St.Jude Granites vs. The Director Of Mining And Geology
Held
The Supreme Court affirmed the NGT's power for suo motu action but emphasized the necessity of providing an opportunity to affected parties. In light of this, the High Court's previous orders setting aside the NGT order were deemed effaced. The High Court directed the respondents to consider the petitioners' applications for quarrying permits, Environmental Clearance, PCB consent, Explosive licence, and Local Body licence in accordance with the law as it exists.
Facts
Petitioners, engaged in quarrying, sought directions for the consideration of their applications for quarrying permits and related clearances. These applications were being held up due to new distance criteria specified in an NGT order dated 21.07.2020 (Ext.P8), which was challenged and subsequently addressed by the Supreme Court.
Key Issues
The key legal issue was whether applications for quarrying permits and related clearances should be processed without reference to new distance criteria imposed by an NGT order, considering the Supreme Court's clarification on the NGT's powers and the requirement for due process.
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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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