Andhra Pradesh High Court - Amravati
Siddeswara Minerals vs The Sate Of Ap on 5 May, 2022
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION No.13733 of 2022
ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar) Heard Sri Venkateswara Rao Gudapati, learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for respondent Nos.1, 3 and 4 and Sri V.Surendra Reddy, learned Standing Counsel for Pollution Control Board appearing for respondent No.2.
2. With the consent of both the parties, this Writ Petition is disposed of at the stage of admission.
3. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"..... to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus, declaring the 2nd respondent authority in not granting in-principle environmental clearance for mining of Mica, Feldspar and Quartz in an area of 3.791 Hectares in favour of the petitioner for Sy.No.56/1 in Joggipalli Village, Sydapuram Mandal, SPSR Nellore District as arbitrary, illegal, null and void and against the Norms of Public Policy and Principles of Natural Justice and contrary to the orders passed in W.P.No.5981/2021, dated 11.02.2022 and to issue consequential direction directing the 2nd Respondent Authority to grant environmental clearance in favour of the petitioner for mining of Mica, Feldspar and Quartz in an area of 3.791 Hectares in favour of the petitioner for Sy.No.56/1 in Joggipalli Village, Sydapuram Mandal, SPSR Nellore District ...."
4. Though various grounds are raised, learned counsel for the petitioner submits that the Minutes of the 184th Meeting of State Expert Appraisal Committee (SEAC), Andhra Pradesh held on 18th, 2 19th and 20th April, 2022 at Vijayawada would indicate that the application of the petitioner for environmental clearance is not processed because of the pendency of dispute in Court but no proceedings are pending before any Court. He took us through the order passed by a learned single Judge of this Court in W.P.No.5985 of 2021 on 11.2.2022 and the order passed by the learned Principal District Judge, Nellore on 13.12.2021 in C.M.A.No.11 of 2016 to show that no proceedings are pending in any Court.
5. On the other hand, learned Standing Counsel for Pollution Control Board appearing for respondent No.2 would contend that the authorities are under an impression that C.M.A.No.11 of 2016 is pending and as such, they have not processed the application. But the said appeal is already disposed of on 13.12.2021 and as such, the authorities may be directed to process the application of the petitioner in accordance with law.
6. The order passed by the learned single Judge of this Court in W.P.No.5985 of 2021 on 11.02.2022 would show as if C.M.A.No.11 of 2016 is pending as on the date of passing orders in that writ petition i.e., on 11.2.2022. It appears that by that time, C.M.A.No.11 of 2016 was already disposed of by the learned Principal District Judge, Nellore on 13.12.2021.
7. Having regard to the above and if this is the only case which made the authorities to defer processing of the application of the petitioner, we direct them to process the application of the petitioner for environmental clearance in accordance with law, as expeditiously as possible, preferably, in the next meeting. 3
8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR ____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date : 5.5.2022 Note:-
Furnish C.C. in three days.
B/O AMD 4 87 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.13733 of 2022 Date : 5.5.2022 AMD