Kappan Granites vs. The Director Of Mining And Geology
Held
The High Court noted the Supreme Court's clarification that NGT orders passed without giving opportunity to affected parties are effaced. Consequently, the Court directed the respondents to consider the petitioners' applications for quarrying permits, Environmental Clearance, PCB consent, Explosive licence, Local Body licence, and leases in accordance with the law as it exists, if they are otherwise in order.
Facts
Petitioners, engaged in quarrying, sought directions to consider their applications for permits and clearances without applying new distance conditions imposed by a National Green Tribunal (NGT) order dated 21.07.2020. Their applications were filed before the NGT order. Previous High Court judgments had set aside the NGT order, but the Supreme Court later clarified the NGT's suo motu powers while emphasizing the need for natural justice.
Key Issues
Whether applications for quarrying permits and related clearances should be processed without adhering to new distance criteria stipulated by an NGT order, considering the Supreme Court's ruling on the NGT's powers and the requirement for natural justice.
Sections Cited
None
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943 WP(C) NO. 20671 OF 2020 PETITIONER: KOKKALLUR GRANITES PRIVATE LIMITED SIVAPURI, MODAKKALLUR P.O., ATHOLI, KOZHIKODE-673 315, REPRESENTED BY ITS MANAGING DIRECTOR, RAJEEV NAMBIAR, AGED 52 YEARS, S/O.SHANKARAN NAMBIAR. BY ADVS. ALEX.M.SCARIA SRI.A.J.RIYAS SMT.SARITHA THOMAS KUM.MINU THANKAPPAN RESPONDENTS: 1 THE DIRECTOR OF MINING ANG GEOLOGY KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM-695 004. 2 THE DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THE BAY END FLOOR, C BLOCK OF CIVIL STATION, KOZHIKODE-673 020. 3 THE STATE OF KERALA, REPRESENTED BY ITS HOME SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. S.KANNAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, ALONG WITH WP(C).20727/2020, 21390/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20671 OF 2020 AND CON.CASES 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 3RD
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