Andhra Pradesh High Court - Amravati
G. Sudarshana Rao, vs State Of Andhra Pradesh, on 20 April, 2021
Author: Battu Devanand
Bench: Battu Devanand
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.2536 OF 2021
O R D E R:
This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India to declare the action of the respondent Nos.1 to 4 in not issuing royalty permits in respect of Survey No.1 in Pedaraopalli Village, Kothavalasa Mandalam, Vizianagaram District as arbitrary, illegal and in violation of Articles 14, 19 and 21 of the Constitution of India and contravention and violation of Andhra Pradesh Minor Mineral Concession Rules, 1966 and consequential direction to the respondent Nos.1 to 4 to issue royalty permits in favour of the petitioner and further direct the respondent No.5 to initiate the process for consideration of the application made by the petitioner for grant of environment clearance for the quarry in Survey No.1 in Pedaraopalli Village, Kothavalasa Mandalam, Vizianagaram District and pass such other orders.
2) The case of the petitioner is that the petitioner had applied for quarrying lease in respect of 15.00 hectares situated in Survey No.1 in Pedaraopalli Village, Kothavalasa Mandalam, Vizianagaram District in the year 2006. The respondent Nos.1 to 4 after considering the application of the petitioner granted quarrying lease for a period of 10 years for 2 excavation of road metal and building stone. A lease deed was executed on 18.11.2008 and the necessary work orders were issued for a period of 10 years. The petitioner executed the quarrying works in the allotted land for a period of 10 years until the expiry of the lease on 17.11.2018.
3) The petitioner made an application on 15.07.2015 for setting up a crushing unit under the name of M/s Rocktech Sands LLP and after obtaining necessary permission from the respondents constructed a crushing unit and the same was made operational in the year 2016 and the said crushing unit was granted permission for carrying on with activities for a period of five years from 22.08.2016 to 21.08.2021.
4) On 19.04.2018 the petitioner submitted an application to the 5th respondent for grant of environment clearance in respect of the mining lease held by the petitioner, but no steps were taken till the end of the lease period in November, 2018. The petitioner gave undertaking to the respondent Nos.1 to 4 stating that he will submit an environment clearance certificate within a period of six months. The petitioner made an application for renewal of quarry lease on 10.08.2018 during the existence of earlier lease period. The respondents initially proposed to grant of first renewal in 3 favour of the petitioner for a period of 15 years with effect from 18.11.2018. Thereafter, respondent No.3 issued letter of intent on 28.02.2019 in favour of the petitioner. In view of the letter, dated 04.11.2020 of the 3rd respondent the petitioner submitted a fresh application, dated 17.11.2020 to the 5th respondent for grant of environment clearance. The said application is pending for consideration till date by the 5th respondent.
5) Learned Government Pleader for Mines & Geology appearing for Respondent Nos.1 to 4 submits that until the environment clearance certificate is submitted by the petitioner, the respondent Nos.1 to 4 are not in a position to issue royalty permits in favour of the petitioner.
6) Sri Surendra Reddy, learned Standing Counsel appearing for the 5th respondent submits that the application, dated 17.11.2020 submitted by the petitioner for grant of environment clearance is pending for consideration with the 5th respondent and the next meeting of the committee of the 5th respondent is scheduled in the first week of May, 2021 and in that meeting application of the petitioner, dated 17.11.2020 will be placed and appropriate decision will be taken.
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7) Having heard the submissions of learned counsel appearing for both sides, in the opinion of this Court, without going into the merits of the case, this writ petition can be disposed of by directing the 5th respondent to consider the application submitted by the petitioner on 17.11.2020 in accordance with law to meet the ends of justice.
8) Accordingly, this writ petition is disposed of directing the 5th respondent to consider the application submitted by the petitioner on 17.11.2020 for grant of environment clearance and pass appropriate orders in accordance with law and communicate the same to the petitioner, within a period of six (06) weeks from today.
_________________________ JUSTICE BATTU DEVANAND Dt. 20-04-2021 Note: Issue CC by 23.04.2021.
B/o PGR 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.2536 of 2021 Dt. 20-04-2021 Note: Issue CC by 23.04.2021.
B/o PGR