National Green Tribunal
Burra Ravitheja vs Ksr Constructions Karimnagar on 20 March, 2025
Item No.01:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Thursday, the 20th day of March 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.20 of 2023 (SZ) &
I.A. No.80 of 2023 (SZ)
IN THE MATTER OF:
Burra Ravitheja
S/o. Parsharamulu
Aged 30 years,
Residing at E1 Hostel, Room No.89,
University College of Law,
Osmania University,
Hyderabad - 500 007
Telangana State.
...Applicant(s)
Versus
1) Union of India
Through the Secretary,
Ministry of Environment, Forest & Climate Change,
Indira Paryavaran Bhawan,
Jor Bagh Road,
New Delhi - 110 003.
2) Union of India
Through the Secretary
Ministry of Mines, Shastri Bhawan,
Dr. Rajendraprasad Road,
Central Delhi - 110 003.
3) The State of Telangana
Through the Director
Mines and Geology,
Myhome Sarovar Building,
Plot No.191 & 192, Vignanpuri Colony,
HMW&SB, Hyderabad,
Telangana - 500 063.
4) District Collector
New Integrated District Offices
Rajanna Sircilla District,
Telangana State - 505 301.
5) Assistant Director
Mines and Geology Department,
New Integrated District Offices
Rajanna Sircilla District,
Telangana State - 505 301.
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6) KSR Constructions
Rep. by its Managing Director,
K. Venkateshwar Rao
10-1-491, Bhagyanagar Colony,
Jyothinagar, Karimnagar,
Telangana - 505 001.
7) Roads and Buildings Department
Government of Telangana
Rep. by its Chief Engineer,
7th Floor, O/o. Engineer-in-Chief (R&B),
Erramunzil, Hyderabad - 500 082.
(R7 - Suo Motu impleaded as per Order dt.15.03.2023)
...Respondent(s)
For Applicant (s): Mr. Burra Ravitheja (Party-in-Person).
For Respondent(s): Mr. T. Raghavan for R1.
Mr. S. Janarthanam for R2.
Mrs. H. Yasmeen Ali for R3 to R5 & R7.
Mr. K.S. Viswanathan, Sr. Adv. a/w.
Mrs. T. Hemalatha for R6.
Judgment Reserved on: 28th February, 2025.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The issue in this Original Application relates to illegal sand mining specifically the excavation of mounds named 'Eddugutta' located between Venkatapur and Peddur in the Rajanna Sircilla District of Telangana and another mound which is located backside of Apparel Park, Rajanna Sircilla District.
2. It is alleged that the illegally mined soil is used for farming bypass road around the Sircilla Town. Therefore, the applicant filed a complaint before the Assistant Director of Mines and Geology and Mandal Tahsildar - Sircilla on 19.03.2022.
Page 2 of 93. It is also stated that based on the information obtained under the Right to Information Act from the departments of Roads and Buildings, Mines and Geology and Revenue, the applicant came to know that the bypass road contract was given to one M/s. KSR Constructions, Karimnagar. It was replied by the Assistant Director of Mines and Geology that no person/company had taken permission for excavating earth near or around Eddugutta. Therefore, the applicant contends that M/s. KSR Constructions has excavated the mound soil illegally without obtaining permission from the Mines and Geology Department and has not paid any royalty to the Government.
4. It is further alleged that in spite of complaints, no action has been taken by Respondents No.4 and 5. As per the information given by the Roads and Buildings Department, Rajanna Siricilla District, a quantity of 4,91,976.00 Cu. M. mound soil is used and as on date of filing the application, the illegal mining is continuing.
5. The applicant further complains that the illegal mining disturbs the biodiversity which may impact the life of the living creatures in and around these mounds and it also impacts the rainfall in that area. In addition, since the excavated soil was transported through trucks without covering by tarpaulin, it resulted in air pollution during transportation.
6. Hence, the applicant filed this Original Application seeking the following reliefs:-
"a) Direct the Respondent No.1 to issue directions to Respondent No.6 under the provisions of the Environment (Protection) Act, 1986 to restore the biodiversity and to stop further excavation of mounds. And to take measures to stop further soil erosion.
b) To direct the Respondent No.4 and 5 authorities to investigate the damage occurred to the biodiversity and to find out the quantity of mound soil excavated so far for the said purpose.
c) To direct the respondent authorities 1 to 5 to collect royalties according to Section 9 and penalty under Section 21 of the MMDR Act, 1957 which Hon'ble NGT may deem fit.Page 3 of 9
d) And to pass such other orders which this Hon'ble Court deem fit and proper in the circumstances of the case."
7. Respondents No.4 and 5 have filed a common counter affidavit stating that the Sircilla Bypass Road project was sanctioned by the Roads & Buildings Department, Government of Telangana, under the work titled "Construction of a Four-Lane Bypass Road from Km 0/0 to Km 11/0 in Karimnagar District"
(now part of Rajanna Sircilla District). The contract for this project was awarded to M/s. KSR Constructions, Karimnagar, through Agreement No. LS AB No/2016-17, dated 08.02.2017.
8. It is stated that the applicant herein lodged a complaint on 19.03.2022, alleging the excavation of earth and gravel in the Eddugutta area. In response, an inspection was conducted on 21.03.2022. However, no personnel, machinery, or tippers were found at the site, as claimed in the complaint. Field observations indicated earthwork activity on the slopes of a small pond adjacent to the mound. Upon local enquiry, it was revealed that certain individuals, including local villagers, had borrowed earth for road construction, government projects, and other local needs. Since the land in question is classified as Government Land, and no excavation permissions were issued by the Mines & Geology Department, vide Lr. No.311/Complaints/2022, dated 23-03-2022, the Mines and Geology Department forwarded the applicant's complaint to the Tahsildar - Sircilla, Tahsildar - Yellareddypet and the Executive Engineer, R&B, Rajanna Sircilla, for necessary action. As the land is under the jurisdiction of the Revenue Department, the Tahsildar - Sircilla, was requested to ensure strict monitoring and protection of the Eddugutta area. Accordingly, the Tahsildar deployed Village Revenue Assistants (VRAs) to maintain continuous surveillance and prevent unauthorized excavation.
9. It is further stated that M/s. KSR Constructions, a road contractor, did not obtain prior approval from the Mines & Geology Department for the extraction of earth in the Eddugutta area. However, it is important to note that, as per G.O. Ms. No.23, I & CAD (PW-COD) Department, dated 05.03.1999, and G.O. Ms. No.94, I & CAD (PW-COD) Department, dated Page 4 of 9 01.07.2003, contractors engaged in government civil works are subject to a recovery mechanism. This mechanism allows for the deduction of Seigniorage Fees and other statutory taxes from the contractor's work bills, with the deducted amounts subsequently remitted to the Mines & Geology Department under the designated Head of Account. For the period from 08.02.2017 to 06.06.2022, the Seigniorage Fee was set at Rs.30 per cubic meter of earth/gravel, as stipulated in G.O. Ms. No.67, Ind & Com (M-I) Department, dated 26.09.2015. As per the report submitted by the Executive Engineer, Roads & Buildings, Rajanna Sircilla, vide Lr. No.EE/R&B/S/DB/T1/2022-23/712, dated 24.11.2022, a total of 4,99,466 cubic meters of ordinary earth was utilized in the said road work. The recovery details for Seigniorage Fees and other statutory taxes are as follows:
Utilized/ Recovery of statutory taxes
Consumed
quantities
Sl. Name of Agreeme
Name of the of gravel/ Seig. Permit
No the nt No. & DMFT SMET
work Morram/ Fee in Fee in
. Agency Date in Rs. in Rs.
Ordinary Rs. Rs.
Earth (in
Cum/MT)
1 2 3 4 5 6 7 8 9
1 Construction M/s. KSR LS AB 499466 1,49,83, Nil 14,98 29,968
of a Four- Construct No/2016 Cum 980 ,398
Lane Bypass ions, -17,
Road from Karimnag dated
Km 0/0 to ar 08.02.20
11/0 in 17
Karimnagar
District
(now in
Rajanna
Sircilla
District).
10. It is also stated that the Roads & Buildings
Department has duly remitted the Seigniorage Fee to the government in accordance with G.O. Ms. No.23 and G.O. Ms. No.94 by recovering the payable royalty from the respective contractor. Following a complaint by the applicant, the department, in coordination with local revenue officials, has maintained strict vigilance over the area through surprise inspections, effectively preventing unauthorized earth extraction. Monitoring has been ongoing since 21.03.2023. It is confirmed that earthwork for the construction of the bypass road was completed on 06.06.2022, and no further extraction is currently taking place in the area. As per S.O. No. 1224(E) issued by the Ministry of Environment, Forest, and Climate Change on Page 5 of 9 28.03.2020, certain cases are exempt from the requirement of Environmental Clearance, including "Extraction or sourcing or borrowing of ordinary earth for linear projects such as roads, pipelines, etc.".
11. Also, it is stated that as per the report of the Executive Engineer, Roads & Buildings, Rajanna Sircilla, a total of 4,99,466 Cu. M. of mound soil/earth was utilized for the construction of the Four-Lane Bypass Road. The Seigniorage Fee amounting to Rs.1,49,83,980 was recovered in compliance with G.O. Ms. No.23 dated 05.03.1999 and G.O. Ms. No.94 dated 01.07.2003. Field observations indicate that earth excavations were found in a pond and on adjoining mound slopes, which should be considered as desilting activities. Similar to the "Amrit Sarovar" development initiative, the Government of Telangana has undertaken the prestigious "Mission Kakatiya" program for the restoration of tanks, ponds, and water bodies. In line with S.O.1224(E), the department continues to protect these water bodies, enforcing strict measures to prevent unauthorized excavation of gravel and earth. In this instance, the extraction and utilization of borrowed earth from the pond area were for a government-sponsored road development project serving public interest. The earth was sourced for the road work until 06.06.2022, with no further procurement thereafter. Notably, the excavation activities were carried out before the issuance of the Office Memorandum dated 08.08.2022.
12. Furthermore, it is stated that unauthorized extraction in the Eddugutta/Kunta area has already been halted, and continuous monitoring is being carried out in coordination with local revenue officials through regular and surprise inspections. The District R&B Officer and the Executive Engineer, R&B, in their report (Lr.No.EE/R&B/S/AB/A1/2022-23/151, dated 28.03.2023), confirmed that the last recorded earthwork activity was on 06.06.2022. Since then, no earth has been borrowed by the contractor, and no unauthorized excavation has taken place in the Eddugutta area. Officials from the Revenue, Mines & Geology departments continue to conduct frequent inspections to ensure that no illegal earth extractions occur.
Page 6 of 913. The 6th Respondent (M/s. KSR Constructions) has filed a reply stating that the Sircilla Bypass Road contract was awarded to the 6th Respondent by the Government of Telangana on 08.02.2017. As per routine practice, any contractor undertaking government work has to pay a seigniorage fee for the excavation of earth for the project to the Roads and Buildings Department. The Roads and Buildings Department, in turn, pays the seigniorage fee to the government as per the applicable government orders. Based on the utilization of ordinary earth amounting to 4,99,466 Cu. M., this respondent has paid the required fees for extracting earth for the contract. The royalty has been paid to the Government of Telangana by the Roads and Buildings Department, which has collected the same from the contractor/6th Respondent. In the instant case, roadwork was carried out only until 06.06.2022, and this respondent has not undertaken any earthwork thereafter. Therefore, without ascertaining the factual position, the applicant has approached this Tribunal, which constitutes an abuse of the legal process.
14. The 6th Respondent has further stated that Respondents No.4 and 5 have pointed out that after 06.06.2022, no earth was excavated by the contractor and no unauthorized works are taking place in Eddugutta. Hence, the Original Application is liable to be dismissed.
15. It was also stated by the 6th Respondent that they have neither excavated any earth from Survey No.408 of Peddur Village, Sircilla Mandal nor in any other government land. The 6th Respondent has taken earth and thereafter, levelled the same only in Survey No.406/6 belonging to a private landowner. In respect of this extraction, the Government has already collected Rs.1,49,89,980/- in respect of a volume of 4,99,466 Cu.M. Therefore, there is no evasion of payment to the Government. It is further stated by the 6th Respondent that the applicant has made a bald allegation without ascertaining the true factual position.
Page 7 of 916. The 7th Respondent, which is the Roads and Buildings (R&B) Department, has filed a report stating that the Executive Engineer, R&B Department reported on 13.05.2022 that the 6th Respondent has excavated 4,91,976 Cu.M. of earth soil which is used for the entire bypass road project and the Roads and Buildings Department has recovered the seigniorage fee charges to the extent of Rs.1,49,38,196/- as per the rules in force.
17. The applicant, who appeared in person, has reiterated that difference in the seigniorage fee said to have been paid by the 6th Respondent and reported by the 7th Respondent shows that there is illegal mining. According to him, the excavation was stopped from January 2023 and prayed for the restoration of biodiversity in the said area, though details of the threat to the biodiversity were not mentioned either in the pleadings or during the course of the hearing.
18. The learned Senior Advocate Mr. K.S. Viswanathan appearing for the 6th Respondent has denied the allegation that they were engaged in the illegal mining and reiterated that they have stopped the mining in the year 2022 itself.
19. The learned counsel appearing for the State of Telangana submitted that the complaint itself is not specific since the survey numbers were not mentioned. Moreover, the inspection was carried out on 21.03.2023 and found that there was no illegal mining.
20. In respect of Prayers (a) & (b), cited supra, the applicant has not furnished any details relating to the threat to the biodiversity except to make a general claim that the biodiversity has to be restored by stopping further excavation of mounds. Therefore, the applicant cannot seek roving enquiry on mere apprehension and both the prayers (a) & (b) cannot be considered. However, the Director of Mines and Geology and the Revenue Authorities are directed to keep a close vigil on the mounds reported in this present application to ensure that there is no illegal excavation in future.
Page 8 of 921. With respect to Prayer (c), it is noted that the 7th Respondent/Roads and Buildings Department has already collected the seigniorage fee due as per the rules in force and it is reported that a sum of Rs.1,49,38,196/- was collected. However, the Project Proponent/6th Respondent has reported that a sum of Rs.1,49,89,980/- has been paid by them towards the seigniorage fee. So, this discrepancy needs to be verified.
22. In as much as the departments have confirmed that the 6th Respondent has been officially entrusted with the task of laying the bypass road and the required seigniorage fee has also been collected with reference to the existing rules, the concerns raised by the applicant have been addressed. However, the 7th Respondent/Roads and Buildings Department is directed to verify the claim made by the 6th Respondent that they have paid an amount of Rs.1,49,89,980/- for the 4,99,466 Cu. M. quantity of earth mined. The balance amount, if any, may be collected in accordance with law.
23. With the above directions, this Original Application [O.A. No.20 of 2023 (SZ)] is disposed of.
24. Consequently, the interlocutory application [I.A. No.80 of 2023 (SZ)] is closed.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.20/2023 (SZ) & I.A. No.80/2023 (SZ) 20th March, 2025. Mn.
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