Kerala High Court Voids Minority Commission's Order on Environmental Clearance

Court Rules Minority Commission Overstepped Jurisdiction in Quarry Project Approval

In a significant ruling, the Kerala High Court has annulled an order issued by the Kerala State Minority Commission, which had directed the State Environment Impact Assessment Authority (SEIAA) to grant Environmental Clearance (EC) for a granite quarry project. The court found that the Minority Commission had acted beyond its jurisdiction, marking a pivotal moment in reaffirming the boundaries of statutory authorities.

Presided over by Justice C. Jayachandran, the court examined the Ext.P25 order, which was impugned in the writ petition filed by the SEIAA and the State Expert Appraisal Committee (SEAC). The issue arose when the Minority Commission directed these statutory bodies to issue an EC to the project proponent, who intended to operate a granite quarry.

The crux of the court's decision hinged on the jurisdictional limits of the Kerala State Minority Commission, which is governed by the Kerala State Commission for Minorities Act, 2014. The court underscored that the functions and powers of the Commission, as delineated in Sections 9 and 12 of the Act, do not extend to directing statutory bodies to issue environmental clearances.

Justice Jayachandran highlighted that the SEIAA and SEAC are the competent authorities constituted under the Environmental Impact Assessment Notification, 2006, as part of the Environment (Protection) Act. These bodies are entrusted with the statutory authority to issue ECs, a power not granted to the Minority Commission.

The judgment further clarified that the order issued by the Minority Commission was fundamentally flawed, as it attempted to usurp powers vested in other statutory bodies by central legislation. The court also noted that the refusal of EC by SEIAA had no relation to the project proponent's status as a member of a minority community, thus questioning the basis for the Minority Commission's interference.

In addressing the administrative overreach, the court emphasized the importance of statutory authorities being fully aware of their jurisdiction and powers. It observed that the Minority Commission had neglected this critical aspect, leading to the issuance of an order that was both unauthorized and unsustainable.

While the court refrained from imposing costs on the Minority Commission, it issued a stern reminder about exercising restraint and adhering to statutory limits. The decision sets a precedent for maintaining the integrity of statutory functions and ensuring that authorities act within their legally defined mandates.

The writ petition filed by SEIAA and SEAC was allowed, and the Ext.P25 order was set aside, reaffirming the exclusive jurisdiction of statutory bodies constituted under central environmental laws.

Bottom Line:

Kerala State Minority Commission lacks jurisdiction to direct issuance of Environmental Clearance (E.C) under the Environmental Impact Assessment Notification, 2006.

Statutory provision(s): Kerala State Commission for Minorities Act, 2014 Sections 9 and 12, Environmental Impact Assessment Notification, 2006, Environment (Protection) Act

State Environment Impact Assessment Authority v. Kerala State Minority Commission, (Kerala) : Law Finder Doc Id # 2800669