Telangana High Court
Sri Rama Tribal Mahila Sand Quarry vs State Of Telangana on 25 April, 2024
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.32502 of 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:
"...to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 2 to 8 in not considering the case of the petitioner for grant of license to the sand quarry pertaining to the permission for below 5 hectors of land situated at Bhadrachalam Village and Mandal, Bhadradri Kothagudem District in pursuance of proceedings in Ref.No.TSMDC/BKGM/Sand/OSR/2023- 24/148 dated: 21.09.2023 issued by 6th respondent in so far as Bhadrachalam Village and Mandal is concerned as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents 2 to 8 to consider the case of the petitioner for grant of permission/license to excavation and transportation of sand pertaining to the extent below 5 hectors reach situated at Bhadrachalam Village and Mandal, Bhadradri Kothagudem District in pursuance of proceedings in Ref.No.TSMDC/BKGM/Sand/OSR/2023-24/148 dated:
21.09.2023 issued by 6th respondent..."
2. It is the case of the petitioner that the respondents have identified the sand reaches below 5 hectors for the purpose of excavation and transportation at various places including the Bhadrachalam sand reach for a quantity 99,200 vide proceedings dated 30.05.2023 issued by the respondent No.3. It is further case of the petitioner that except Bhadrachalam, the works in all other reaches commenced and various prospective license holders have started excavation. It is further case of the petitioner that vide impugned proceedings in Ref.No.TSMDC/BKDM/Sand/OSR/2023- 2 24/148, dated 21.09.2023, the respondent No.6 requested the respondent No.8 to furnish details of registered eligible sand Tribal Society so as to allot permission for excavation of sand but till date, the respondent No.8 is not furnishing the required information.
3. The grievance of the petitioner-society is that it is fully eligible for grant of license to the sand quarry at Bhadrachalam Village and even though it has submitted a representation dated 13.10.2023 to the respondent No.8, till date, the respondent No.8 has not taken any action.
4. A counter affidavit has been filed by the respondent No.5 inter alia stating that the Government has introduced New Sand Mining Policy, 2014 in Telangana State vide G.O.Ms.No.38 Industries and Commerce Department (M.I), dated 12.12.2014 and formulated Telangana State Sand Mining Rules, 2015 (for short "Rules, 2015") vide G.O.Ms.No.3, Industries and Commerce Department (M.I), dated 08.01.2015. It is further stated that as per Rule 4(1)(ii) & (iii) of Rules, 2015, the joint inspection team of various departments identified and inspected 16 sand bearing areas on Godavari river in Bhadradri-Kothagudem District including Bhadrachalam village & Mandal and submitted reports. It is also stated that as per rule 4(1)(iv) of Rules, 2015, the respondent No.3 vide Proceedings No.4124/Sand/2012 dated 30.05.2023 has in-principle allotted 16 3 specified sand bearing areas including Bhadrachalam sand bearing area to respondent No.6, calling for approved Mining plan, Environmental clearance, Consent for Establishment and Consent for Operation and the respondent No.6 vide Lr.No.TSMDC/ BDDKTDM/OSR/2023-24/147 submitted statutory clearances i.e., Approved mining plan issued by the Deputy Director of Mines & Geology, Warangal, Environmental clearance (EC), Consent for Establishment (CFE) & Consent for Operations (CFO) on 21.09.2023 and 06.10.2023 for the remaining sand bearing areas including Bhadrachalam sand bearing area (4.96 Ha) to the respondent No.5 and requested to issue final allotment to M/s TSMDC Ltd., for excavation and supply of sand. It is further stated by the respondent No.5 that it has submitted files to the respondent No.3 on 06.10.2023 and 07.10.2023 for approval of final allotment order but the respondent No.3 rejected the said files due to Model Code of Conduct (MCC) in force and instructed to re-submit after the Code. It is stated by the respondent No.5 that after completion of MCC, the said files would be submitted to respondent No.3 for approval of final allotment of 10 specified sand bearing areas including Bhadrachalam sand bearing area (4.96 Ha) in favour of M/s.TSMDC Ltd., subject to condition that TSMDC Ltd., shall enter into agreement with the concerned local registered Tribal Sand Societies of the subject areas duly obtaining the eligible sand society details from the respondent 4 No.8 and Gram Panchayat resolution from the concerned as per Telangana Panchayats Extension to Scheduled Areas (PESA) Rules, 2011.
5. The learned counsel for the petitioner has vehemently contended that the petitioner-society is fully eligible for grant of permission/license to the excavation and transportation of sand quarry reach situated at Bhadrachalam Town and Mandal, Bhadradri-Kothagudem District and even though the respondent No.6 vide impugned proceedings dated 21.09.2023 requested the respondent No.8 to furnish details of registered eligible sand tribal society, till date, the respondent No.8 is not conducting any enquiry and furnishing the required information to the respondent No.6.
6. Per contra, the learned counsel for the respondent No.9 has submitted that the respondent No.9 is also eligible for grant of license to the sand quarry in Bhadrachalam.
7. In view of the above submissions, this Court without expressing any opinion with regard to the merits of the case, deems it appropriate to direct the respondent No.8 to conduct an enquiry and furnish the details of registered eligible sand tribal society to the respondent No.6 as requested vide impugned proceedings dated 21.09.2023, within a period of four(4) weeks from the date of receipt 5 of copy of this order. On furnishing such information, the authorities concerned are directed to grant permission/license to the excavation and transportation of sand quarry reach situated at Bhadrachalam Town and Mandal, Bhadradri-Kothagudem District, in accordance with law.
8. Accordingly, this Writ Petition is disposed of.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
_________________________ C.V.BHASKAR REDDY, J Date: 25.04.2024 scs