BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 06^th day of December, 2023.

Original Application No. 142 of 2020 (SZ)

I.A. Nos. 37, 148 and 149 of 2022(SZ) &

I.A. Nos. 21, 22 and 71 of 2023 (SZ)

(Through Video Conference)

IN THE MATTER OF Renny Jacob George, aged 40 years, S/o George Mathai, Ovumannil House, Noorommavu P.O., Anicadu, Pathanamthitta District- 689 589.

...Applicant(s)

Versus

1. Kerala State Pollution Control Board, Rep by its Chairman, Pattom P.O, Thiruvananthapuram- 695004.

2. The Envrionmental Engineer, District Office, Kerala State Pollution Control Board, Pathanamthitta- 689645.

3. Government of Kerala, Represented by its Principal Secretary, Department of Environment & Climate Change, Thiruvananthapuram- 695001.

4. The District Collector, Pathanamthitta, 2nd Floor, District Collectorate, Pathanamthitta- 689 645.

5. Anicadu Grama Panchayat, Noorommavu P.O, Pathanamthitta- 689589.

6. The Geologist, Department of Mining and Geology, Pathanamthitta- 689 645.

7. The Director Department of Mining and Geology, Kesavadasapuram, Pattom Palace P.O, Thiruvananthapuram- 695 004.

8. Naveen Mathew Philip, aged 33 years, S/o Philip Mathew, Thekkenedumpackal, Mallappally West, Pathanamthitta District- 689 501.

...Respondent(s)

For Applicant(s): Mr. K.K. Ashkar.

For Respondent(s): Mrs. V.K. Rema Smrithi for R1 and R2.

Mr. G. Vignesh for Mr. E.K. Kumaresan for R3, R4, R6 and R7.

Ms. Kiran Rani for Mr. Kaushik N. Sharma for R5.

Mr. Satish Parasaran, Sr. Adv along with Mr. Madan Babu, Ms. A.L. Gandhimathi and Mr. P. Haridas for R8/I.A.

Judgment Reserved on: 23^rd November, 2023.

CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The 8^th respondent, who is the project proponent had obtained quarry lease dated 18.11.2005 for extracting granite building stone from an area of 1.0183 ha., in Sy Nos. 326/2, 326/4 and 326/5 of Anicadu Village for 12 years. He also had secured another quarry lease dated 22.02.2008 for extracting granite building stone from an extent of land measuring about 5.1962 ha., comprised in Sy. Nos. 328/6, 329/9, 329/10, 327/1, 325/2, 305/10 and 305/11 of the same village for a period of 12 years. Consent to operate was also obtained by the 8^th respondent.

2. The applicant, who is a resident of Anicadu Village, has filed the above application alleging that the 8^th respondent was carrying on the quarrying operation till 2016 when there were orders to stop the operations by the Judgement of the Hon’ble High Court of Kerala in W.P. No. 39189 of 2015. He has claimed that a quarry should have a quarry closure plan and owner of the quarry shall have the responsibility to ensure the protective measures contained in the quarry closure plan and that the respondent had not complied with the same. Therefore, he has asked for:

(i) Reclamation of the mining pits, (ii) Not to do mining without obtaining proper Environmental Clearance, (iii) Not to discharge the wash out effluents into the nearby creek and land, (iv) To take penal action under the Environmental (Protection) Act, 1986 and (v) Also to recover the Environmental Compensation from the 8^th respondent for illegal mining of granite stone from the above referred survey numbers in Anicadu Village in Mallappally Taluk of Pathanamthitta District, Kerala without obtaining Environmental Clearance.

3. The Learned Counsel appearing for the 8^th respondent objected to the maintainability of the application itself as the same is barred by limitation and also the writ Petition filed by the very same applicant before the Hon’ble High Court of Kerala on similar prayers and the orders were already passed. As the issues arising in the present application were already adjudicated upon by the Hon’ble High Court of Kerala, there is a merger of cause of action into the judgements rendered by the Hon’ble High Court.

4. Without getting into the merits of t