that an opportunity is required to be given to various State Governments and Union Territories to respond to the letter of the Union Ministry dated 27.05.2005, wherein they WPC 26431/19 & con. Cases 51 have been asked to give draft of the notifications specifying the area found suitable to be prescribed as an Eco Sensitive Zone. In that background, the Hon'ble Supreme Court ineluctably mandated in paragraph 5 of the said interim order that 'the MoEF would also refer to the Standing Committee of the National Board for Wildlife under Sections 5B and 5C(2) of the Wildlife (Protection) Act, 1972, the cases where environmental clearance has already been granted where activities are within ten kilometre zone'. Going by the afore direction of the Hon'ble Supreme Court, it is indubitable that the MoEF was obligated to refer all the Environmental Clearances to the Standing Committee and the only axiomatic question being whether this order of the Hon'ble Supreme Court can be construed to have been either given up or diluted thereafter. 20. The learned counsel for the petitioners, of course, argued that when the Goa Foundation matters were concluded by the Hon'ble Supreme Court, in the judgment in **Goa Foundation v. Union of India** ((2014) 6 SCC 590), there was no mention regarding the afore order and that in the said judgment, through the directions in paragraph 87 thereof, it has only been declared that the quarrying activities within a zone of one kilometre around the National Parks/ Wildlife Sanctuaries are prohibited, while it has been reiteratingly clarified that there is no such prohibition within ten kilometres. There WPC 26431/19 & con. Cases 52 is no doubt that in the said judgment the Hon'ble Supreme Court does not speak either way about the earlier directions in the interim order, though there is a mention in the said judgment, in paragraphs 39 and 40 that the Shah Commission report has accused the States for not complying with the said directions of referring the Environmental Clearances to the Standing Committee. The axiomatic question, thus, is whether the final judgment in **Goa Foundation** ((2014) 6 SCC 590) would take away the requirement earlier imposed by the Hon'ble Court for reference of the Environmental Clearances to the Standing Committee and though the petitioners say, relying on the judgment in **J & J Minerals Private Limited** (supra), that these stipulations are no longer necessary to be complied with, it having been merged with the final judgment in the Goa Foundation matter, I cannot help but notice the order of the Hon'ble Supreme Court issued much later in the matter of M/s.HINDALCO, wherein these very directions were found not to have been complied with and therefore, the interdiction ordered against M/s.HINDALCO in carrying out the quarrying activities. It is pertinent that this order was issued by the Hon'ble Supreme Court more than three years after the final judgment in **Goa Foundation** had been delivered and if, as stated by the learned counsel for the petitioners, the directions of the Hon'ble Court in the interim order of the year 2006 had been either whittled down or WPC 26431/19 & con. Cases 53 removed, the very same conditions would not have imposed against M/s.HINDALCO. I cannot, therefore, find the submissions of the learned counsel for the petitioners in this regard to be worthy of this Court's favour and I am certain that the requirement in the Office Memorandum which is, however, with respect to the pending applications for Environmental Clearances, would also apply in the case of an Environmental Clearance that has already been issued, particularly because the said Office Memorandum merely follows the directions of the Hon'ble Supreme Court in the interim order in **Goa Foundation** ((2011) 15 SCC 791). 21. Once I conclude as above, the next germane question is whether the interdiction now ordered by the concerned Geologist to the quarrying operations should be allowed to continue or would it require to be vacated. I am fully aware that the submissions of the learned counsel for the petitioners is that, since the drafts of the ESZs have already been forwarded by the Government of Kerala to the MoEF, such a restriction is unnecessary because once those drafts have been published in terms of Rule 5 of the Environment (Protection) Rules, 1986, the area of such zones cannot be expanded and therefore, that all quarries that fall outside the zone must certainly be allowed to operate. I am also cognizant of the specific contention of Sri.Bechu Kurian Thomas and Sri.Jobi Jose Kondody that WPC 26431/19 & con. Cases 54 this is more so in the case of Chullannur Peafowl Sanctuary, since the materials on record would indicate that Government of India has virtually accepted the draft proposal of the Government of Kerala and therefore, that it should be presumed that the zone has come into effect. 22. However, when one goes through the interim order of the Hon'ble Supreme Court in **Goa Foundation** ((2011) 15 SCC 791), the stipulation for reference to the Standing Committee with respect to those quarries which have already obtained Environmental Clearances and are located within the ten kilometre zone is seen to be intended to operate as an independent direction, as long as the final notification of the ESZs has not been made by the MoEF. This is singularly because, even though I find some force in the submissions of the learned counsel for the petitioners that once a draft has been published by the MoEF under the provisions of the Environment (Protection) Rules, 1986, it cannot be modified, except through a fresh notification, the chances of such a draft being notified cannot be ruled out. I am not, for a moment, saying that the MoEF has indicated its intention to do so but that, theoretically and technically, it is available to the MoEF to issue a fresh notification containing the draft proposals, thus taking the process forward culminating in a final notification. Therefore, as long as the final notification has not been WPC 26431/19 & con. Cases 55 published by the MoEF, the stipulation of the ten kilometre zone, as fixed by the Hon'ble Supreme Court, still continues to be relevant though there is no doubt that going by the final judgment in Goa Foundation, the Hon'ble Court has only found that a quarry within one kilometre is prohibited and that such activities can be allowed beyond the said limit. 23. On a conjoint reading of all these orders and the judgment of the Hon'ble Supreme Court and particularly in the background of the interim order issued by the Hon'ble Court in M/s.HINDALCO matter, it is ineluctable that while a quarry can be permitted to operate beyond a kilometre of the Wildlife Sanctuary/National Park, its requirement to obtain a clearance from the Standing Committee, operates independently as long as the final notification under Section 5 of the Environment (Protection) Act, 1986 has not been issued. 24. I am, consequently, firm in my mind, being guided by the various orders that I have already discussed above, that the prescription for obtaining the clearance from the Standing Committee still continues to be imperative and that it would not be justified for this Court to read down such requirements in any manner whatsoever. 25. The above being so concluded, the sole surviving question is whether the quarry should be allowed to operate during the period which the process as ordered in the Office Memorandum is to be WPC 26431/19 & con. Cases 56 completed. I have given this a great amount of thought and I have also heard the learned counsel for the petitioners extensively on this issue. While they assert that there is no justification for continuing the interdiction for their quarrying activities pending the afore process, I am of the view that time bound directions would be better suited in the circumstances involved in these matters, rather than vacating the interdiction at this stage. I am persuaded to this course because the petitioners were operating their quarries on the basis of valid mining leases and Environmental Clearances, but were stopped from doing so by the concerned Geologist solely on account of the Office Memorandum which, in its strictest interpretation, would apply only to the case of a person who is applying for an Environmental Clearance to start a project. However, since I have already held that notwithstanding the Office Memorandum, the requirement of obtaining a clearance from the Standing Committee even by the persons who are already operating the quarries on the strength of the clearances obtained is implicit from the orders of the Hon'ble Supreme Court, I am of the view that the present status has to be continued for a period that I propose herein within which time consultation with the Standing Committee can be then completed. 26. This now brings me to the stage of final directions in these cases and I am aware that in three writ petitions, the petitioners WPC 26431/19 & con. Cases 57 claim that they are not obligated to apply for Environmental Clearances or to obtain the same in view of the judgment of this Court in **All Kerala River Protection Council v. State of Kerala** (2015 (2) KLT 78), since their leases are prior to 18.05.2012. I, therefore, asked the learned Additional Advocate General as to how these matters will be referred to the MoEF and he answered that a suitable file will be opened, containing all the details, including the copies of the mining leases and that same can be then forwarded to the MoEF. He further submitted that such files and that of the other petitioners, which will contain their Environmental Clearances and all other relevant documents, can be forwarded to the MoEF within a period of two weeks from the date of receipt of a copy of this judgment. Resultantly, these writ petitions are ordered in the following manner: 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 WPC 26431/19 & con. Cases 58 the petitioners to make available their 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) In the case of W.P.(C)Nos.28014/2019, 28913/2019, 29336/2019 and 29654/2019, since the petitioners therein assert that they are operating their quarries on the basis of a mining lease prior to 18.05.2012, the Government will forward a file of theirs - recording that they have not obtained Environmental Clearances for this reason - but containing all other relevant documents, including the Mining Lease and Plan, as the case may be and if this is done, it will be construed by the MoEF to be in compliance with the directions in this judgment. 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 WPC 26431/19 & con. Cases 59 recommendations, as per the interim order of the Hon'ble Supreme Court in **Goa Foundation** ((2011) 15 SCC 791) 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 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 petitioners will, thereupon, be entitled to commence their activities as per the Environmental Clearances and the Mining Leases obtained by them. 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 petitioners will be entitled to operate their quarries depending upon the said notification and as per the stipulations therein. By way of a further clarification, I order that the afore directions and the operation of the stop memos, as against the WPC 26431/19 & con. Cases 60 petitioners, will be only with respect to their 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 them, thereby to mean that they can continue to operate them, notwithstanding the stop memos issued by the Geologists, subject to further orders to be issued by the Standing Committee. As far as W.P.(C)No.28036/2019 is concerned, though the afore directions will apply to it, since the petitioner therein submits that his application for mining lease has also been kept pending by the Government of Kerala on account of the Office 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/Devan Ramachandran, Judge tkv WPC 26431/19 & con. Cases 61 ## **APPENDIX OF WP(C) 26431/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.6426/M3/ 2019 DATED 17.09.2019 OF THE 2ND RESPONDENT. EXHIBIT P1 (a) TRUE COPY OF OM NO.F.22-43/2018 IA-III DATED 08.08.2019. EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT RENEWED BY THE GEOLOGIST, KANNUR ON 18.07.2019. EXHIBIT P3 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.14/2017 ISSUED ON 01.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE DISTRICT ENVIRONMENTAL AUTHORITY. EXHIBIT P4 TRUE COPY OF THE CONSENT VARIATION ORDER DATED 20.05.2016, THE CONSENT VARIATION ORDER WAS ISSUED ON 07.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE POLLUTION CONTROL BOARD. EXHIBIT P5 TRUE COPY OF EXPLOSIVE LICENCE VIDE ORDER DATED 06.09.2016 FOR A PERIOD OF THREE YEARS. THE SAME WAS RENEWED ON 07.02.2019 VALID UPTO 31.03.2014 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES. EXHIBIT P6 TRUE COPY OF THE LICENCE TO POSSESS THE EXPLOSIVES FROM THE MAGAZINE VALID UPTO 31.03.2024. EXHIBIT P7 TRUE COPY OF THE D & O LICENCE NO.A3. 1080/19 DATED 03.04.2019 VALID UPTO 31.03.2020 ISSUED BY THE KANICHAR PANCHAYAT. EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE/ AUTHORIZATION/REGISTRATION OF THE STONE CRUSHER UNIT ISSUED BY THE POLLUTION CONTROL BOARD ON 20.09.2017 VALID UPTO 10.05.2020. EXHIBIT P9 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED ON 21.04.2018 ISSUED BY THE POLLUTION CONTROL BOARD.** WPC 26431/19 & con. Cases 62 **EXHIBIT P10** **TRUE COPY OF THE D & O LICENCE RENEWED FOR RUNNING STONE CRUSHER UNIT ON 04.04.2018.** **EXHIBIT P11 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF 24TH EXPERT COMMITTEE MEETING ON ECO-SENSITIVE ZONES MET ON 27TH & 28TH FEB 2017.** **EXHIBIT P12 TRUE COPY OF ORDER DATED 26.11.2018 IN WPC NO.30042/2018 OF THIS HONOURABLE COURT.** **EXHIBIT P13 TRUE COPY OF THE ORDER DATED 21.03.2019 IN WPC NO.30042/2018 OF THIS HONOURABLE COURT.** **EXHIBIT P14 TRUE COPY OF THE RELEVANT PORTION OF THE ENVIRONMENT (PROTECTION) RULES, 1986** **EXHIBIT P15 TRUE COPY OF THE NOTIFICATION GSR 513(E) DATED 28.6.2012** **EXHIBIT P16 TRUE COPY OF THE STOP MEMO ISSUED ON 14.10.2019 BY THE FOURTH RESPONDENT** ## **RESPONDENT'S EXHIBITS:** **ANNEXURE R5(A) TRUE COPY OF THE LETTER SENT TO 3RD RESPONDENT DATED 05.05.2017** **ANNEXURE R5(B) TRUE COPY OF THE LETTER DATED 16.11.2017** **ANNEXURE R5(C) TRUE COPY OF DEMI OFFICIAL LETTER D.O.NO.25/108/ 2015-ESZ DATED 19.12.2007 TOGETHER WITH LIST OF NOTIFICATIONS SENT TO Dr.K.M.ABRAHAM, THE CHIEF SECRETARY, GOVERNMENT OF KERALA** ## **/TRUE COPY/** **P.S. TO JUDGE** WPC 26431/19 & con. Cases 63 ## **APPENDIX OF WP(C) 37907/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE D & O LICENSE DATED 10.4.2018 ISSUED BY THE PERINGOTTUKURISSI GRAMA PANCHAYAT TO THE PETITIONER, WHICH IS VALID UP TO 31.3.2019** - **EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO DIA/KL/PL/16/2017 DATED 5.3.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALAKKAD.** **EXHIBIT P3 TRUE COPY OF THE EXPLOSIVES LICENSE DATED 21.3.2018 ISSUED BY THE PETROLEUM EXPLOSIVES SAFETY ORGANIZATION (PESO), GOVERNMENT OF INDIA.** - **EXHIBIT P4 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 31.3.2018** - **EXHIBIT P5 TRUE COPY OF THE QUARRYING PERMIT DATED 7.5.2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** - **EXHIBIT P6 TRUE COPY OF APPLICATION FOR QUARRYING PERMIT DATED 24.9.2018 SUBMITTED BY THE PETITIONER, ALONG WITH THE CHALAN REMITTING RS.1000/- BEARING THE RENEWAL FEE.** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 13.6.2018 IN WPC NO 40525 OF 2017 OF THIS HON'BLE COURT.** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 25.6.2018 IN WA NO 1201 OF 2018 OF THIS HON'BLE COURT.** - **EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 13.9.2018 IN WPC NO 30042 OF 2018 OF THIS HON'BLE COURT.** **EXHIBIT P10 TRUE COPY OF THE NOTIFICATION DATED 7.12.2015 ISSUED BY THE GOVERNMENT OF INDIA CONCERNING THE CHULANNUR PEAFOWL SANCTUARY.** WPC 26431/19 & con. Cases 64 - **EXHIBIT P11 TRUE COPY OF THE COMMON JUDGMENT DATED 25.9.2018 IN APPEAL NO 15/2017 AND OTHER CONNECTED APPEALS OF THE NATIONAL GREEN TRIBUNAL.** - **EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED 9.8.2018 ISSUED TO THE DIVISIONAL FOREST OFFICER, NENMARA, BY THE RANGE FOREST OFFICER, ALATHUR RANGE.** - **EXHIBIT P13 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08/08/2019 THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE OF THE GOVERNMENT OF INDIA** - **EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 20/07/2019 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, CHENNAI** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a) A TRUE COPY OF THE OFFICE MEMORANDUM DATED 01.12.2009** **EXHIBIT R4(b) A TRUE COPY OF THE OFFICE MEMORANDUM DATED 20.08.2014** **EXHIBIT R4(c) A TRUE COPY OF THE COMMUNICATION ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST DATED 15.03.2011** ## **/TRUE COPY/** ## **P.S. TO JUDGE** WPC 26431/19 & con. Cases 65 ## **APPENDIX OF WP(C) 26611/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 23.06.2017 VALID TILL 22.06.2027 ISSUED TO THE PETITIONER.** **EXHIBIT P1 (a) TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 30.04.2020.** - **EXHIBIT P1 (b) TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT VALID TILL 31.01.2024.** - **EXHIBIT P1 (c) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE KUTHANUR GRAMA PANCHAYAT FOR OPERATING THE QUARRY.** - **EXHIBIT P1 (d) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE KUTHANUR GRAMA PANCHAYAT FOR OPERATING THE CRUSHER UNIT.** - **EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 31.03.2017 VALID TILL 30.03.2022 ISSUED BY THE SEIAA.** - **EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 19.09.2019 WITH NO.5421/M3/2019 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 04.06.2019 WITH NO.DOP/1288/2019/A1 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT.** - **EXHIBIT P4 (a) TRUE COPY OF THE LETTER DATED 29.06.2019 WITH NO.WL3-1084/2018 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WP(C) NO.40525/2017 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P5 (a) TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A.NO.1201/2018 ON THE FILES OF THIS HON'BLE COURT.** WPC 26431/19 & con. Cases 66 ## **EXHIBIT P6** **TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.12.2009 WITH NO.J-11013/41/2006-IA.II(I) ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P7** **TRUE COPY OF THE NOTIFICATION DATED 07.12.2015 WITH S.O.3327(E) ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P8** **TRUE COPY OF THE PRINTOUT FROM THE WEBSITE OF THE 2ND RESPONDENT SHOWING RECEIPT OF THE PROPOSAL SUBMITTED BY THE PETITIONER ON 16.07.2016.** **EXHIBIT P9** - **TRUE COPY OF THE ORDER DATED 11.12.2018 IN WP(C) NO.202/1995 ON THE FILES OF THE HON'BLE SUPREME COURT.** **EXHIBIT P10** **TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 WITH F.NO.22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT.** ## **RESPONDENT'S EXHIBITS:** **ANNEXURE R1(a) A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 24[th] EXPERT COMMITTEE MEETING FOR THE DECLARATION OF ECOSENSITIVE ZONE (ESZ) AROUND WILD LIFE SANCTUARIES/NATIONAL PARKS HELD DURING 27[th] AND 28[th] FEBRUARY, 2017 IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE AT INDIRA PARYAVARAN BHAWAN, NEW DELHI HELD ON 27.02.2017 AND 28.02.2017** **ANNEXURE R1(b) A TRUE COPY OF THE LETTER BY THE SECRETARY TO GOVERNMENT OF OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 19.12.2017** ## **/TRUE COPY/** ## **P.S. TO JUDGE** WPC 26431/19 & con. Cases 67 ## **APPENDIX OF WP(C) 27299/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE QUARRYING LEASE DATED 02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 1.8485 HECTARES OF LAND** - **EXHIBIT P2 A TRUE COPY OF THE QUARRYING LEASE DATED 02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 2.6102 HECTARES OF LAND** - **EXHIBIT P3 A TRUE COPY OF THE QUARRYING LEASE DATED 02.05.2012 VALID UPTO 01.04.2024 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 2.4282 HECTARES OF LAND** - **EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS DATED 30.04.2019 OF THE FOURTH RESPONDENT AMALGAMATING EXHIBIT P1 TO P3 QUARRYING LEASE** - **EXHIBIT P5 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 05.12.2014 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY TO THE PETITIONER FOR AN AREA EXTENDING TO 9.4778 HECTARES OF LAND COMPRISED IN SURVEY NO.35/2 PT, 35/3 AND 41 PT OF ERIMAYUR-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTICT** - **EXHIBIT P6 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 18.01.2018 VALID UPTO 5.12.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR TWO OF THE QUARRIES COMPRISED IN SURVEY NO.35/2 EXTENDING TO 5.9688 HECTARES OF LAND IN ERIMAYUR-I VILLAGE OF ALATHUR TALUK** **EXHIBIT P7** **A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.07.2017 VALID UPTO 30.06.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER** WPC 26431/19 & con. Cases 68 **FOR TWO OF THE QUARRIES COMPRISED IN SURVEY NO.35/3 EXTENDING TO 0.9181 HECTARES OF LAND IN ERIMAYUR-I VILLAGE OF ALATHUR TALUK** **EXHIBIT P8 A TRUE COPY OF THE CONSENT VARIATION ORDER DATED 30.05.2018 VALID UPTO 30.06.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT OF THE PETITIONER** **EXHIBIT P9 A TRUE COPY OF THE D AND O LICENSE ISSUED BY THE SECRETARY, ERIMAYUR GRAMA PANCHAYAT DATED 29.3.2019 FOR OPERATING THE QUARRY OF THE PETITIONER FOR THE FINANCIAL YEAR 20192020** - **EXHIBIT P10 A TRUE COPY OF THE D AND O LICENSE ISSUED BY THE SECRETARY, ERIMAYUR GRAMA PANCHAYAT DATED 29.03.2019 FOR OPERATING THE CRUSHER UNIT OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020** - **EXHIBIT P11 A TRUE COPY OF THE STOCK REPORT OF THE PETITIONER'S CRUSHER UNIT DATED 05.10.2019** - **EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 19.09.2019 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER** **EXHIBIT P13 A TRUE COPY OF THE INTERIM ORDER DATED 04.12.2006 PASSED BY THE HONOURABLE APEX COURT IN WP(C)NO.460/2004 IN GOA FOUNDATION V. UNION OF INDIA** - **EXHIBIT P14 A TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WP(C)NO.40525 OF 2017 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT** - **EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 COURT IN WA NO.1201 OF 2018 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT** - **EXHIBIT P16 A TRUE COPY OF THE OFFICE MEMORANDUM NO.F.NO.22-43/2018-IA III DATED 08.08.2019** - **EXHIBIT P17 A TRUE COPY OF THE DRAFT NOTIFICATION DATED 07.12.2015 ISSUED BY THE FIRST RESPONDENT** WPC 26431/19 & con. Cases 69 **PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY** **EXHIBIT P18 A TRUE COPY OF THE ONLINE APPLICATION DATED 09.08.2018 SUBMITTED BY THE PETITIONER TO THE WEBSITE OF THE FIRST RESPONDENT** ## **RESPONDENT'S EXHIBITS:** **ANNEXURE R7(a) TRUE COPY OF THE LETTER NO.F.NO.J-11013/41/2006IA-II(I) OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 20.08.2009** ## **/TRUE COPY/** **P.S. TO JUDGE** WPC 26431/19 & con. Cases 70 ## **APPENDIX OF WP(C) 27320/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE QUARRYING LEASE DATED 29.08.2017 VALID UPTO 28.08.2029 EXECUTED BETWEEN THE STATE GOVERNMENT AND THE PETITIONER FOR AN AREA EXTENDING TO 4.7664 HECTARES OF LAND.** **EXHIBIT P2** **A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 29.07.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PALAKKAD TO THE PETITIONER TO CARRY OUT QUARRYING OPERATIONS FOR MINING BUILDING STONES IN 4.7664 HECTARES OF LAND COMPRISED IN RE-SURVEY NOS.119/10T (119/1-2), 118/1PT, 118/2PT, 118/3PT OF VANDAZHI-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT.** - **EXHIBIT P3 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 16.08.2017 VALID UPTO 30.04.2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER FOR THE QUARRY COMPRISED IN 119/10T (119/12), 118/2PT, 118/3PT OF VANDAZHI-I VILLAGE IN ALATHUR TALUK OF PALAKKAD DISTRICT EXTENDING TO 4.7664 HECTARES OF LAND.** - **EXHIBIT P4 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE-RENEWAL DATED 04.06.2018 VALID UPTO 30.06.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT OF THE PETITIONER.** - **EXHIBIT P5 A TRUE COPY OF THE D& O LICENSE ISSUED BY THE SECRETARY, VANDAZHI GRAMA PANCHAYAT DATED 01.04.2019 FOR OPERATING THE QUARRY OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020** - **EXHIBIT P6 A TRUE COPY OF THE D&O LICENSE ISSUED BY THE SECRETARY, VANDAZHI GRAMA PANCHAYAT DATED 16.07.2019 FOR OPERATING THE CRUSHER UNIT OF THE PETITIONER FOR THE FINANCIAL YEAR 2019-2020** WPC 26431/19 & con. Cases 71 **20.07.2004 RENEWED AND EXTENDED UPTO 31.03.2021 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI TO THE PETITIONER.** **EXHIBIT P8 A TRUE COPY OF THE STOCK REPORT OF THE PETITIONER'S CRUSHER UNIT DATED 13.10.2019.** **EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 19.09.2019 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.** - **EXHIBIT P10 A TRUE COPY OF THE INTERIM ORDER DATED 04.12.2006 PASSED BY THE HON'BLE APEX COURT IN W.P.(C) NO.460 OF 2004 IN GOA FOUNDATION V. UNION OF INDIA.** - **EXHIBIT P11 A TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN W.P.(C) NO.40525 OF 2017 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT.** - **EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 25.06.2018 COURT IN W.A. NO.1201 OF 2018 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT.** - **EXHIBIT P13 A TRUE COPY OF THE OFFICE MEMORANDUM NO.F. NO.22-43/2018-IA.III DATED 08.08.2019.** - **EXHIBIT P14 A TRUE COPY OF THE DRAFT NOTIFICATION DATED 03.03.2016 ISSUED BY THE FIRST RESPONDENT PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY.** - **EXHIBIT P15 A TRUE COPY OF THE ONLINE APPLICATION DATED 09.10.2019 SUBMITTED BY THE PETITIONER TO THE WEBSITE OF THE FIRST RESPONDENT.** ## **RESPONDENT'S EXHIBITS:** **ANNEXURE R7(a) TRUE COPY OF THE LETTER DATED 20.08.2014 OF THE FIRST RESPONDENT** **ANNEXURE R7(b) TRUE COPY OF THE LETTER NO.F.NO.J-11013/41/2006IA-II(I) OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE DATED 01.12.2009** WPC 26431/19 & con. Cases 72 ## **APPENDIX OF WP(C) 27914/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF QUARRYING LEASE DATED 22.05.2017 EXECUTED BETWEEN THE GOVERNMENT OF KERALA AND THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 21.09.2018 ISSUED BY THE KERALA POLLUTION CONTROL BROAD TO THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF D & O LICENCE NO. A4-228/19-20 DATED 27.03.2019 ISSUED BY THE SECRETARY, PAZHAYANNUR GRAM PANCHAYAT TO THE PETITIONER.** **EXHIBIT P4 TRUE COPY OF THE D & O LICENCE NO. A4227/19 DATED 27.03.2019 ISSUED BY THE SECRETARY, PAZHAYANNUR GRAM PANCHAYATH TO THE PETITIONER.** **EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.167/Q/2016 AS PER ORDER NO.900/SEIAA/ EC1/3461/2015 DATED 16.12.2016 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KERALA TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE EXPLOSIVE LICENSE, NO. E/SC/KL/22/1721 (E77117) DATED 27.02.2019 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE, ENRAKULAM TO THE PETITIONER. EXHIBIT P TRUE COPY OF THE MOVEMENT PERMIT NO. THR/QL/2017/1/MP-14/2019/27498 DATED 26.08.2019 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER NO.767/2016-17/ 7979/M3/2015 DATED 02.03.2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P9 TRUE COPY OF THE FORM-L REGISTRATION CERTIFICATE ISSUED TO A REGISTERED METAL CRUSHER UNIT NO.63/2019-20/RMCU/TSR/2715/ M3/209 DATED 20.03.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.** WPC 26431/19 & con. Cases 73 ## **EXHIBIT P10** **TRUE COPY OF THE CIRCULAR NO. W.L.31084/2018 DATED 29.06.2019 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE NOTICE NO.1991/C2/TDO/18 DATED 10.10.2019 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.** - **EXHIBIT P12 TRUE COPY OF INTERIM ORDER PASSED IN WPC NO.40525/2017 DATED 13.06.2018 BY THE HONBLE HIGH COURT OF KERALA, ERNAKULAM.** - **EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A NO.1201/2018 OF THE HONBLE HIGH COURT OF KERALA, ERNAKULAM.** - **EXHIBIT P14 TRUE COPY OF OFFICE MEMORANDUM NO.J-11013/ 41/2006-IA-II(I) DATED 02.12.2009 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF THE NOTIFICATION DATED 07.12.2015 WITH S.O.NO.3327(E) ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P16 TRUE COPY OF THE APPLICATION DATED 06.05.2019 SUBMITTED BY THE PETITIONER THOROUGH 7TH RESPONDENT FOR OBTAINING CLEARANCE FROM THE 2NF RESPONDENT.** - **EXHIBIT P17 TRUE COPY OF THE ORDER IN WPC NO.202/1995 DATED 11.12.2018 OF THE HONBLE SUPREME COURT.** - **EXHIBIT P18 TRUE COPY OF OFFICE MEMORANDUM F.NO.22-43/ 2018-IA III DATED 08.08.2019 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P19 TRUE COPY OF THE JUSTIFICATION REPORT AND PROPOSAL FOR ESZ DATED 02.02.2019 SENT BY THE 5TH RESPONDENT.** - **EXHIBIT P20 TRUE COPY OF LETTER DATED 11.10.2019 SENT BY 7TH RESPONDENT TO THE PETITIONER.** - **EXHIBIT P21 TRUE COPY OF THE COMMUNICATION NO. WL5(A)/ 4526/2018 DATED 20.07.2019 ISSUED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, CHENNAI.** WPC 26431/19 & con. Cases 74 ## **EXHIBIT P22** **TRUE COPY OF THE ORDER DATED 13.09.2018 IN WPC NO.30042/2018 OF THE HONBLE HIGH COURT OF KERALA, ERNAKULAM.** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 75 ## **APPENDIX OF WP(C) 28014/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE QUARRYING LEASE DATED 06.04.2011 ENTERED INTO BETWEEN THE STATE OF KERALA AND THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE NO.PCB/KKD/DO/ICO-R2/1182/2017 DATED 12.10.2017 ISSUED BY FAVOUR OF THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD.** **EXHIBIT P3 TRUE COPY OF THE D & O LICENSE DATED 13.4.2018 ISSUED IN FAVOUR OF THE PETITIONER FOR A PERIOD FROM 01.04.2018 TILL 12.11.2018 BY THE 6TH RESPONDENT PANCHAYAT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 14.3.2017 IN WPC NO. 11984/2016 OF THIS HONOURABLE COURT. EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13.11.2013 ISSUED BY THE CENTRAL GOVERNMENT UNDER SECTION 5 OF THE ENVIRONMENT (PROTECTION) ACT, 1986. EXHIBIT P5 (a) TRUE COPY OF THE OFFICE MEMORANDUM DATED 20.12.2013 ISSUED BY THE CENTRAL GOVERNMENT.** **EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.02.2014 IN APPEAL NO.29 OF 2013 PASSED BY THE NATIONAL GREEN TRIBUNAL.** **EXHIBIT P7 TRUE COPY OF THE LIT OF ECOLOGICALLY SENSITIVE AREA IN KAVILUMPARA VILLAGE IN KAVILUMPARA PANCHAYAT PREPARED BY THE KERLA BIODIVERSITY BOARD.** **EXHIBIT P8 TRUE COPY OF THE MEMORANDUM DATED 04.03.2014 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 10.03.2014 PUBLISHED BY THE MINISTRY OF ENVIRONMENTAL AND FOREST, NEW DELHI.** WPC 26431/19 & con. Cases 76 **EXHIBIT P10** **TRUE COPY OF THE JUDGMENT DATED 25TH SEPTEMBER, 2014 IN O.A.NO.26/2012 OF THE NATIONAL GREEN TRIBUNAL.** **EXHIBIT P11** - **TRUE COPY OF THE DRAFT NOTIFICATION DATED 4.09.2015 PUBLISHED BY THE MINISTRY OF ENVIRONMENTAL AND FOREST, NEW DELHI.** - **EXHIBIT P12** - **TRUE COPY OF THE NOTIFICATION DATED 27.02.2017 PUBLISHED BY THE MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI.** - **EXHIBIT P13** - **TRUE COPY OF THE ORDER DATED 8.9.2017 IN EXECUTION APPLICATION NO.16/2017 IN O.A. NO. 26/2012 OF THE NATIONAL GREEN TRIBUNAL.** - **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 24.08.2018 IN O.A. NO. 597/2018 OF THE NATIONAL GREEN TRIBUNAL.** - **EXHIBIT P15 TRUE COPY OF THE DRAFT NOTIFICATION DATED 03.10.2018 PUBLISHED BY THE MINISTRY OF ENVIRONMENT AND FOREST NEW DELHI.** - **EXHIBIT P16 TRUE COPY OF THE LETTER DT. 22.11.2018 SENT BY THE MEMBER SECRETARY, POLLUTION CONTROL BOARD TO THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KOZHIKDOE.** - **EXHIBIT P17 TRUE COPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE DATED 23/11/2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.** - **EXHIBIT P18 TRUE COPY OF THE RENEWED D & O LICENSE DATED 13/4/2018 ISSUED BY THE PANCHAYAT TO THE PETITIONER.** - **EXHIBIT P19 TRUE COPY OF THE G.O.(P) NO.26/2009/F & WLD DATED 5.6.2009.** - **EXHIBIT P20 TRUE COPY OF THE DRAFT NOTIFICATION DATED 31.12.2015 ISSUED BY THE CENTRAL GOVERNMENT.** **EXHIBIT P21 TRUE COPY OF THE GOOGLE EARTH MAP MARKING THE DISTANCE OF THE BOUNDARIES OF THE MALABAR WILDLIFE SANCTUARY, ECO SENSITIVE ZONES AND THE PETITIONERS QUARRY SITUATED.** WPC 26431/19 & con. Cases 77 **EXHIBIT P22 TRUE COPY OF THE COMMUNICATION DATED 16.11.2017 SENT BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (ESZ-DIVISION).** **EXHIBIT P23 TRUE COPY OF THE COMMUNICATION DATED 19TH DECEMBER, 2017 SENT BY THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE. EXHIBIT P24 TRUE COPY OF THE OFFICE MEMORANDUM DATED 2.12.2009. EXHIBIT P25 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019. EXHIBIT P26 TRUE COPY OF THE NOTICE DATED 9.10.2019 ISSUED BY THE GEOLOGIST TO SOME OF THE QUARRYING OPERATORS OF THE AREA. EXHIBIT P27 TRUE COPY OF THE NOTICE DATED 21.10.2019 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 78 ## **APPENDIX OF WP(C) 28036/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ORDERS 24/DEIAA/KL/MIN/9468/2017 DATED 09.01.2018** **EXHIBIT P2 TRUE COPY OF THE RENEWED EXPLOSIVE LICENSE NO.E/SC/KL/22/1369 (E65284) DATED 26.07.2018** **EXHIBIT P3 TRUE COPY OF THE LICENCE NO. DL342/A3/ 230/18 DATED 19.06.2018** **EXHIBIT P4 TRUE COPY OF THE CONSENT NO. PCB/KKD/DO/ ICO/R2/2355/2018 DATED 03.02.2018** **EXHIBIT P5 TRUE COPY OF THE MINING PLAN ISSUED BY THE GEOLOGIST TO THE PETITIONER** **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 18.8.2017 ISSUED BY THE GEOLOGIST TO THE PETITIONER** **EXHIBIT P7 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER PRODUCING COPIES OF THE DOCUMENTS TO THE GEOLOGIST EXHIBIT P8 TRUE COPY OF THE PETITIONER REPRESENTATION DATED 26-08-2019 TO THE DIRECTOR OF MINING AND GEOLOGY** **EXHIBIT P9 TRUE COPY OF THE REPLY DATED 26-08-2019 SENT BY THE DIRECTOR OF MINING AND GEOLOGY** **EXHIBIT P10 TRUE COPY OF THE G.O. (P) NO. 26/2009/F&WLD DATED 5-6-2009** **EXHIBIT P11 TRUE COPY OF THE DRAFT NOTIFICATION DATED 31-12-2015 ISSUED BY THE CENTRAL GOVERNMENT** **EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 16.11.2017 SENT BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (ESZDIVISION)** **EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 19TH DECEMBER, 2017 SENT BY THE SECRETARY,** WPC 26431/19 & con. Cases 79 **GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE** **EXHIBIT P14 TRUE COPY OF THE OFFICE MEMORANDUM DATED 2.12.2009** **EXHIBIT P15 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 ISSUED BY MINISTRY OF MINISTRY OF ENVIRONMENT AND FORESTS** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 80 ## **APPENDIX OF WP(C) 28877/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF RELEVANT PAGE OF THE QUARRYING LEASE EXECUTED IN RESPECT OF THE QUARRY OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT AUTHORITY.** |**EXHIBIT P2**|**TRUE COPY OF RELEVANT PAGES OF THE**<br>**ENVIRONMENTAL CLEARANCE ISSUED BY THE**<br>**COMPETENT AUTHORITY.**| |---|---| |**EXHIBIT P3**|**TRUE COPY OF THE LICENSE RENEWED FOR THE**| ||**PERIOD 2019-2020 IN RESPECT OF THE QUARRY**| ||**BY THE GRAMA PANCHAYAT.**| |**EXHIBIT P4**|**TRUE COPY OF THE LICENSE RENEWED FOR THE**| ||**PERIOD 2019-2020 IN RESPECT OF THE CRUSHER**| ||**UNIT ISSUED BY THE PANCHAYATH**| |**EXHIBIT P5**|**TRUE COPY OF NOTICE DATED 19.9.2019 ISSUED**| ||**BY THE DIRECTOR, MINING & GEOLOGY**| ||**DEPARTMENT.**| |**EXHIBIT P6**|**TRUE COPY OF OFFICE MEMORANDUM DATED**| ||**8.8.2019, REFERRED TO IN EXT.P5**| |**EXHIBIT P7**|**TRUE COPY OF JUDGMENT PASSED IN**| ||**W.A.NO.1201/2018, DATED 25.6.2018, WHICH IS**| ||**REFERRED TO IN EXT.P5**| |**EXHIBIT P8**|**TRUE COPY OF INTERIM ORDER DATED 13.6.2018**| ||**PASSED BY THE LEARNED SINGLE JUDGE IN**| ||**W.P(C) NO. 40525/2017**| |**EXHIBIT P9**|**TRUE COPY OF PRINT OUT OF WILD LIFE**| ||**CONSERVATION STRATEGY, 2002, TAKEN FROM THE**| ||**WEB.**| |**EXHIBIT P10**|**TRUE COPY OF NOTIFICATION DATED 28.7.2016**| ||**PUBLISHING THE DRAFT NOTIFICATION IN**| ||**RESPECT OF CHIMINI WILD LIFE SANCTUARY.**| |**EXHIBIT P11**|**TRUE COPY OF GOOGLE MAP WITH DISTANCE**| ||**LOCATED BASED ON LONGITUDE AND LATITUDE**| ||**WITH RESPECT TO THE UNIT OF THE PETITIONER**| ||**AND THE BOUNDARY OF CHIMINY WILD LIFE**| ||**SANCTUARY**| WPC 26431/19 & con. Cases 81 ## **APPENDIX OF WP(C) 28913/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE EXECUTED IN RESPECT OF THE QUARRY OF THE PETITIONER DT. 11.3.2009.** **EXHIBIT P2 TRUE COPY OF LICENSE, RENEWED FOR THE PERIOD 2019-2010 IN RESPECT OF THE QUARRY ISSUED BY THE GRAMA PANCHAYAT.** **EXHIBIT P3 TRUE COPY OF NOTICE DT. 5.10.2019 ISSUED BY THE 3RD RESPONDENT, GEOLOGIST.** **EXHIBIT P4 TRUE COPY OF OFFICE MEMORANDUM DATED 8.8.2019, REFERRED TO IN EXT. P3.** **EXHIBIT P5 TRUE COPY OF PRINT OUT OF WILD LIFE CONSERVATION STRATEGY, 2002, TAKEN FROM THE WEB.** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 82 ## **APPENDIX OF WP(C) 28938/2019** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE ORDER 17.09.2019 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY.** **EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DATED 08.05.2012 ISSUED IN FAVOUR OF THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE VALID UPTO 31.5.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF THE PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE SEIAA DATED 23.04.2016 GRANTING ENVIRONMENTAL CLEARANCE TO THE PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENCE ISSUED BY THE JOINT CONTROLLER OF EXPLOSIVE, SOUTH CIRCLE, CHENNAI DATED 1.12.2010 IN FAVOUR OF THE PETITIONER.** - **EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 2.5.2012 GRANTING QUARRYING LEASE TO THE PETITIONER BY THE DIRECTOR OF MINING AND GEOLOGY.** - **EXHIBIT P7 TRUE COPY OF THE D AND O LICENSE ISSUED TO THE PETITIONER BY THE MADAKKATHARA GRAMA PANCHAYATH.** - **EXHIBIT P8 TRUE COPY OF THE ORDER DATED 10.10.2019 ISSUED BY THE GEOLOGIST, DISTRICT OFFICER OF THE MINING AND GEOLOGY DEPARTMENT, THRISSUR.** - **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE REGISTERED METAL CRUSHER UNIT ASSOCIATION, OF WHICH THE PETITIONER IS A MEMBER THEREOF.** **EXHIBIT P10 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.** WPC 26431/19 & con. Cases 83 ## **APPENDIX OF WP(C) 29336/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DEED EXECUTED BY THE 1ST PETITIONER AND 3RD RESPONDENT DATED 5.3.2012.** **EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DEED EXECUTED BY THE 1ST PETITIONER AND THE 3RD RESPONDENT DATED 31.1.2011.** **EXHIBIT P3 TRUE COPY OF ORDER NO.12131/M2/2015 ISSUED BY DIRECTOR OF MINING AND GEOLOGY DATED 19.12.2016. EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY 4TH RESPONDENT TO 5TH RESPONDENT DATED 27.1.2014. EXHIBIT P5 TRUE COPY OF REPORT SUBMITTED BY 5TH RESPONDENT TO 4TH RESPONDENT DATED 28.2.2014. EXHIBIT P6 TRUE COPY OF INFORMATION ISSUED BY 6TH RESPONDENT UNDER R.I ACT DATED 5.12.2013. EXHIBIT P7 TRUE COPY OF LETTER ISSUED BY 4TH RESPONDENT TO PETITIONERS DATED 18.3.2014. EXHIBIT P8 TRUE COPY OF COVERING LETTER ACKNOWLEDGING RECEIPT OF APPLICATION SUBMITTED BY PETITIONERS FOR ENVIRONMENTAL CLEARANCE DATED 6.11.2014. EXHIBIT P9 TRUE COPY OF REMINDER LETTER GIVEN BY PETITIONERS TO 4TH RESPONDENT DATED 24.7.2018. EXHIBIT P10 TRUE COPY OF STOP MEMO ISSUED BY 3RD RESPONDENT TO PETITIONER DATED 21.10.2019.** ## **APPENDIX OF WP(C) 29622/2019** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**||**TRUE COPY OF THE QUARRYING LEASE DATED**| |---|---|---| |||**28.11.2011 VALID TILL 27.11.2021 RELATING TO**| |||**RE.SY.NO.62/3 ISSUED TO THE PETITIONER.**| |**EXHIBIT P1**|**(a)**|**TRUE COPY OF THE QUARRYING LEASE DATED**| |||**28.11.2011 VALID TILL 27.11.2021 RELATING TO**| |||**OTHER SURVEY NUMBERS ISSUED TO THE**| |||**PETITIONER.**| |**EXHIBIT P1**|**(b)**|**TRUE COPY OF THE CONSENT TO OPERATE THE**| |||**QUARRY VALID TILL 27.11.2021 ISSUED BY THE**| |||**POLLUTION CONTROL BOARD RELATING TO EXT.P1**| |||**LEASE.**| |**EXHIBIT P1**|**(c)**|**TRUE COPY OF THE CONSENT TO OPERATE THE**| |||**QUARRY VALID TILL 26.11.2021 ISSUED BY THE**| |||**POLLUTION CONTROL BOARD RELATING TO**| |||**EXT.P1(a) LEASE.**| |**EXHIBIT P1**|**(d)**|**TRUE COPY OF THE CONSENT TO OPERATE THE**| |||**CRUSHER UNTIL VALID TILL 28.02.2020.**| |**EXHIBIT P1**|**(e)**|**TRUE COPY OF THE D & O LICENSE FOR THE**| |||**PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL**| |||**GRAMA PANCHAYAT FOR OPERATING THE QUARRY.**| |**EXHIBIT P1**|**(f)**|**TRUE COPY OF THE D & O LICENSE FOR THE**| |||**PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL**| |||**GRAMA PANCHAYAT FOR OPERATING THE CRUSHER**| |||**UNIT.**| |**EXHIBIT P2**||**TRUE COPY OF THE ENVIRONMENTAL CLEARANCE**| |||**CERTIFICATE DATED 29.12.2017 VALID TILL**| |||**28.12.2022 ISSUED BY THE SEIAA.**| |**EXHIBIT P3**||**TRUE COPY OF THE NOTICE DATED 16.10.2019**| |||**WITH NO.2511/DOT/ML/19 ISSUED BY THE 6TH**| |||**RESPONDENT.**| |**EXHIBIT P4**||**TRUE COPY OF THE LETTER ISSUED BY THE ASST.**| |||**WILDLIFE WARDEN PEPPARA WILDLIFE SANCTUARY**| |||**TO THE 5TH RESPONDENT.**| |**EXHIBIT P5**||**TRUE COPY OF THE INTERIM ORDER DATED**| |||**13.06.2018 IN WP(C) NO.40525/2017 ON THE**| |||**FILES OF THIS HON'BLE COURT.**| |**EXHIBIT P5**|**(a)**|**TRUE COPY OF THE JUDGMENT DATED 25.06.2018**| |||**IN W.A.NO.1201/2018 ON THE FILES OF THIS**| |||**HON'BLE COURT.**| WPC 26431/19 & con. Cases 85 **EXHIBIT P6** **TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.12.2009 WITH NO.J-11013/41/2006-IA.II(I) ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 28.07.2016 WITH S.O.2633(E) ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 11.12.2018 IN WP(C) NO.202/1995 ON THE FILES OF THE HON'BLE SUPREME COURT.** **EXHIBIT P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 WITH F.NO.22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT.** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 86 ## **APPENDIX OF WP(C) 29654/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 10.01.2011 VALID TILL 21.02.2021 ISSUED TO THE PETITIONER.** **EXHIBIT P1 (a) TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY VALID TILL 21.02.2021 ISSUED BY THE POLLUTION CONTROL BOARD.** **EXHIBIT P1 (b) TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT VALID TILL 30.06.2023.** **EXHIBIT P1 (c) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE QUARRY. EXHIBIT P1 (d) TRUE COPY OF THE D & O LICENCE FOR THE PERIOD 2019-20 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE CRUSHER UNIT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 10.10.2019 WITH NO. 1991/C2/TDO/18 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 13.06.2018 IN WPC NO.40525/2017 ON THE FILES OF THIS HONBLE COURT. EXHIBIT P3 (a) TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.A. NO. 1201/2018 ON THE FILES OF THIS HONBLE COURT. EXHIBIT P4 TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.12.2009 WITH NO. J-110134/41/2006-IA. II (I) ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 03.03.2016 WITH S.O.657 (E) ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 11.12.2018 IN WPC NO. 202/1995 ON THE FILES OF THE HONBLE SUPREME COURT.** WPC 26431/19 & con. Cases 87 ## **EXHIBIT P7** **TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 WITH F.NO.22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT.** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 88 ## **APPENDIX OF WP(C) 29971/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 16.03.2011 VALID TILL 15.3.2023 ISSUED TO THE PETITIONER** - **EXHIBIT P1 (a) TRUE COPY OF THE CONSENT DATED 10.5.2017 VALID TILL 30.6.2020 ISSUED BY THE POLLUTION CONTROL BOARD.** - **EXHIBIT P1 (b) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE UZHAMALACKAL GRAMA PANCHAYAT FOR OPERATING THE QUARRY** - **EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 4.4.2017 ISSUED BY THE DEIAA** - **EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 16.10.2019 WITH NO 2511/DOT/ML/19 ISSUED BY THE 6TH RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE ASST. WILDLIFE WARDEN, PEPPARA WILDLIFE SANCTUARY TO THE 5TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 13.6.2018 IN WPC NO 40525/2017ON THE FILES OF THIS HON'BLE COURT EXHIBIT P5 (a) TRUE COPY OF THE JUDGMENT DATED 25.6.2018 IN WA NO 1201/2018 ON THE FILES OF THIS HON'BLE COURT** **EXHIBIT P6 TRUE COPY OF THE OFFICE MEMORANDUM DATED 2.12.2009 WITH NO J-11013/41/2006-IA.II(I) ISSUED BY THE 1ST RESPONDENT** - **EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 28.7.2016 WITH SO 2633(E) ISSUED BY THE 1ST RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE ORDER DATED 11.12.2018 IN WPC NO 202/1995 ON THE FILES OF THE HON'BLE SUPREME COURT** WPC 26431/19 & con. Cases 89 **EXHIBIT P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 8.8.2019 WITH F.NO 22-43/2018-IA.III ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 TRUE COPY OF GO(K) NO 29/2019/FOREST DATED 31.10.2019 ISSUED BY THE 3RD RESPONDENT** /TRUE COPY/ P.S. TO JUDGE WPC 26431/19 & con. Cases 90 ## **APPENDIX OF WP(C) 30450/2019** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE QUARRYING LEASE DATED 18.01.2018 VALID TILL 17.10.2028 ISSUED TO THE PETITIONER BY RESPONDENT 3.** - **EXHIBIT P1 (a) TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE THE QUARRY ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 31.12.2020.** - **EXHIBIT P1 (b) TRUE COPY OF THE RENEWED CONSENT ISSUED BY THE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER VALID TILL 30.06.2023.** - **EXHIBIT P1 (c) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2019-20 ISSUED BY THE PANJAL GRAMA PANCHAYAT FOR OPERATING THE QUARRY AND CRUSHER UNIT.** - **EXHIBIT P1 (d) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY RESPONDENT 4.** - **EXHIBIT P1 (e) TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION.** - **EXHIBIT P1 (f) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 18.05.2017 VALID FOR A PERIOD OF 5 Y,EARS ISSUED BY THE SEIAA.** - **EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 10.10.2019 WITH NO 1991/C2/TDO/18 ISSUED BY 6TH RESPDOEENNT.** **EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DAD 03.03.2016 WITH S.O. 657 (E) ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P3 (a) COPY OF ORDER IN FILE NO. FWLD D2/46/2019FWLD DATED 31.10.2019 PASSED BY THE 2ND RESPONDENT.** **EXHIBIT P4 TRUE COPY OF THE OFFICE MEMORANDUM DATED 08.08.2019 WITH F.NO. 22-43/2018-IA III ISSUED BY THE 1ST RESPONDENT.** WPC 26431/19 & con. Cases 91 **EXHIBIT P5 TRUE COPY OF THE PRINTOUT FROM THE WEBSITE OF THE 2ND RESPONDENT SHOWING RECEIPT OF THE PROPOSAL SUBMITTED BY THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 29.06.2019 WITH NO. WL3-1084/2018 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P7 COPY OF NOTIFICATION NO. F. NO. 1-9/2007 WL-1 (pt) DATED 09.02.2011 ISSUED BY 1ST RESPONDENT. EXHIBIT P8 PARIVESH" USER MANUAL FOR ONLINE SUBMISSION AND MONITORING OF ENVIRONMENTAL, FORESTS AND WILDLIFE CLEARANCE, AS ACCESSED AT https://parivesh.nic.in/** /TRUE COPY/ P.S. TO JUDGE