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2024 Supreme(Ker) 394

VIJU ABRAHAM
Dennis Sebastian S/o Devassia – Appellant
Versus
State Environmental Impact Assessment Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Georgekutty Mathew.
For the Respondent: Sujith Mathew Jose.

 

1. The above writ petition is filed challenging Exts.P1, P3 and P5, i.e. Letter of Intent, Environmental Clearance and Quarrying Permit respectively, issued in favour of the 6th respondent.

2. Petitioners submit that the issuance of Ext.P1 letter of intent is arbitrary and illegal in as much as going by Rule 8 of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as KMMC Rules, 2015) it is mandatory on the part of the 3rd respondent to conduct a site inspection before issuing a letter of intent. Since no inspection was conducted, the objectionable sites from the site of quarry were not noticed before issuing Ext.P1. Petitioners would submit that in Ext P3 there is a mention that the State Level Expert Appraisal Committee (SEAC) has also reported that there is a house in the locality within 165 metres from the boundary of the quarry and the project proponent shall produce the certificate from the Village Officer to the effect that there are no residential building within 200 metres from the boundary of the quarry. Petitioners submit that Ext.P4 certificate issued by the Village Officer is against the real factual situation. Later on Ext.P5 quarrying permit was

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