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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
ALEX T.JOHN @@@ ALEXANDER S/o. JOHN – Appellant
Versus
ENVIRONMENTAL ENGINEER – Respondent
JUDGMENT :
1. These writ petitions are filed by the same petitioner complaining about the functioning of a metal crusher unit by the 2nd respondent herein. For ease of reference, the parties are referred to with reference to W.P.(C) No.8082 of 2019.
2. The afore writ petition is filed by the deceased petitioner, who is none other than the brother of the 2nd respondent herein. Upon the death of the petitioner, his legal heirs have been impleaded as additional petitioners 2 to 4. The petitioner contends that his deceased father was running a crusher unit on the basis of a No Objection Certificate issued to him. He states that his father died way back in 1993 and upon the death of his father, the crusher unit has devolved on the 2nd respondent herein pursuant to the partition between the legal heirs. The petitioner states that the 2nd respondent was, thereafter, running the unit by employing manual labour.
However, he complains that from 2010 onwards, the 2nd respondent started to employ the machinery causing alleged pollution within the locality. The petitioner, further contends that he had filed a civil suit before the Munsiff’s Court, Changanassery, and obtained Ext.P1(a) judgment and
Licenses issued by authorities for operating a metal crusher unit are valid when necessary clearances are obtained, and claims of natural justice violations are unfounded if the petitioner was heard.
Point of law : Environmental Clearance Certificates issued by DEIAA prior to judgment of National Green Tribunal order are valid as long as they are not subjected to successful challenge.
Validity of permits for operating a metal crusher unit under relevant local government laws.
Community objections must be substantiated to challenge permissions for industrial establishments under local laws.
Building permits and licenses for operational units must be evaluated based on contemporary regulations, and allegations of unauthorized construction require substantial evidence to alter compliance ....
The main legal point established in the judgment is that the authorities followed due process and considered environmental impact and statutory requirements before granting permits and clearances for....
The absence of a valid layout approval and required access width renders the operation of a metal crusher unit illegal, necessitating the cancellation of its licence.
The court established the application of the deeming provision for license renewal and clarified the legal requirements for renewal, addressing the interference by the Panchayat Committee and the nec....
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