Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.

A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. Subsequently, a review petition was filed which was also dismissed by the Apex Court. However, the order came to be stayed by the Kerala High Court in a plea filed by the State.

The Supreme Court had directed its Registry to communicate its orders to the Registrar General of the High Court, who placed it before a single bench of Justice Viju Abraham for consideration. Vacating the interim order in light of the orders of the Apex Court, the court held:

“..the Apex Court has dismissed the appeal and review petition challenging the order of the National Green Tribunal. In view of the fact that the order impugned in these writ petitions has been challenged unsuccessfully by filing an appeal and a review petition before the Hon’ble Apex Court, I am of the opinion that the interim order granted in both the writ petitions i.e., W.P(C) No.13221 of 2022 and W.P(C) No.17340 of 2022 on 15.06.2022 and subsequently extended, is not liable to be extended further and the request for extending the interim order in both the writ petitions is accordingly declined.”

Advocate Yeshwanth Shenoy had approached the Supreme Court challenging the dismissal of his impleadment application in the plea filed by the State before the Kerala High Court to bring the Court's attention to the Supreme Court's orders upholding the NGT order. The High Court had rejected his application on the ground that he was not a necessary party to the proceedings.

The Supreme Court while considering the plea of Adv Shenoy, had expressed astonishment at the order of the High Court staying the NGT order which had already been affirmed by the Supreme Court. In view of the same, the Apex Court had directed its Registry to communicate the orders of the Top Court to the Registrar General of the High Court, who in turn was directed to place it before the High Court for its consideration.

Taking note of the direction of the Supreme Court to consider its orders on the matter, the court stated:

“The Hon’ble Apex Court in the said order has directed this Court to take into consideration the order dated 24.03.2023 while hearing these matters and while considering the extension of the stay granted earlier staying the order passed by the National Green Tribunal dated 27.05.2021, against which Civil Appeal was preferred before the Hon’ble Apex Court which came to be dismissed, and also the Review Petition.”

Consequently, the High Court vacated the interim order it had granted on June 15, 2022.

Case Title: State of Kerala V Shefy Joseph

Citation: 2023 (Ker) LiveLaw 176

Click here to read/download order