Alex Augustine vs. District Geologist
Held
The Court, referring to an Apex Court decision, noted that while the NGT has suo motu powers, it must provide an opportunity to affected parties before passing adverse orders. Consequently, the High Court directed the respondents to consider the petitioners' applications for quarrying permits, environmental clearance, and other licenses in accordance with existing law, if they were otherwise in order, effectively setting aside the impediment of the NGT's distance criteria.
Facts
Petitioners, engaged in quarrying, sought directions for the consideration of their applications for quarrying permits and related licenses without reference to new distance criteria stipulated in an order issued by the National Green Tribunal (NGT). Their applications were submitted prior to the NGT order, which had been challenged in previous proceedings.
Key Issues
The key legal issue was whether the NGT's order imposing new distance criteria for quarrying permits could be applied to pending applications, especially given that the NGT had not provided an opportunity of hearing to affected parties, as clarified by the Supreme Court.
Sections Cited
None
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Heard together (2 matters)
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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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