Lukose K T alias Luka vs Ministry of Environment, Forests & Climate Change

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 2056

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Lukose K T alias Luka – Appellant
Versus
Ministry of Environment, Forests & Climate Change – Respondent

Advocates:
For Appellant(s): Mr. Rajan Vishnuraj, Mr. Harish Vasudevan
For Respondent(s): Mr. S. Diwakar for R1, Mr. Ramesh Kumar for Mr. G. Prabhu for R2 to R4, Mr. Sunil V. Mohammed, Mr. K. Rajeevan, Mr. K.A. Abdul Salam, Mr. P. Kulusu for R5

Table of Content
1. challenge to ec for granite quarry in sensitive area. (Para 1 , 2)
2. outdated dsr violates eia notification requirements. (Para 16 , 17 , 18 , 19 , 20 , 23)
3. suppression of streams, water bodies, residences, hazards. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30)
4. distance criteria satisfied despite proximity concerns. (Para 32 , 33 , 34)
5. ec abeyed for seiaa re-examination and safeguards. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42)

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The residents of Eruvatty area in Kannur District, Kerala have approached this Tribunal through the appellants challenging the Environmental Clearance granted in favour of the 5^th respondent dated 02.08.2022 for granite building stone quarry. The project area covers an extent of 0.9936 ha., in Re SF. No. 5 of Thimiri Village, Taliparamba Taluk, Kannur District.

2. According to the appellants, they are residing in the Munnoorkulam hillock area, which is part of the ecological sensitive Western Ghats. The impugned Environmental Clearance is assailed by the appellants on various grounds:

2.1 Deliberate suppression of material facts:-

2.1.1. The 5^th respondent submitted a

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2024 Supreme(Online)(NGT) 2056

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert MemberLukose K T alias Luka – AppellantVersusMinistry of Environment, Forests & Climate Change – Respondent

Cases Referred (2)

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Lukose K T alias Luka – Appellant
Versus
Ministry of Environment, Forests & Climate Change – Respondent