WP(C).Nos. 14612 of 2014 and 3692 of 2015: Kinfra Industries Chamber & others v. State of Kerala & others; Essen Fooddies India Pvt Ltd v. Union of India & others

1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940** ## **WP(C).No. 14612 of 2014** ## **PETITIONER/S:** **1 KINFRA INDUSTRIES CHAMBER, KAKKANCHERRY(KICK), MALAPPURAM-673635, REPRESENTED BY ITS PRESIDENT MUJEEB K.** **2 M.M. ABDUL LATHEEF AGED 1 YEARS SECRETARY, KINFRA INDUSTRIES CHAMBER, KAKKANCHERRY (KICK), MALAPPURAM-673635.** **3 HARILAL K. AGED 1 YEARS A1 MUDRA APARTMENTS ERANJI PALAM, CIVIL STATION P.O., KOZHIKODE. BY ADVS. SRI.K.RAMAKUMAR (SR.) SMT.AMMU CHARLES SMT.ASHA BABU SRI.M.MANOJKUMAR (CHELAKKADAN) SRI.S.M.PRASANTH** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE SECRETARY TO DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **3 THE MANAGING DIRECTOR, KERALA INDUSTSRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), KINFRA HOUSE, 14/1026, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.** 2 **WP(C).No. 14612 of 2014** - **4 THE MANAGER, KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), KAKKANCHERY, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT-673635.** - **5 THE MALABAR GOLD PRIVATE LIMITED, 41/2299, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, CALICUT-673004.** - **6 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FOOD PROCESSING OF INDIA, NEW DELHI-110001.** - **7 ADDL. R7. THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, PERINTHALMANNA ROAD, KUNNUMMEL P.O., MALAPPURAM -676505, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER.** **ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED 08/04/2016 IN IA NO. 7714/14.** - **8 ADDL. R8. THE NATIONAL ENVIRONMENTAL ENGINEERING RESEARCH INSTITUTE (NEERI), NEHRU MARG, NAGPUR -440020.** **SUO MOTU IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED 08/04/2016.** **BY ADVS. SR.GOVERNMENT PLEADER E.S.ASHRAF** **SRI.P.BENNY THOMAS SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.GILBERT GEORGE CORREYA SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI. M.AJAY SC KERALA STATE POLLUTION CONTROL BOARD SRI.M.GOPIKRISHNAN NAMBIAR SRI.M.JITHESH MENON SRI.P.GOPINATH** ## **SRI. T.NAVEEN SC KERALA STATE POLLUTION CONTROL BOARD** ## **OTHER PRESENT:** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.07.2018, ALONG WITH WP(C).3692/2015, THE COURT ON 14.11.2018 DELIVERED THE FOLLOWING:** 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940** **WP(C).No. 3692 of 2015** ## **PETITIONER/S:** **M/S.ESSEN FOODDIES INDIA PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT HOUSE NO.1084A, KOTTAKATTU HOUSE, PAYIKKUZHY P.O., OACHIRA, KOLLAM690 526, REP. BY ITS DIRECTOR DR.M.ANIRUDHAN, S/O.SEKHARAN, AGED 72.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.THOMAS P.KURUVILLA** ## **RESPONDENT/S:** |**1**|**UNION OF INDIA,**| |---|---| ||**REP. BY ITS SECRETARY, MINISTRY OF FOOD PROCESSINF,**| ||**NEW DELHI-110 001.**| |**2**|**THE STATE OF KERALA,**| ||**REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES**| ||**DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695**| ||**001.**| |**3**|**THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT**| ||**CORPORATION KINFRA,**| ||**KINFRA HOUSE, 31/2312. SASTHAMANGALAM, TRIVANDRUM-695**| ||**010, REP. BY ITS MANAGING DIRECTOR.**| |**4**|**THE MANAGER,**| ||**THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT**| ||**CORPORATION (KINFRA), KAKKANCHERY, CALICUT UNIVERSITY**| ||**P.O., MALAPPURAM DISTRICT, PIN-673 635.**| |**5**|**THE MALABAR GOLD PRIVATE LTD.,**| ||**41/2299, 3RD FLOOR, RAM MOHAN ROAD, PUTHIYARA P.O.,**| ||**CALICUT-673 004.**| 4 ## **WP(C).No. 3692 of 2015** - **6 THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., TRIVANDRUM-695 004.** - **7 THE ENVIRONMENTAL ENGINEER DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM-676 505.** - **8 ADDL. R8. THE NATIONAL ENVIRONMENTAL ENGINEERING, RESEARCH INSTITUTE (NEERI), NEHRU MARG, NAGPUR - 440020.** **SUO MOTU IMPLEADED AS ADDITIONAL R8 ASPER ORDER DATED 08/04/2016.** **BY ADVS. SRI.K.M.ANEESH SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD SRI.NAVEEN.T SRI.P.BENNY THOMAS SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.KURYAN THOMAS** **SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2018, ALONG WITH WP(C).14612/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **ANU SIVARAMAN, J. ----------------------------------------------W.P(C).Nos. 14612 of 2014 & W.P(C).No.3692 of 2015 ----------------------------------------------Dated this the 14[th] day of November, 2018** ## **JUDGMENT** The challenge in both these writ petitions is with regard to allotment of a plot of land to the 5[th] respondent in W.P(C).No.14612 of 2014. The contention of the petitioners is that the allotment of land is in a food park. It is contended that the allotment of 2.25 acres of land for a highly polluting industry in an industrial park, which is established for the purpose of food manufacturing and allied industries, is completely violative of the very purpose for which the industrial park is set up. Relying on the decisions of the Apex Court in _**Vellor's Welfare Forum v. Union of India and others**_ [(1996)5 SCC 647] and _**Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India**_ [(2012)8 SCC 326], it is contended that a general area attached to a food processing park cannot be used for a highly polluting industry like a gold manufacturing unit which uses extremely toxic materials. It is stated that the original proposal submitted by the 5[th] respondent was admittedly for an industry in the red category and the grant of integrated consent treating the unit as a green category is completely 6 violative of the categorisation provided in Rule 12 of the Prevention and Control of Pollution (Uniform Consent Procedure) Rules, 1999. It is stated that the revised list of red category industries would show that gold and silver smithy using sulphuric acid is liable to be treated as a red category industry and the recategorisation is completely without any basis. 2. The learned Senior Counsel appearing for the petitioner in W.P(C).No.3692 of 2015 would submit that Exhibit P2 licence agreement would make it clear that the industrial park in question is conceived as a food processing park. It is stated that the final document of revised classification of industrial sectors under the 'red', 'orange', 'green' and 'white' categories as on 29.2.2016 would make it clear that gold and silver smithy is admittedly red category industry. It is stated that melting, anodizing, burn out, casting and chatka process, which is essential in the case of a ornament manufacturing unit would undoubtedly render the industry red category industry. It is stated that the use of sulphuric acid, nitric acid, potassium cyanide, copper, cadmium, zinc, nickel, selenium, tellurium, ruthenium, iridium etc. would result in toxic fumes containing chlorine dioxide, sulphur dioxide and nitrogen dioxide and metal vapor contaminating the nearby atmosphere and will produce dry deposition which would be detrimental to the food manufacturing units of the petitioners. The learned Senior Counsel has also stated that a gold chatka unit is used for polishing gold jewellery with the use of sulphuric acid and nitric acid and is a highly polluting exercise. 7 3. The KINFRA has filed a detailed counter affidavit contending that the industrial park is not conceived as a food park alone and that it has several zones including food zone, agro based zone, IT/ITES zone and a general zone. It is stated that the revised proposal submitted by the project proponent had been scrutinized in detail and found that it answers all the requirements of an industry under the green category and integrated consent had been granted for the same. It is stated that all due precautions will be taken by the KINFRA to see that the industry does not cause pollution as is apprehended by the petitioners and that it conforms to all the requirements of a green category industry. It is submitted that the consent to establish the industry had been given as early as in 2014 and no challenge is raised against the said consent even in these writ petitions. It is unequivocally stated that the KINFRA park at Kakkancheri is not a food park, but is an industrial park with a specifically defined food manufacturing zone as well. 4. The learned counsel appearing for the project proponent has placed a detailed counter affidavit on record. It is contended therein that it is after complying with all due procedural requirements that the industry has been granted integrated consent to operate under the green category. It is contended that this Court had also been convinced of the fact that there is no substance in the allegation that the industrial park in question is a food park and that no other industry can be permitted therein. It is contended that on the question of pollution that is likely to 8 be caused, the petitioners had themselves insisted on a study to be conducted by the National Environmental Engineering Research Institute (NEERI), which was impleaded as an additional respondent in these writ petitions. It is stated that a detailed study had been conducted by the NEERI and a report had been placed on record as required by this Court by interim order dated 8.4.2016. It is stated that the final report of NEERI which specifically addressed all the concerns raised by the petitioners in these writ petitions had come to the conclusion that there will be negligible impact on the environment due to the proposed project. All the conditions which had to be complied with by the project proponent were also provided in the report. It is submitted that on the basis of the report, the interim stay granted in these writ petitions are liable to be vacated and the project proponent is liable to be permitted to operate on the basis of the integrated consent granted for operation of the green category industry granted to it. The learned counsel has placed reliance on _**State of Madhya Pradesh v. Narmada Bachao Andolan and another**_ [(2011)7 SCC 639] and _**Bharat Singh and others v. State of Haryana**_ [AIR 1988 SC 2181] and submitted that all clearances have been procured by the petitioners and the continued refusal to permit the petitioners to operate is completely misconceived. Relying on Sections 25(4) and 25(7) of the Water Act, 1974, it is submitted that it is only on the finding of any pollution after the industry is started that a writ petition in the nature of the one now attempted would be maintainable at 9 all. Reliance is also placed on the judgment of the Division Bench of this Court in _**Parayil Granular Industries v. Kumaranalloor Grama Panchayat**_ [2009(2) KLT 1012] and _**A.Shanmughan v. Vandazhy Grama Panchayat**_ (W.A.No.2476 of 2015) in support of the contention that when a single window clearance has been obtained under the Act, the Panchayat is bound to issue a licence. 5. I have considered the contentions advanced on all sides at considerable length. The petitioners in these writ petitions placed emphasis on the manufacturing process of gold ornaments to contend that gold smithy and ornament manufacturing work cannot be an industry under the green category. It is stated that from a realistic assessment of the amount of work which the project proponent proposes to carry out in the premises in question, it is clear that the industry can only be one in the red category and the permission granted for such an industry in the premises of food park is clearly illegal. However, from the counter affidavit filed on behalf of the KINFRA, it is clear that the industrial park in question is not a dedicated food park at all. It is clear that there is a food processing zone, an allied zone, an IT/ITES zone and a general zone, which is contemplated in the industrial park in question. In the above view of the matter, since admittedly a food processing zone is also involved, what is to be looked into is the chances of pollution which can be caused by the industry to be run by the project proponent. I notice from the interim order of this Court referred to above, the 10 petitioners themselves suggested that a study conducted by the Pollution Control Board would not be conclusive and that the NEERI should be entrusted with process of carrying out a study and submitting a report as to the chances of pollution which the project is likely to produce. A final report has been submitted. This Court is not an authority to decide on the question of pollution which is likely to be caused by a particular industry. The NEERI, which has acceptable credentials even according to the petitioners, has submitted a final report stating that the environmental impact of the proposed project on the environment will be negligible. In the absence of any clear defects in the study conducted, I am of the opinion that the report of the NEERI is liable to be accepted. 6. With regard to the contention that the project cannot be carried out as envisaged maintaining the requirements of an industry under the green category, I am of the opinion that in a case where integrated consent has already been granted, it is for the Pollution Control Board to take appropriate steps to see that the industry conforms to the conditions with regard to the grant of permission under the specific category as provided in the consent. It is only when there is a violation of the conditions of the consent that the petitioners will have a cause of action to raise an allegation as regards the same. In view of the fact that the project proponent had been granted an integrated consent for operating a green category industry, I am of the opinion that the anticipatory orders issued by this Court cannot continue especially in the 11 ## light of the report submitted by the NEERI. In the above view of the matter, I am of the opinion that the writ petitions filed seeking interdiction of the functioning of the project cannot succeed, in view of the fact that the project is envisaged in the general area of the industrial park. It is made clear that the project will be proceeded only with all due clearances and permission and in accordance with the specific terms of the consent issued to it as a green category industry. The official respondents shall take all steps to see that the project conforms to the provisions of the Prevention and Control of Pollution (Uniform Consent Procedure) Rules, 1999. The standards of emissions from the project shall be monitored by the Pollution Control Board to see that it does not exceed the acceptable levels. With the above directions, the writ petitions are disposed of. Sd/- **ANU SIVARAMAN JUDGE** _vgs_ 12 ## **APPENDIX OF WP(C) 14612/2014** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION ISSUED BY KINFRA.** **EXHIBIT P2 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAILY DATED 2-8-2012.** **EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE BOARD MEETING OF KINFRA DATED 23-5-2012.** **EXHIBIT P4 TRUE COPY OF THE LICENCE AGREEMENT ENTERED INTO BETWEEN THE CORPORATION AND THE 5TH RESPONDENT COMPANY.** **EXHIBIT P5 TRUE COPY OF THE VERIFICATION REPORT DATED 5-2-2014 OF THE KERALA STATE POLLUTION CONTROL BOARD.** **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION OF THE KAKKANCHERY ENVIRONMENT PROTECTION COMMITTEE DATED 14-3-2014 SUBMITTED BEFORE THE KINFRA. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 22-42014 OF THE KINFRA.** **EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 28-42014 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE CHIEF MINISTER OF KERALA.** **EXHIBIT P9 TRUE COPY OF THE NEWS ITEM APPEARED IN THE TIMES OF INDIA (TIMES BUSINESS) DATED 6-62014.** **EXHIBIT P9 A TRUE COPY OF THE NEWS ITEM APPEARED IN DECCAN CHRONICLE DATED 06/06/2014. EXHIBIT P9 B TRUE COPY OF THE NEWS ITEM APPEARED IN THE HINDU DATED 06/06/2014.** **EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS DATED 15/10/2014 OF THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P11 TRUE COPY OF THE MINUTES OF THE HEARING CONDUCTED ON 15/10/2014 REGARDING THE PROPOSED UNIT OF MALABAR GOLD (P) LTD AT KINFRA.** 13 ## **APPENDIX OF WP(C) 14612/2014** **EXHIBIT P12** **TRUE COPY OF THE CIRCULAR DATED 09/08/2014 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.** **EXHIBIT P13 TRUE COPY OF THE CERTIFICATE OF INCORPORATION IN RESPECT OF KLADEO TECHNOLOGIES PVT. LTD.** **EXHIBIT P14 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE 1ST PETITIONER.** **EXHIBIT P15 TRUE COPY OF THE PHOTOGRAPH OF THE SIGN BOARD.** **EXHIBIT P16 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 5TH RESPONDENT.** **EXHIBIT P17 TRUE COPY OF LETTER DATED 22/04/2014 OF THE KINFRA ADDRESSED TO THE PRESIDENT OF KAKKANCHERY PARISARA SAMRAKSHANA SAMITHY.** **EXHIBIT P18 TRUE COPY OF THE NOTICE PUBLISHED BY THE ENVIRONMENT PROTECTION SAMITHY.** **EXHIBIT P19 TRUE COPY OF THE PROJECT OVERVIEW. EXHIBIT P20 TRUE COPY OF THE APPLICATION FOR CONSENT SUBMITTED BY THE 7TH RESPONDENT.** **EXHIBIT P21 TRUE COPY OF THE CIRCULAR DATED 09/08/2004 OF THE POLLUTION CONTROL BOARD.** **EXHIBIT P22 TRUE COPY OF THE SITE PLAN SUBMITTED BY THE 5TH RESPONDENT.** **EXHIBIT P23 TRUE COPY OF THE APPLICATION TO THE SINGLE WINDOW CLEARANCE BOARD.** **EXHIBIT P24 TRUE COPY OF THE LETTER DATED 25/02/2014 FROM THE ENVIRONMENTAL ENGINEER TO THE CHAIRMAN.** **EXHIBIT P25 TRUE COPY OF THE LETTER DATED 07/03/2014 FROM THE SR. ENVIRONMENTAL ENGINEER TO THE CHAIRMAN.** **EXHIBIT P26 TRUE COPY OF THE LETTER DATED 17/09/2014 FROM THE ENVIRONMENTAL ENGINEER TO THE CHAIRMAN.** 14 ## **APPENDIX OF WP(C) 14612/2014** ## **EXHIBIT P27** **TRUE COPY OF THE CONSENT ORDER DATED 09/02/2011 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA.** **EXHIBIT P28 TRUE COPY OF APPLICATION DATED 07/11/2014 SUBMITTED BY THE MALABAR GOLD PRIVATE LIMITED AT KINFRA TO THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM.** - **EXHIBIT P29 TRUE COPY OF NOTIFICATION REGARDING GREEN CATEGORY (NAME OF TYPE OF INDUSTRY).** - **EXHIBIT P30 TRUE EXTRACT OF THE DECISION NO.5.4 OF PAGE NO.6 OF THE MINUTES OF THE 192ND MEETING OF THE POLLUTION CONTROL BOARD DATED 15/12/2014.** - **EXHIBIT P31 TRUE EXTRACT OF THE RELEVANT PORTION OF THE NOTE FILE DATED 02/12/2014 BY THE KERALA STATE POLLUTION CONTROL BOARD.** - **EXHIBIT P32 TRUE COPY OF THE NOTIFICATION REGARDING REVISED LIST OF RED CATEGORY INDUSTRY/ORGANISATION/ACTIVITY.** - **EXHIBIT P33 TRUE COPY OF NOTICE DATED 07/03/2015 ISSUED BY THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION TO ONE BALAKRISHNAN.** - **EXHIBIT P34 TRUE COPY OF NOTICE DATED 27/03/2015 ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM.** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R7 A** A TRUE COPY OF DIRECTION DATED 05/11/2013. **ANNEXURE R7 B** A TRUE COPY OF LETTER DATED 29/01/2014. **ANNEXURE R7 C** A TRUE COPY OF LETTER FROM KINFRA DATED 31/01/2014. **ANNEXURE R7 D** A TRUE COPY OF THE MINUTES OF HEARING DATED 09/06/2014. **ANNEXURE R7 E** A TRUE COPY OF LETTER FROM 5TH RESPONDENT DATED 23/06/2014. 15 ## **APPENDIX OF WP(C) 14612/2014** **EXHIBIT R2 A EXHIBIT R2 B** RELEVANT PORTION OF GO(RT) NO.616/2000/ID DATED 31/05/2000. TRUE COPY OF REQUEST FOR INFORMATION PUBLISHED IN MATHRUBHUMY DATED 02/08/12. **EXHIBIT R2 C** A TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISH ISSUED BY THE STATE POLLUTION CONTROL BOARD. **EXHIBIT R2 D** A TRUE COPY OF THE PROPOSAL SUBMITTED BY THE SECOND RESPONDENT. **EXHIBIT R2 E** TRUE COPY OF AGREEMENT DATED 12/06/14. **EXHIBIT R3 A** TRUE COPY OF GO(RT) NO.616/2000/ID (SRO NO.479/2000) DATED 31/05/2000 ISSUED BY GOVERNMENT OF KERALA. **EXHIBIT R3 B** TRUE COPY OF KERALA INDUSTRIAL SINGLE WINDOW TRUE COPY OF GO(RT) NO.616/2000/ID (SRO NO.479/2000) DATED 31/05/2000 ISSUED BY GOVERNMENT OF KERALA. TRUE COPY OF KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT ACT 1999. **EXHIBIT R3 C EXHIBIT R3 D EXHIBIT R3 E** TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF KINFRA DATED 23/05/2012. TRUE COPY OF THE RFI ISSUED FOR ALLOTMENT OF LAND IN KINFRA TECHNO INDUSTRIAL PARK, KAKKANCHERRY. TRUE COPY OF THE ADVERTISEMENT WHICH APPEARED IN MATHRUBHUMI AND INDIAN EXPRESS ON 02/8/2012. TRUE COPY OF THE MINUTES OF THE BOARD MEETING OF KINFRA DATED 22/03/2013. **EXHIBIT R3 F** TRUE COPY OF THE MINUTES OF THE BOARD MEETING OF KINFRA DATED 22/03/2013. **EXHIBIT R3 G** TRUE COPY OF THE LICENSE AGREEMENT DATED 01/08/2013. **EXHIBIT R3 H** TRUE COPY OF THE LETTER DATED 21/04/2014 ISSUED BY THE 3RD RESPONDENT. **EXHIBIT R3 I** TRUE COPY OF THE REPLY LETTER DATED 05/05/2014 ISSUED BY TRUE COPY OF THE REPLY LETTER DATED 05/05/2014 ISSUED BY THE 5TH RESPONDENT TO 3RD RESPONDENT. TRUE COPY OF THE AGREEMENT DATED 12/06/2014 BETWEEN THE 5TH RESPONDENT AND KERALA ENVIRO INFRASTRUCTURE LTD. **EXHIBIT R3 J** TRUE COPY OF THE AGREEMENT DATED 12/06/2014 BETWEEN THE 5TH RESPONDENT AND KERALA ENVIRO INFRASTRUCTURE LTD. **EXHIBIT R5 A** TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NAME OF THE PARK. **EXHIBIT R5 B** TRUE COPY OF THE REQUEST FOR INFORMATION ISSUED BY KINFRA - JULY 2012. **EXHIBIT R5 C** TRUE COPY OF THE RELEVANT PAGES OF THE LETTER OF INTIMATION ISSUED BY KINFRA DATED 12/06/2013. R5C: TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 7TH RESPONDENT. (IN IA.NO. 1524/82015) **EXHIBIT R5 D** TRUE COPY OF THE ORDER PASSED BY THE GREEN TRIBUNAL, CHENNAI. 16 ## **APPENDIX OF WP(C) 3692/2015** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE - A** **TRUE COPY OF CONSENT TO ESTABLISH ISSUED TO M/S. CITY GOLD, ADOOR, PATHANAMTHITTA DISTRICT.** **EXHIBIT P1 P1 : TRUE COPY OF REQUEST FOR INFORMATION (RFI) OF 3RD RESPONDENT.** - **EXHIBIT P2 P2 : TRUE COPY OF LICENSE AGREEMENT DATED 05-08-2009 EXECUTED BETWEEN PETITIONER AND 19-23RD RESPONDENT;** **EXHIBIT P3 P3 : TRUE COPY OF DETAILS OF VARIOUS ACTIVITIES IN THE PARK DATED 24-12-2013 UNDER RTI ACT SUBMITTED BY THE 3RD RESPONDENT.** - **EXHIBIT P4 P4: TRUE COPY OF DETAILS OF VARIOUS INDUSTRIAL ESTABLISHEMENTS IN THE PARK DATED 22-01-2014 UNDER RTI ACT SUBMITTED BY THE 3RD RESPONDENT.** - **EXHIBIT P5 P5 : TRUE COPY OF MINUTES OF THE MEETING OF THE 3RD RESPONDENT DATED 23-05-2012.** **EXHIBIT P6 P6 : TRUE COPY OF DECISION TAKEN BY THE 3RD RESPONDENT IN ITS MEETING ON 22-03-2013.** **EXHIBIT P7 P7 : TRUE COPY OF BUILDING PERMIT DATED 2509-2013.** - **EXHIBIT P8 P8 ; TRUE COPY OF APPLICATION SUBMITTED BY 5TH RESPONDENT BEFORE THE 3RD RESPONDENT ALONG WITH THE FORWARDING LETTER OF 3RD RESPONDENT TO 6TH RESPONDENT DATED 25-092013.** **EXHIBIT P9 P9 : TRUE COPY OF REPORT DATED 09-01-2015 FORWARDED BY THE EXPERT TO THE PETITIONER.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3 A** TRUE COPY OF GO(RT) NO. 616/2000/ID, (SRO NO.479/2000) DATED 31/05/2000 ISSUED BY GOVERNMENT OF KERALA. 17 ## **APPENDIX OF WP(C) 3692/2015** ## **EXHIBIT R3 B** TRUE COPY OF KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT ACT,1999. **EXHIBIT R3 C** TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF KINFRA DATED 23/05/2012. **EXHIBIT R3 D** TRUE COPY OF THE RFI ISSUED FOR ALLOTMENT OF LAND IN KINFRA TECHNO INDUSTRIAL PARK, KAKKANCHERRY. **EXHIBIT R3 E** TRUE COPY OF THE ADVERTISEMENT WHICH APPEARED IN MATHRUBHUMI AND INDIAN EXPRESS ON 02/08/2012. **EXHIBIT R3 F** TRUE COPY OF THE MINUTES OF THE BOARD MEETING OF KINFRA DATED 22/03/2013. **EXHIBIT R3 G** TRUE COPY OF THE LICENSE AGREEMENT DATED 01/08/2013. **EXHIBIT R3 H** TRUE COPY OF THE LETTER DATED 21/04/2014 ISSUED BY THE 3RD RESPONDENT. **EXHIBIT R3 I** TRUE COPY OF THE REPLY LETTER DATED 05/05/2014 ISSUED BY THE 5TH RESPONDENT TO 3RD RESPONDENT. **EXHIBIT R3 J** TRUE COPY OF THE AGREEMENT DATED 12/06/2014 BETWEEN THE 5TH RESPONDENT AND KERALA ENVIRO INFRASTRUCTURE LTD. **EXHIBIT R5 A** TRUE COPY OF THE NOTIFICATION NO. GO(MS)NO.108/97ID DATED 08/07/1997. **EXHIBIT R5 B** TRUE COPY OF THE ORDER DATED 09/01/2015. **EXHIBIT R5 C** TRUE COPY OF THE CONSENT TO ESTABLISH. **EXHIBIT R5 D** TRUE COPY OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT RULES,2002. **EXHIBIT R5 E** TRUE COPY OF THE TOXICITY FREE CERTIFICATE FOR ALLOYS AND PRODUCTS DATED 01/05/2014. **EXHIBIT R5 F** TRUE COPY OF THE AGREEMENT WITH KERALA ENVIRONMENT INFRASTRUCTURE LTD. **EXHIBIT R7 A** TRUE COPY OF INTEGRATED CONSENT TO ESTABLISH DATED 07/01/2015. **EXHIBIT R7 B** LETTER NO.KIN/BSD/ALOT/KTIP-MLPM(45)/2013-14.