High Court of KeralaWP(C)/20554/2015disposed of

Aby Dominic v. State Of Kerala

2015-10-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 20554 of 2015 (T) ---------------------------- PETITIONER :

----------------- ABY DOMINIC, AGED 55 YEARS, KRIPPAPARAMBIL CRUSHER WORKS, MUNDAKKAYAM P.O., IDUKKI.

BY ADV. SRI.MATHEW A KUZHALANADAN RESPONDENTS :

----------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY (MINING & GEOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001)

2. THE DISTRICT GEOLOGIST, IDUKKI - 686 514.

3. THE DIRECTOR DIRECTORATE OF MINING & GEOLOGY, KESAVADASAPURAM PATTOM PALACE P.O., TRIVANDRUM -695 004.

4. THE DIRECTOR STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY DEPARTMENT OF ENVIRONMENT & CLIMATE CHANGE TRIVANDRUM - 695 004.

BY GOVERNMENT PLEADER SRI. BIJU MEENATOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20554 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1(A): TRUE COPY OF THE LICENSE DT. 28.3.15 ISSUED TO THE PETITIONER. P1(B): TRUE COPY OF THE CONSENT DT. 19.6.15 ISSUED TO THE PETITIONER. P1(C): TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED IN FAVOUR OF THE PETITIONER.

P2:

TRUE COPY OF THE QUARRYING LEASE DT. 16.5.11 EXECUTED BY THE PETITIONER.

P3:

TRUE COPY OF THE NOTICE DT. 09.1.15 ISSUED BY THE 3RD RESPONDENT. P4:

TRUE COPY OF THE LETTER OF REQUEST DT. 05.2.15 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P5:

TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A. MUHAMED MUSTAQUE, J ------------------------------------------------------ W.P.(C).No. 20554 of 2015 ------------------------------------------------------ Dated this the 07th day of October, 2015

JUDGMENT

The petitioner is having quarrying lease. He is having a total extent of quarrying area is more than 5.10 hectares. The petitioner had applied for quarrying lease. The application for environmental clearance is pending.

2. The learned counsel for the petitioner submits that the petitioner is having all other requisite permits. He also submits that the petitioner may be permitted to operate in quarry of two hectares, pending consideration of environmental clearance and thereafter, on obtaining environment clearance, the petitioner may be permitted to operate the entire extent of land.

2. The learned Government Pleader doubted that the quarry would fall within the ESA.

3. This Court is of the view that the 2nd respondent shall verify whether this quarrying area would fall within

W.P.(C).No. 20554 of 2015 -2ESA under the draft notification issued by the Environment Ministry. If it does not fall within the ESA area, the 2nd respondent shall permit the petitioner to quarry within two hectares. The petitioner shall file an affidavit to the effect before the 2nd respondent, the petitioner can undertake the quarrying beyond two hectares of only after obtaining environmental clearance. Necessary decision shall be taken by the 2nd respondent within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr