Telangana High Court
Bhadrachalam Tribal Sand Quarry Labour ... vs The State Of Telangana, on 27 August, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.22562 of 2024
ORDER:
This Writ Petition is filed praying this Court to declare the action of the respondent authorities, particularly respondent Nos.5 to 7 in not authorizing/allotting the excavation of Sand from the Sand Reach over an extent of 4.96 hectors i.e., 99200 CBM in Bhadrachalam Village and Mandal of Bhadradri Kothagudem district to the petitioner society despite having all eligibility and clearances including approval from PESA Gramasabha, as being illegal, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos.5 to 7 to allot/authorize Bhadrachalam tribal Sand Quarry Labour Contract Mutually aided Co-operative Society Limited, (Reg.No.AMC/KMM/DCO/3248) to excavate over an extent of 99000 CBM at Bhadrachalam reach of Bhadrachalam Mandal, Bhadradri Kothagudem District.
2. It is the case of petitioners that petitioner No.1 is the Society registered under the provisions of Co-operative Societies 2 CVBR, J Wp_22562_2024 Act under the name and style as Bhadrachalam Tribal Sand Quarry Labour Contract Mutually Aided Co-operative Society bearing Registration No.AMC/KMM/DCO/3248, dated 14.09.2012. It is stated that all the 400 members of the petitioner's society belongs to tribal community and they are eking out their livelihood by working as labourers. It is further case of the petitioner that respondent No.3 issued proceedings No.4124/Sand/2012, dated 30.05.2023 and accorded permission for excavation and transportation of the sand from various sand reaches in the district including Bhadrachalam Village and Mandal on Godavari River, over an extent of 4.96 hectors i.e., 99200 CBM in terms of the G.O.Ms.No.3, dated 08.01.2015.
3. The main grievance of the petitioners is that even after issuance of the said proceedings dated 30.05.2023 by respondent No.3, the respondent No.4 had not entered into lease agreement to enable the petitioners to excavate the sand from the said reaches as per the provisions of the Telangana State Minor Mineral Concession Rules, 1966. It is also case of 3 CVBR, J Wp_22562_2024 the petitioners that they have obtained necessary permission under the provisions of Panchayat Raj Extension to Scheduled Areas (PESA) Act, 1996 by the Gram Panchayat, Bhadrachalam and made representation to the respondent Nos.6 and 7 to implement the orders passed by the 3rd respondent i.e., District Collector and Chairman, District Level Sand Mining Committee for allowing them to carry out operations in the sand quarry.
4. Heard Sri Ch. Ravi Kumar, learned counsel appearing for the petitioners and learned Government Pleader for respondents.
5. Since it is the case of the petitioners that they have obtained permissions under the provisions of PESA Act and also the petitioner society is registered under the provisions of Co-operative Societies Act, 1964 and the permission is accorded to the petitioners to carry out operations in the said quarry by the District Level Sand Committee, being the competent authority to grant permission for acquiring leases, this Court is of the opinion that ends of justice would be met if respondent Nos.6 and 7 are directed to consider the representation 4 CVBR, J Wp_22562_2024 submitted by the petitioners dated 18.07.2023 for executing the lease deed subject to the petitioners fulfilling all the requirements for excavation of the sand in accordance with the guidelines issued by the Government from time to time within a period of (04) weeks from the date of receipt of copy of this order.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
7. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
___________________________ C.V. BHASKAR REDDY, J 27.08.2024 vrks