Cites 3 docs
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 25 in The Water (Prevention and Control of Pollution) Act, 1974
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Kerala High Court
Kent Constructions Pvt.Ltd vs Corporation Of Kochi
       

  

  

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

            THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

        TUESDAY, THE 30TH DAY OF OCTOBER 2012/8TH KARTHIKA 1934

                      WP(C).No. 24464 of 2012 (G)
                      ---------------------------

PETITIONER:
----------

         KENT CONSTRUCTIONS PVT.LTD
         1ST FLOOR KENT HAIL GARDEN,
         STADIUM LINK ROAD, PALARIVATTOM P.O,
         ERNAKULAM, COCHIN 682 025,
         REPRESENTED BY ITS MANAGING DIRECTOR

         BY ADVS.SRI.V.M.KURIAN
                 SRI.MATHEW B. KURIAN
                 SRI.K.T.THOMAS

RESPONDENTS:
-----------

     1.  CORPORATION OF KOCHI
         EAST ZONAL OFFICE, VYTTILA, KOCHI 19,
          REPRESENTED BY ITS SECRETARY

     2.  CHIEF ENVIRONMENTAL ENGINEER,
         KERALA STATE POLLOUTION CONTROL BOARD,
          KADAVANTHRA,  KOCHI 682 020

         R1 BY ADVS.SRI.K.ANAND, SC, COCHIN CORPORATION
                    SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
         R2 BY  SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
30-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



VK

WP(C).No. 24464 of 2012 (G)
---------------------------

                                APPENDIX
                                --------

PETITIONER'S EXHIBITS
---------------------

EXT.P1. COPY OF THE BUILDING PERMIT DATED 16.11.2005 ISSUED BY THE 1ST
RESPONDENT.

EXT.2. COPY OF OCCUPANCY CERTIFICATE DATED 22.1.2010.

EXT.P3. COPY OF PHOTOGRAPH of the COMPLETED BUILDING

EXT.P4. COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT FOR
CONSENT TO ESTABLISH

EXT.P5. COPY OF RECEIPT DATED 11.06.2007 FOR REMITTING FEE OF
RS.50,000/-

EXT.P6 COPY OF THE CONSENT TO ESTABLISH DATED 01.01.2009 ISSUED BY THE
2ND RESPONDENT.

EXT.P7. COPY OF THE APPLICATION FOR CONSENT TO OPERATE SUBMITTED BY THE
PETITIONER.

EXT.P8. COPY OF THE RECEIPT DATED 11.05.2010 FOR PAYMENT OF FEE OF
RS.5,20,000/-

EXT.P9. COPY OF ONE OF THE REMINDER REQUEST DATED 30.1.2012 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.


RESPONDENT'S EXHBITS : NIL
----------------------


                                               / TRUE COPY /



                                               P.A. TO JUDGE


VK



                     T.R. RAMACHANDRAN NAIR, J.
                    ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                      W.P.(C). No.24464/2012-G
                    ~~~~~~~~~~~~~~~~~~~~~~~~~~~
              Dated this the 30th day of October, 2012

                                J U D G M E N T

The petitioner is seeking for a direction to issue consent to operate under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 to the petitioner. The petitioner is a Private Limited Company engaged in the business of property development. A building permit has been sought for construction of a multi-storied apartment consisting of 136 apartments known as 'Kent Glass House'. True copy of the building permit has been produced as Ext.P1. It is stated that the construction has already been completed as per the approved plan. Ext.P2 is the copy of the occupancy certificate issued by the first respondent-Corporation. The building has been numbered and the property tax assessment is also over.

2. Heard the learned Standing Counsel for first and second respondents. It is submitted by the learned Standing Counsel for the second respondent that a decision will be taken which will be communicated to the petitioner within a period of three weeks. The same is recorded and the writ petition is, accordingly, disposed of. No costs.

Sd/-

(T.R. Ramachandran Nair, Judge.) ms