BIJO JOSE Vs. STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, Bijo Jose has approached this Court under Article 226 of the Constitution of India challenging the environmental clearance accorded by the State Environmental Impact Assessment Authority (SEIAA) dated 29th of November 2017, uploaded on 5 th January 2018 and communicated to the petitioner on 11 th January 2018, Ext.P9 on the following grounds.

(2.) The petitioner has been residing along with his family members in the land comprised in Re.Sy. No.28 of Nediyenga village of Thaliparambu Taluk of Kannur District since 1969 and have been carrying on agricultural operations in respect of 20 Acres of land. The entire area in the vicinity is agricultural and ecologically/ environmentally sensitive. Reliance has been laid to the statements of the Agricultural Officer dated 9 th August 2012, Ext.P2. It is averred that neither in his land nor in neighboring lands, there are exposed rocks warranting quarrying activities. The 5th respondent carried on the quarrying operations in the neighboring property causing various hardship and damage to the petitioner and his family members. The aforementioned quarry was functioning in a most unscientific manner, in a land taken on lease comprised in Re.Sy.No.28 without any environmental clearance which necessitated the petitioner to approach this Court vide W.P.(C) No.27189 of 2016 and this Court vide order dated 17 th August 2016 restrained conducting of the mining operations, which culminated into a final decision Ext.P4 dated 7 th of December 2016.

(3.) On 26th December 2016, the 5th respondent preferred an application for obtaining environmental clearance wherein the petitioner on 24 th January 2017 raised an objection.