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National Green Tribunal

Gottimukkala Suresh Reddy vs District Collector And Dlsc Chairman on 23 December, 2022

Author: K. Satyagopal

Bench: K. Satyagopal

Item No.5:-

              BEFORE THE NATIONAL GREEN TRIBUNAL
                   SOUTHERN ZONE, CHENNAI

                           (Through Video Conference)

                    Original Application No.123 of 2022 (SZ)


IN THE MATTER OF


      Gottimukkala Suresh Reddy
      Telangana State and Ors.

                                                                ...Applicant(s)
                                    Versus

      The District Collector & DLSC,
      Chairman,
      Telangana State and Ors.
                                                               ...Respondent(s)

Date of hearing: 23.12.2022.


CORAM:


HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER



For Applicant(s):               M/s. K. Uma.

For Respondent(s):              Mr. A. Sanjeev Kumar, Spl. G.P. for R3.
                                Mr. S. Diwakar for R5.




                                   Page 1 of 4
                              ORDER

1. The issue relates to the illegal sand extraction from the Manair River of Peddapalli District in Telangana State.

2. The allegation is that the 3rd respondent/Telangana State Mineral Development Corporation who is extracting large scale sand from the Manair River for a length of 15 KM through the 8th respondent/ S.K.R. Constructions by way of an agreement entered into on 11.04.2022. It appears that this agreement with the 8th respondent has been entered into pursuant to the bids for various blocks on Odela Mandal, Peddapalli District. The 8th respondent seems to have emerged as a successful bidder and got entered into the contract.

3. From the tender documents, it appears that it is for the desiltation of assessed sand through the Manair River at Pothakapalli Block - 2 in Peddapalli District and the tender documents also specify the desilting area and name. If it is for the desilting, Appendix - IX of the S.O. 141 (E) dated 15.01.2016 specifically provides for the exemption of certain cases from the requirement of Environmental Clearance (EC). The said exemptions include dredging and desilting of dams, reservoirs, weirs, barrages, rivers, and canals for the purpose of their maintenance, upkeep and disaster management. But the allegation is that in the name of desilting and dredging, sand mining is being done.

4. Be that as it may, the learned Special Government Pleader appearing for the State of Telangana would submit that they have valid Environmental Clearance (EC), as these activities are only sand mining as has been stated in the agreement with the 8th respondent. The agreement reads that it is for excavation of 3,50,000 CBM from Madaka - 2 Sand reach from Submergence and upstream of a check dam in Manari River in Peddapalli District.

5. Unfortunately, the Environmental Clearance (EC) which is said to have been obtained is not produced today. Admittedly, sand mining is going on. Since it is submitted by the State of Telangana that it is only a mining of the sand reach, certainly it should have obtained the Environmental Clearance (EC). If sand mining is happening without Environmental Clearance (EC), it would be in utter violation of the law.

6. Therefore, we make it clear that respondents Nos.3 & 8 can continue their operation if they have a valid Environmental Clearance (EC) in their favour which is not produced before us. In case there is no Environmental Clearance (EC), they would refrain from carrying on the mining activity till the date of next hearing.

7. The learned Special Government Pleader is directed to produce a copy of the Environmental Clearance (EC) which is said to have been obtained. The other respondents are also directed to file their replies in this regard.

8. The learned counsel Mr. S. Diwakar appearing for the MoEF&CC has given a short note inviting our attention to the existing guidelines. However, we direct the MoEF&CC to file it in the form of a reply to enable other also to go through it. Let the reply also include and clarify the "B1 Category" and "B2 Category" and what is manual, mechanical and semi-mechanical mining and what are all the permitted methods under each category.

9. Post the matter on 03.01.2023.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.123/2022 (SZ), 23rd December, 2022. Mn.