LAWS(KER)-2022-8-109

SAHARA GRANITES Vs. DISTRICT GEOLOGIST, PALAKKAD

Decided On August 03, 2022
Sahara Granites Appellant
V/S
District Geologist, Palakkad Respondents

JUDGEMENT

(1.) The petitioner-Company, which holds a Quarrying Lease, seeks a declaration that the petitioner is liable to submit Scheme of Mining only 120 days before the expiry of five years reckoning from 26/7/2018 and to direct the respondents not to insist for submission of Scheme of Mining before the due date granted in terms of Ext.P9.

(2.) The petitioner was originally granted three Quarrying Leases for a total extent of 6.8869 Hectares of land in Erimayur-1 Village, Alathur Taluk in Palakkad District. The petitioner was issued with three approved Mining Plans on 7/6/2017, after the introduction of the Kerala Minor Mineral Concession Rules, 2015. The three plots were lying contiguously. The petitioner submitted application for amalgamation and the Director, Mining and Geology issued proceedings dtd. 30/4/2019 ordering amalgamation of the three leases. The petitioner thereupon submitted a composite Mining Plan.

(3.) The Environmental Clearance (EC) was issued to the petitioner on 5/12/2014 with validity up to 4/12/2019. Since the validity of EC was for a period less than the Project Life of the Mine which is 18 years, the petitioner approached this Court and this Court directed the SEIAA to revalidate the EC. While so, the Ministry of Environment, Forest and Climate Change, Government of India issued SO No.1807(E) dtd. 12/4/2022 whereby the validity of EC of the petitioner stood extended up to the mine life/ project life.