M. HARIDASAN & ORS. vs STATE OF KERALA

1 Item No.

07 Court No.

1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

304/2019 (M.A.

No.

81/2021, M.A.

83/2021, M.A.

96/2021 & M.A.

85/2021 to M.A.

88/2021, I.

A.

184/2022, I.

434/2023 & I.

435/2023, I.

439/2023 to I.

444/2023, I.

660/2023 to I.

662/2023) M.

Haridasan Applicant Versus State of Kerala & Ors.

Respondent(s) ------------ Poabs Granites (Pvt.) Ltd. & Anr.

Applicants in MA 81/2021 M/s.

Panachayil Industries Applicant in MA 83/2021 Crystal Granites Ltd. & Anr.

Applicants in MA 96/2021 Raju K.

Thomas & Ors.

Applicants in MA 85/2021 Reji Joseph & Anr.

Applicants in MA 86/2021 Thomsun Aggregates Applicant in MA 87/2021 Michael Granites & Ors.

Applicants in MA 88/2021 Date of hearing: 05.10.2023 CORAM: HON’BLE MR.

JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR.

JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR.

SENTHIL VEL, EXPERT MEMBER Applicant: Ms.

Nishtha Kumar, Adv. for Original Applicant Respondent: Mr.

Nishe Rajen Shonker & Mr.

Alim Anvar, Advs. for the State of Kerala Mr.

Jogy Scaria & Ms.

Beena Victor, Advs. for KSPCB Mr.

Atmaram N.S.

Nadkarni, Senior Advocate with Mr.

S.S.

Rebello & Mr.

Mahesh Agarwal, Advs. in I.A 434/2023 Mr.

John Mathew, Adv. in I.A 435/2023 Mr.

Ravi Prakash Mehrotra, Senior Advocate with Mr.

Alex M.

Scaria & Ms.

Usha Nandini, Advs. in I.A 439-440/2023 Mr.

Anshuman Shrivastava, Mr.

Abhijeet Shrivastava & Ms.

Usha Nandini Advs. in I.A 442-444/2023 Mr.

Karthik, Mr.

Enoch D.

Simon Joel & Ms.

Smrithi Suresh, Adv. in I.A 660-662/2023 Mr.

Abhilash M.R & Mr.

Sayooj Mohandas, Advs.

Mr.

E.M.S.

Anam & Mr.

M.S.

Vishnu Shankar, Advs.

2 ORDER 1.

This original application involves the issue of providing safeguards against operation of stone quarries close to the residences and public roads in Kerala.

2.

Kerala.

The Tribunal had earlier issued certain directions and aggrieved with the same, some of the affected parties had approached the Hon’ble Supreme Court by filing the Civil Appeal Nos.

6273 of 2021, Civil Appeal Nos.

12122 – 12123 of 2018 and connected Civil Appeals.

Hon’ble Supreme Court has relegated the appellants to the Tribunal to file a formal application and raise all contentions therein.

3.

MA Nos.

85/2021, 86/2021, 87/2021, 88/2021 and IA Nos.

434/2023, 435/2023, 439/2023, 442/2023, 660/2023, 661/2023 and 662/2023 in OA No.

304/2019 have been filed by the affected parties seeking impleadment.

4.

Though a letter was circulated by the Counsel for the Kerala State PCB with a prayer for adjournment on the ground of personal difficulty but the Counsel for the State PCB is present today and he has not pressed for such an adjournment, nor he has opposed the prayer for impleadment.

5.

Having regard to the circumstances of the case, we deem it proper to allow the prayer for impleadment made in MA Nos.

304/2019.

If there is any other prayer, in addition to the prayer for impleadment, in the above MAs and IAs, then the concerned applicant will be at liberty to file fresh IA for the said prayer.

3 6.

304/2019 are accordingly disposed of.

7.

Registry is directed to prepare amended memo of parties.

8.

The newly added respondents will be at liberty to file objection/reply within six weeks.

9.

List on 08.12.2023.

Prakash Shrivastava, CP Sudhir Agarwal, JM Dr.

Senthil Vel, EM October 05, 2023 Original Application No.

304/2019 DV