Kerala High Court pulls up Minority Commission for granting Environmental Clearance to quarry

The Kerala High Court recently took strong exception to the Kerala State Minority Commission exceeding its statutory powers and ordering grant of Environmental Clearance (EC),to a private quarry project [State Environment Impact Assessment Authority & anr v Kerala State Minority Commission & anr].Justice C Jayachandran observed that the Commission appeared to have acted out of misplaced sympathy towards the quarry owner simply because he belonged to a minority community. The Court stressed that authorities must be conscious of their powers and more importantly, the lack of it."It is fundamental that an authority passing an Order should essentially be aware and sensitised of its jurisdiction and powers; and more importantly, about the absence of powers. There has been a complete and total neglect of this aspect by the 1st respondent Minority Commission, in issuing Ext.P25. The 2nd respondent is a member of a Minority Community. It is pathetic that the Commission cannot reason beyond the sentiments of the members of the Minority Community, when there exists a statutory regime for dealing with the matter and for redressal of grievance," the Court said..The matter arose after the minority commission, acting on a complaint by one Mathew J, directed the State Environment Impact Assessment Authority (SEIAA) to issue him an EC within one month for a proposed granite quarry at Vellad village in Kannur.The Commission observed that Mathew had submitted all relevant documents and was entitled to EC.Aggrieved by this order, the SEIAA and the State Expert Appraisal Committee (SEAC) filed a writ petition before the High Court challenging the Commission's order for lack of jurisdiction.The Court observed that the Commission's powers under Sections 9 and 12 of the Kerala State Commission for Minorities Act, 2014, were limited to protecting the rights and welfare of minority communities in social, educational and economic contexts..While the Commission could inquire, recommend or report on matters concerning minorities, it was not empowered to issue binding directions to independent statutory bodies like SEIAA, especially not in matters governed by Central environmental law."The power, which is seen usurped in Ext.P25, cannot be traced to any of the provisions of either Section 9, or Section 12 of the Act, 2014," the Court added.It also explained that SEIAA and SEAC are expert statutory bodies created under the Environmental Impact Assessment (EIA) Notification of 2006, which derive their authority from the Environment (Protection) Act of 1986, a Central statute.Therefore, any person aggrieved by SEIAA's decision must approach the National Green Tribunal (NGT), the appropriate appellate forum, and not the Minority Commission..The Court also pointed out that the Commission had failed to cite any legal provision under which its direction was issued.The Court underscored that administrative or quasi-judicial orders must clearly indicate the source of authority under which they are issued..While the Court noted that the Commission's conduct warranted the imposition of costs, it refrained from doing so and allowed the petition while setting aside the Commission's directive."At any rate, it should have been noticed by the 1st respondent Commission that refusal of E.C to the 2nd respondent has nothing to do with his status as a member of the Minority Community, so as to justify interference by the 1st respondent Commission. The gross illegalities referred above will render Ext.P25 illegal and the same will stand set aside." the Court added..The petitioners were represented by advocates MP Sreekrishnan, A Muhammed Musthafa and Thejalakshmi RS.The State Minority Commission was represented by advocate RT Pradeep..[Read Judgment]