High CourtsSingle Bench(2023) 09 KL CK 0180

Saji Sebastian vs State Level Environment Impact Assessment Authority (SEIAA) Kerala

High Court Of Kerala · Decided on 21 September 2023

HON’BLE JUDGES
N. Nagaresh, J
CASE NUMBER
Review Petition. No.962 of 2023 In Writ Petition (C) No. 25388 Of 2023

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Judgment

6 paragraphs · 249 words

N. Nagaresh, J

1.

The review petition has been filed pointing out that the built structure within 50 Metres from the boundary of the quarrying area was to be used only as Site Office, Mess Hall, Store Room and the Crusher Unit. However, in the operative portion in paragraph 6(i) of the judgment in the writ petition, this Court directed the writ petitioner to file an affidavit before the 1st respondent undertaking that the building will be used only as Site Office and will not be used for residential purpose during the Project Life.

2.

The petitioner states that the structure will have to be used as Site Office, Mess Hall, Store Room and the Crusher Unit, which unit is also situated within the 50 Metres boundary.

3.

I have heard the learned counsel representing the review petitioner and the learned Standing Counsel representing the respondents.

4.

From Ext.P16 representation, it is evident that the petitioner has been using the existing structure for the purpose of Site Office, Mess Hall, Store Room and the Crusher Unit. Therefore, it will be only just and proper that the direction given in paragraph 6(i) of the judgment dated 03.08.2023 in W.P.(C) No.25388 of 2023 is modified as below.

6(i) The petitioner is directed to file an affidavit before the 1st respondent undertaking that the building will be used only as Site Office, Mess Hall, Store Room and the Crusher Unit and will not be used for residential purpose during the Project Life.