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2020 Supreme(Ker) 517

GOPINATH P.
Peter S/o Devassy – Appellant
Versus
Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Georgekutty Mathew, Dr. K.P. Satheesan.
For the Respondents: Sri. P. Vijayakumar, Sri. Ranjith Thampan, Sri. M.R. Venugopal, Smt. Dhanya P. Ashokan, Sri. T.H. Abdul Azeez, Sri. S. Kannan, Sri. T. Naveen, Sri. Mohammed Sadique T.A.

JUDGMENT :

1. This writ petition is filed challenging the operation of a granite stone quarry by the 12th respondent, on the basis of an Environmental Clearance (hereinafter also referred to as E.C.) allegedly obtained through suppression of material facts. It is also alleged that certain other permissions granted to the 12th respondent are illegal and that the 12th respondent has not obtained all the permissions required under the law. There are certain other allegations such as violation of E.C. conditions, encroachment into Government lands, accumulation of water in pits and heaping of overburden etc. In short, the petitioners allege rampant violations of law in the matter of the operation of the quarry.

2. The 12th respondent was granted Ext.P8 mining lease in respect of an extent of 4.7065 hectares of land comprised in Sy. Nos. 1270/4, 5, 7, 8, 1271/2, 3, 4, 1273/1, 2, 1272/1 of Kodassery Village in Chalakudy, Thrissur. The petitioners in the writ petition are residents in properties adjoining to or near to the aforesaid lands in respect of which Ext.P8 mining lease has been issued. They contend (i) that the Ext.P3 Environmental Clearance was obtained by suppression of several m

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