Joby Joseph vs. The District Geologist
Held
The High Court, noting the Supreme Court's clarification that NGT orders passed without due opportunity to affected parties are effaced, directed the authorities 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
Quarrying operators sought directions for the consideration of their applications for quarrying permits and related licenses, which were being held up due to new distance criteria specified in an order by the National Green Tribunal (NGT). They contended that their applications were submitted prior to the NGT order.
Key Issues
The key legal issue was whether applications for quarrying permits should be considered based on the distance criteria stipulated in a National Green Tribunal order, especially after the Supreme Court clarified the NGT's powers and the necessity of providing an opportunity to affected parties.
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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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