IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
Wilson K. John S/o. Yohannan K.v. – Appellant
Versus
Joint Secretary, Industries Department – Respondent
JUDGMENT :
T.R. RAVI, J.
W.P.(C)No.12684 of 2024 has been filed with the following prayers :-
“i. Issue a Writ of certiorari or any other appropriate writ or order quashing Exhibits P1, P2, P3, P4 and P5, in the light of the law declared by the Hon’ble Supreme Court in Ext.P8 judgment ;
ii. Declare that Exhibit P1 to P5 permits issued to respondents 4 to 8 are non est and void in law, as they have no valid EC, in the light of Ext.P8 judgment of the Hon’ble Supreme Court ;
iii. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to conduct a detailed enquiry and assessment pertaining to the quarrying/mining done by respondents 4 to 8 under the guise of the Ext.P1 to P5 permits and appropriate actions should be initiated against the erring respondents 4 to 8 for the excessive and illegal mining done by them;
iv. Petitioners also pray that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language ;
v. Grant such other reliefs which this Hon’ble Court may deem just and proper to be granted on the facts and circumstances of this case”.
2. W.P.(C) No.13596 of 2024 has been filed w
The court ruled that quarrying permits issued without valid Environmental Clearance are invalid, emphasizing that all excavation activities must comply with Environmental Protection Act requirements.
Permits for quarrying activities require mandatory environmental clearance; failure to obtain such clearance renders the permits illegal.
Court clarifies that concessionaires under valid Work Orders prior to a specific date are exempt from needing Environmental Clearance for certain operations.
Clarification from the Supreme Court regarding Environmental Clearance applicability is binding on concessionaires engaged in quarrying, irrespective of their direct association with NHAI projects.
The court asserts that parties with valid permits cannot be obstructed in carrying out their activities, pending legitimate legal challenges from opposing parties.
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Principal highway authority jointly and severally liable with contractors for environmental violations in outsourced projects; 1% project cost as compensation for illegal construction sans consents.
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