2025:KER:26443 WP(C) NO. 41621 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 41621 OF 2024 PETITIONER: EICL LIMITED, (FORMERLY KNOWN AS ENGLISH INDIA CLAY LIMITED), REPRESENTED BY ITS AUTHORIZED OFFICER AND LOCATION HEAD, TC 91/34, VELI, THIRUVANANTHAPURAM, KERALA, PIN - 695021 BY ADVS. M.R.HARIRAJ (SR.) C.P.SABARI RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI, PIN - 110003 2 CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN,PARIVESH BHAWAN, EAST ARJUN NAGAR, DELHI-, PIN - 110032 3 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O, THIRUVANANTHAPURAM, KERALA, PIN – 695004 2025:KER:26443 WP(C) NO. 41621 OF 2024 2 4 KERALA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM, KERALA, PIN - 695001 5 K. MAHESHWARAN, S/O KUNJUKRISHNAN, RESIDING AT SREESHYLAM, MANGALAPURAM, THONNEKKAL P.O, THIRUVANANTHAPURAM, PIN - 695317 6 DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR, PIN - 695004 BY ADVS. M. AJAY-R2 V.HARISH-R5 RAJAN VISHNURAJ-R5 JISSMON A KURIAKOSE-R5 SRI. T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.M.P. SREEKRISHNAN, SC, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) AND THE STATE EXPERT APPRAISAL COMMITTEE (SEAC), SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26443 WP(C) NO. 41621 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 41621 of 2024 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The prayer in this writ petition is for a direction to respondents 1 and 4 to process Ext.P21 application in accordance with Ext.P6 notification, Ext.P6(a) Office Memorandum and Ext.P13 CPCB guideline, dehors Ext.P12 report and pass final orders. There is also a prayer for setting aside Ext.P12. 2. The counsel for the 5th respondent has serious objection to the grant of Environmental Clearance to the petitioner and prays that he may also be heard while the 4th respondent takes a decision. Since the application is pending before the 4th respondent, it is only appropriate to dispose of the writ petition directing the 4th respondent to consider and pass orders on Ext.P21. 2025:KER:26443 WP(C) NO. 41621 OF 2024 4 This writ petition is hence disposed of, directing the 4th respondent to consider and pass orders on Ext.P21 with due reference to Ext.P6 notification, P6(a) Office Memorandum and Ext.P13 CPCB guideline after hearing the petitioner and the 5th respondent at the earliest. If the consideration is delayed unduly, the petitioner is free to file an application seeking fixation of time limit for passing orders. The petitioner may raise all contentions against Ext.P21 before the 4th respondent at the time of hearing and the same shall also be considered by the 4th respondent in accordance with law. Sd/- T.R.RAVI JUDGE LEK 2025:KER:26443 WP(C) NO. 41621 OF 2024 5 APPENDIX OF WP(C) 41621/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO. G.O(MS) NO. 09/08/ID DATED 16.01.2008 ISSUED BY THE INDUSTRIES DEPARTMENT, STATE OF KERALA Exhibit P2 A TRUE PHOTOCOPY OF THE LEASE DEED DATED 17.11.2008 EXECUTED IN FAVOUR OF THE PETITIONER BY THE STATE OF KERALA Exhibit P3 A TRUE COPY OF THE APPLICATION [ONLINE PROPOSAL] ON 21.7.2016 FOR EC BEFORE THE 4TH RESPONDENT SEIAA Exhibit P4 A TRUE COPY OF THE LETTER DATED 23.2.2017 SENT BY THE PETITIONER TO THE 4TH RESPONDENT SEIAA BY SUBMITTING THE HARD COPIES OF EXT. P3 APPLICATION AND CONNECTED DOCUMENTS Exhibit P5 A TRUE COPY OF THE LETTER DATED 15.3.2017 SENT BY THE PETITIONER TO THE 4TH RESPONDENT SEIAA FOR SUBMISSION OF PROCESSING FEE FOR EC Exhibit P6 A TRUE PHOTOCOPY OF THE NOTIFICATION SO NO. 804(E) DATED 14.03.2017 ISSUED BY THE MOEF Exhibit P6(a) A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM HAVING F. NO. 3-50/2017- IA.III (PT) DATED 30.05.2018 ISSUED BY THE 1ST RESPONDENT Exhibit P7 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE 75TH MEETING OF THE SEAC, KERALA HELD ON 29TH AND 30TH JUNE, 2017 2025:KER:26443 WP(C) NO. 41621 OF 2024 6 Exhibit P8 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 73RD MEETING OF THE SEIAA, KERALA HELD ON 15.09.2017 Exhibit P9 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 08.06.2018 PASSED BY THIS HON’BLE COURT IN WPC NO. 31654 OF 2017 Exhibit P10 A TRUE PHOTOCOPY OF THE COMMON JUDGMENT DATED 04.10.2018 PASSED BY THIS HON’BLE COURT IN WPC NO. 32250 OF 2015, WA NO. 1761 OF 2018 AND CONNECTED CASES Exhibit P11 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 16.04.2024 PASSED BY THE HON’BLE HIGH COURT OF MADRAS IN WPC NO. 11630 OF 2022 Exhibit P12 A TRUE COPY OF THE REPORT FILED BY THE JOINT COMMITTEE CONSISTING OF THE 3RD AND 4TH RESPONDENT ALONG WITH THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM FILED BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, (SOUTHERN ZONE), CHENNAI IN OA NO. 41 OF 2017 Exhibit P13 A TRUE PHOTOCOPY OF THE REPORT OF THE CPCB IN-HOUSE COMMITTEE ON METHODOLOGY FOR ASSESSING ENVIRONMENTAL COMPENSATION AND ACTION PLAN TO UTILIZE THE FUND Exhibit P14 A TRUE PHOTOCOPY OF THE ORDER DATED 14.09.2020 PASSED BY THE HON’BLE PRINCIPAL BENCH IN OA NO. 508/2019 Exhibit P15 A TRUE PHOTOCOPY OF THE ORDER DATED 21.09.2022 IN OA NO. 284/2022 PASSED BY THE HON’BLE PRINCIPAL BENCH Exhibit P16 A TRUE PHOTOCOPY OF ONE OF THE REPLY AFFIDAVIT/REPORT FILED BY THE KERALA STATE POLLUTION CONTROL BOARD IN OA NO. 88 OF 2017 2025:KER:26443 WP(C) NO. 41621 OF 2024 7 Exhibit P17 A TRUE COPY OF THE MINUTES OF THE 91ST MEETING OF THE STATE EXPERT APPRAISAL COMMITTEE [SEAC], KERALA DATED 14.1.2019 Exhibit P18 A TRUE COPY OF THE MINUTES OF THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY [SEIAA] KERALA IN ITS 88TH MEETING DATED 25.1.2019 Exhibit P19 A TRUE PHOTOCOPY OF THE ORDER NO. 1091/EC/SEIAA/2017 DATED 20.04.2019 ISSUED BY THE ADMINISTRATOR OF THE SEIAA, KERALA Exhibit P20 A TRUE COPY OF THE LETTER DATED 28.7.2021 ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY [SEIAA] KERALA TO THE PETITIONER DIRECTING TO APPLY ONLINE FOR EC Exhibit P21 A TRUE PHOTOCOPY OF THE APPLICATION FOR ENVIRONMENTAL CLEARANCE & CONNECTED DOCUMENTS SUBMITTED BY THE PETITIONER THROUGH THE PARIVESH SITE OF THE MOEF, ALONG WITH THE COVERING LETTER DATED 25.8.2021 Exhibit P22 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 126TH MEETING OF THE SEAC, KERALA HELD ON 11.04.2022 Exhibit P23 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 114TH MEETING OF THE SEIAA, KERALA HELD ON 25.05.2022 Exhibit P24 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 130TH MEETING OF THE SEAC, KERALA HELD ON 4TH TO 6TH JULY, 2022 2025:KER:26443 WP(C) NO. 41621 OF 2024 8 Exhibit P25 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 7.7.2021 HAVING NO. F. NO. 22- 21/2020-IAI.II ISSUED BY THE MINISTRY OF FOREST AND ENVIRONMENT Exhibit P26 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.1.2022 HAVING NO. F. NO. 22- 21/2020-IA.III [E 138949] ISSUED BY THE MINISTRY OF FOREST AND ENVIRONMENT Exhibit P27 A TRUE COPY OF THE JUDGMENT DATED 18.12.2024 IN O.A NO. 41 / 2017 PASSED BY THE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) Exhibit P28 A TRUE COPY OF THE ORDER DATED 17.12.2024 IN IA NO. 250733/2024 AND I A NO. 250732 IN W.P (C) NO. 1394/2023 RESPONDENT EXHIBITS Exhibit R5(a) A true copy of the Judgment dated 18.12.2024 in OA No.41 of 2017 (SZ)