Telangana High Court
M/S.Sri Sai Minerals vs The State Of Telangana And 3 Others on 2 September, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.26540 OF 2022
ORDER:
Heard Mr. Vedula Srinivas, learned Senior Counsel representing Mrs. Vedula Chitralekha, learned counsel for the petitioner and learned Government Pleader for Mines and Geology appearing for respondent Nos.1 to 3 and Mrs. N. Shobha, learned counsel representing Mrs. P. Vijaya Lakshmi, learned counsel for respondent No.4.
2. This writ petition is filed to declare the proceedings of respondent No.2 in No.399328/R2-1/2019, dated 20.01.2022 granting lease in favour of respondent No.4 over an extent of 4.654 hectors in Survey No.97 of Salarpur Village, Kadthal Mandal, Ranga Reddy District by overlooking the application of the petitioner as illegal and for a consequential direction to the respondents to consider the application of the petitioner dated 20.04.2017 for grant of quarry lease.
3. The petitioner herein had submitted an application dated 20.04.2017 to respondent No.1 seeking quarry lease in respect of the 2 KL,J W.P. No.26540 of 2022 land admeasuring 9.712 hectors in Cheepununthala Village of Talakondapalli Mandal, Ranga Reddy District.
4. Respondent No.2 is the competent authority for grant of quarry lease after calling for report from respondent No.3. Vide letter dated 05.05.2017, respondent No.3 had referred the said application to respondent No.2 along with the report and Technical Staff Inspection, dated 04.05.2017 stating that the subject land is suitable for quarrying of Quartz and Feldspar. He has also further stated that the application of the petitioner deserves to be considered and that the subject land is situated in Compartment No.417 (Forest Land). Hence, necessary permission is to be obtained from the Principal Chief Conservator of Forest, Government of Telangana.
5. Vide memo, dated 16.06.2017, respondent No.2 had requested respondent No.3 to verify whether there are any other applications filed over the subject land. Vide letter dated 21.09.2017, respondent No.3 had informed respondent No.2 that there are no earlier applications filed in respect of the subject land. Respondent No.3 vide letter dated 29.09.2017 informed respondent No.2 stating that further action can be taken on its application. The said fact was 3 KL,J W.P. No.26540 of 2022 also informed to the Assistant Director, Mines and Geology, Mahabubnagar, as the subject land is falling under the jurisdiction of the said Authority. In view of the said observation of respondent No.3, the subject land is falling in the Forest Area, the application has been forwarded to the Principal Chief Conservator of Forest for clearance and the same is pending.
6. According to the petitioner, his application is pending with the Department and it is not rejected. In the meanwhile, he came to know that quarry lease was granted in favour of respondent No.4 in respect of the very same land. Respondent No.4 had shown the very same land for which the petitioner herein has made the application in 2017 situated at Salarpur Village of Kadthal Mandal. The Geo Co- ordinates furnished by the petitioner are falling within the Geo Co- ordinates shown in the map enclosed to his application and, therefore, the land is the same, though shown as situated in a different village. Moreover, respondent No.4 has shown the said land as Government Land instead of showing it as Forest Land. Thus, the land being the same, the respondents have acted illegally in overlooking the 4 KL,J W.P. No.26540 of 2022 application of the petitioner and by taking the application of respondent No.4 as if there are no prior applications.
7. The entire work relating to grant of quarry lease by the Mining Department is done with the help of Google Maps and the Geo Co-ordinates so as to fix the mining area in a precise manner and to see that no mining takes place beyond the fixed Geo Co-ordinates. The respondent authorities have deliberately sidelined the application of the petitioner and processed the application of respondent No.4 and grated lease to him illegally. Accordingly, respondent No.2 had issued proceedings dated 28.01.2022 granting quarry lease in favour of respondent No.4 over the subject land i.e., over an extent of 4.654 hectors in Survey No.97 of Salarpur Village of Kadthal Mandal, Ranga Reddy District. Challenging the same, the petitioner filed the present writ petition.
8. Mr. Vedula Srinivas, learned senior counsel appearing for the petitioner, have made the following submissions:
i) The application of the petitioner is the first application, and with regard to the land i.e., extent of 9.712 hectors in Survey No.417 5 KL,J W.P. No.26540 of 2022 (Forest Land) of Cheepununthala Village, Talakondapally Mandal, Ranga Reddy District, there is no other application;
ii) There is overlapping of the survey numbers and also the land;
iii) The entire work relating to grant of quarry lease by the Mining Department will be done with the help of Geo Co-ordinates so as to fix the mining area in a precise manner and to see that no mining takes place beyond the fixed Geo Co-ordinates.
iv) It is not beyond the knowledge of the official respondents that the Geo Co-ordinates of the land for which respondent No.4 has sought for the quarry lease are overlapping though the description of Villages and Mandals are shown differently.
v) It is the obligation of the official respondents to take notice of pending application of the petitioner and to take a decision by allotting the quarry lease in favour of the prior applicant. Instead of doing so, the respondents deliberately sidelined the application of the petitioner and shown the application of respondent No.4 to the land in 6 KL,J W.P. No.26540 of 2022 a different Village and Mandal. The same is a government land, but not forest land.
vi) Accordingly, respondent No.4 has been favoured unduly and the quarry lease has been granted in his favour in violation of Article - 14 of the Constitution of India.
vii) Learned Senior Counsel has also referred to the internal correspondence between respondent No.2 and respondent No.3 and also maps showing the Mining Lease applied area of Quartz and Feldspar in Cheepununthaala Village. With the said submissions, he sought to set aside the impugned proceedings.
9. Learned Government Pleader for Mines and Geology, on instructions, would submit that there is no violation of the procedure laid down under law by respondent Nos.2 and 3. According to the petitioner, the land is forest land and, therefore, he has to submit clearance certificate from the Forest Department and also Environment Clearance, FCO and CFE. The petitioner has to submit Scrutinized Quarry Plan, Environmental Clearance, CFO and CFE for grant of Quarry Lease. The petitioner herein failed to submit the 7 KL,J W.P. No.26540 of 2022 same. Therefore, respondent Nos.2 and 3 have not considered the said application of the petitioner.
10. Mrs. N. Shobha, learned counsel appearing for respondent No.4, would submit that respondent No.4 had submitted an application with respondent No.1 on 24.09.2018 for grant of lease Quartz & Feldspar in over an extent of 9.0 Hectors in Survey No.97 (Government Land) of Salarpur Village, Kadthal Mandal, Ranga Reddy District. The said land is a Government Land as confirmed by the report of the Tahsildar, dated 30.07.2019. On conducting inquiry, the said land is 'Gairan Sarkari' and the Revenue Authorities have informed that there is no objection for grant of quarry lease in the said land over an extent of Acs.12.00 as against the applied area of 9.00 Hectors. They have also furnished sketch of the recommended area to respondent No.3. Respondent No.3 vide his letter dated 28.11.2019 forwarded the application to respondent No.2 for an extent of 4.654 Hectors or Acs.11.20 guntas. Respondent No.2 vide notice dated 10.12.2019 informed respondent No.4 with regard to the in principle decision to grant quarry lease in respect of the above said land and requested him for submission of Scrutinized Quarry Plan, Environmental Clearance, CFO and CFE for grant of quarry lease. 8
KL,J W.P. No.26540 of 2022 Respondent No.4 had submitted the said statutory clearances. Considering the matter in detail, respondent No.2, vide proceedings, dated 20.01.2022 granted quarry lease for Quartz and Feldspar over an extent of 4.654 Hectors (Acs.11.20 guntas) in Sy.No.97 of Salarpur Village, Kadthal Mandal for a period of 20 years in favour of respondent No.4. Respondent No.3 had also executed Quarry Lease Deed and issued work orders dated 11.02.2022 for the period from 11.02.2022 to 10.02.2042.
11. The application of the petitioner is over a forest land and the Village and Mandal etc., are different and distinct. A joint inspection was conducted at the request of respondent No.4 regarding quarry lease granted, the Assistant Director, Survey & Land Records, had submitted report dated 22.03.2022, fixed boundary of Sy.No.97 which is an extent of Acs.129.10 (Government Land), situated at Salarpur Village, Kadthal Mandal, Ranga Reddy District. On receipt of the same, the Tahsildar, Kadthal, had submitted a report dated 28.03.2022 to the District Forest Officer, Amangal, Ranga Reddy District. Pursuant to the Joint Inspection, demarcation and boundaries were fixed for Sy.No.97 of Salarpur village and there is no forest in the land proposed for quarry lease. Thus, the quarry lease granted in 9 KL,J W.P. No.26540 of 2022 favour of respondent No.4 is not a forest land and it is purely in different and distinct area. The petitioner had submitted an application mentioning a different land and, which is a forest land, without submitting clearances as required under law filed the present writ petition with a mala fide intention. With the said submissions, she sought to dismiss the present writ petition.
12. The above said rival submissions and facts would reveal that the petitioner herein had made an application on 20.04.2017 to respondent No.2 for grant of mining lease in respect of Quartz and Feldspar by mentioning the extent of area as 9.712 Hectors of compartment No.417 of Forest Land situated at Cheepununthala Village of Talakondapally Mandal, Ranga Reddy District. Whereas, respondent No.4 had submitted his application dated 24.092018 with respondent No.2 for grant of lease in respect of Quartz & Feldspar for the land in Survey No.97 situated at Salarpur Village of Kadthal Mandal, Ranga Reddy District. Thus, according to the petitioner, his land is 'forest land' and it is in Cheepununthala Village of TalakondapallyMandal, whereas according to respondent No.4, his land is 'Government Land' in Survey No.97 of Salarpur Village of 10 KL,J W.P. No.26540 of 2022 Kadthal Mandal. According to the petitioner, the land for which application submitted by him is that of the land shown by respondent No.4 and the land is one and the same, though respondent No.4 has mentioned different survey number, different village and Mandal.
13. The entire work relating to grant of quarry lease by the Mining Department is done with the help of Google Maps and the Geo Co-ordinates so as to fix the mining area in a precise manner and to see that no mining takes place beyond the fixed Geo Co-ordinates. The respondents had knowledge of the same, even then they have kept the application of the petitioner pending and processed the application of respondent No.4 and granted quarry lease in his favour which is in violation of Article - 14 of the Constitution of India.
14. It is also relevant to note that on receipt of the application submitted by the petitioner, respondent No.3 vide letter dated 05.05.2017 forwarded nine (09) sets of Form 'A' submitted by the petitioner to respondent No.2 with a request to take necessary action. In the said letter, it is also specifically mentioned that the Technical Staff of respondent No.3 office had inspected the applied area on 04.05.2017 along with officials of the Forest Department and reported 11 KL,J W.P. No.26540 of 2022 that the applied area is located 3 km. South Side of Chellampally Village and applied area is South-West of Regulakunta Thanda is at a distance of 1 km. and 3 kms. East to Cheepununthala Village, 8 kms. from Kadthal Mandal headquarters. The applied area can be approachable in all seasons. The applied area is occupied by a Quartz and Feldspar reef. The Quartz occurring in the reef situated in compartment No.417 of Cheepununthala Village is suitable for glass manufacturing industry.
15. Vide memo dated 16.06.2017, respondent No.2 directed respondent No.3 to submit the details of other applications filed over subject area and submit revised proposals accordingly. Vide letter dated 21.09.2017, the Assistant Director of Mines & Geology, Mahabubnagar informed respondent No.3 that as per verification of its office records, there are no earlier applications filed in Compartment No.417 (Forest Land) of Cheepununthala Village, Talakondapally Mandal of Rangareddy District. Vide letter dated 29.09.2017, respondent No.3 narrating the entire facts informed respondent No.2 to furnish the information, if any, available over the subject area application in the office of respondent No.2, and requested respondent No.2 to take further necessary action in the matter. Vide note file 12 KL,J W.P. No.26540 of 2022 dated 20.04.2017, respondent No.3 has stated that it had received certain documents submitted by the petitioner and since the land is in forest, a draft letter is addressed to the District Forest Officer, Ranga Reddy District.
16. It is relevant to note that after 29.09.2017, there is no correspondence / action taken with regard to the application submitted by the petitioner either by the official respondents or by the petitioner. According to the petitioner, the land is falling in forest area and, therefore, as per the procedure, it has to submit Scrutinized Quarry Plan, Environmental Clearance, CFO and CFE. Nine (09) sets of the application were submitted by respondent No.2 to the Principal Chief Conservator of Forest, Hyderabad, vide letter dated 06.11.2017 for taking further necessary action on the application filed by the petitioner herein. Thereafter, the petitioner herein has to submit the above said clearances, but the petitioner herein failed to submit the same.
17. It is also relevant to note that after 06.11.2017, the official respondents have not taken any steps including addressing a letter to the petitioner stating that it has to submit all the required documents / 13 KL,J W.P. No.26540 of 2022 clearances. The official respondents have not even rejected the application submitted by the petitioner herein stating that the application was rejected since the petitioner has not submitted necessary documents / clearances. Both the petitioner and official respondents are silent from 06.11.2017 onwards.
18. The Government vide G.O.Ms.No.122, dated 07.04.1998, G.O.Ms.No.2, dated 02.01.2013 and G.O.Ms. No.4, dated 19.01.2015 had issued certain instructions with regard to obtaining of clearances and NOCs etc. in respect of 'forest land' and 'government land' by mentioning certain timelines. Of course, they are only instructions. If the land is forest land, useful Agency has to submit List-I and List- II Clearances and also Environmental Impact Assessment from the authority concerned. As stated above, the petitioner herein has made an application in respect of 'forest land'. Therefore, an obligation cast upon the petitioner to submit all the clearances / documents as required. The petitioner herein, after 06.11.2017, did not take any steps including submission of clearances from the authorities concerned. He was silent all through.
14
KL,J W.P. No.26540 of 2022
19. On the other hand, respondent No.4 herein has made an application in respect of 'government land' in Survey No.97 of Salarpur Village, Kadthal Mandal, Ranga Reddy District. Since it is a government land, in terms of the aforesaid G.Os., he has to submit NOC from the Revenue Department. Accordingly, he had submitted the same. He had also submitted Scrutinized Quarry Plan approved by the Deputy Director of Mines & Geology, Hyderabad; the State Level Environmental Impact Assessment Authority vide order dated 03.07.2021 issued Environmental Clearance; Consent of Establishment, dated 06.08.2021 and the Consent of Operation, dated 09.08.2021, both issued by the Telangana State Pollution Board. A survey was also conducted and a report was submitted. As per the said report and certificates, the land for which respondent No.4 applied seeking quarry lease is not falling in forest area. Considering the matter in detail, respondent No.2, vide proceedings dated 20.01.2022 granted quarry lease for Quartz & Feldspar over an extent of 4.654 hectors (Acs.11.20 guntas) in Survey No.97 of Salarpur Village, Kadthal Mandal for a period of twenty (20) years in favour of respondent No.4. Respondent No.3 had executed the quarry lease 15 KL,J W.P. No.26540 of 2022 deed and issued work orders dated 11.02.2022 for the said period commencing from 11.02.2022 to 10.02.2042.
20. It is also relevant to note that when respondent No.4 started quarrying operations, Forest Department have objected quarrying operations, as such, he has stopped the work. Therefore, the Tahsildar, Kadthal Mandal had requested the Assistant Director of Survey and Land Records, Ranga Reddy District to conduct joint inspection along with Assistant Director of Mines and Geology, Ranga Reddy District and Forest Department of Ranga Reddy District and to fix up the boundaries of Survey No.97 to an extent of 4.654 hectors within the limits of Salarpur Village of Kadthal Mandal. Accordingly, the Assistant Director of Survey and Land Records, Ranga Reddy District, requested the District Forest Officer to issue necessary instructions to the Forest Range Officer concerned for joint inspection proposed area and Revenue Divisional Officer, Kandukur, was requested to issue instruction to the concerned Deputy Tahsildar for attending the joint survey on 16.03.2022. Accordingly, joint inspection was conducted and the Assistant Director of Survey and Land Records, Ranga Reddy District has submitted report to the 16 KL,J W.P. No.26540 of 2022 Tahsildar, Kadthal Mandal, Ranga Reddy District stating that the joint inspection was conducted, land was demarcated and the boundaries were fixed in Survey No.97 and it was found that there is no forest land in the land proposed for quarry lease. The location sketch map was also enclosed to the said report dated 22.03.2022. It is also relevant to note that vide proceedings dated 07.06.2022, the Forest Range Officer, Amangal, informed the Divisional Forest Officer, Amangal with regard to the conducting of joint survey, submission of report, and as per the same, it is clear that the land in Survey No.97 of Salarpur Village does not come under Reserved Forests and there is no forest in the land proposed for quarry lease. In the said proceedings, it is specifically mentioned that a joint inspection was conducted by the Deputy Inspector of Forest Department i.e., Forest Range Officer and Forest Section Officer with the support of GIS Wing Cadastral Map i.e., Survey points, forest boundaries and mine area demarcation was identified and in the field, inspected Survey No.97 with the map showing Ramnunthala Block superimposed on Google Earth / Latitude and longitude. From the record of the Tahsildar, Kadthal Mandal and the survey report of the Assistant Director of Survey and Land Records (Revenue Department), it is 17 KL,J W.P. No.26540 of 2022 clear that Survey No.97 of Salarpur Village, Kadthal Mandal does not come under the reserved forest and there is no forest in the land proposed area for quarry lease. A map was also enclosed along with the said report.
21. It is also relevant to note that, the Tahsildar, Kadthal Mandal vide his letter dated 28.03.2022 addressed to the District Forest Officer, Amangal Range stating that the Assistant Director, Survey and Land Records, Ranga Reddy District in his letter dated 22.03.2022 informed about the report of joint inspection for the proposed land along with Forest/Mining Department and conducted demarcation and fixed the boundary regarding Survey No.97 of Salarpur Village of Kadthal Mandal. There is no forest in the land proposed for quarry lease, the location sketch map is also enclosed prepared by the Assistant Director, Survey and Land Records, Ranga Reddy District.
22. The aforesaid facts would reveal that respondent No.4 has made application in respect of government land in Survey No.97 of Salarpur Village of Kadthal Mandal, Ranga Reddy District and he has submitted all the relevant documents / clearances. On considering the 18 KL,J W.P. No.26540 of 2022 entire material, respondent No.2 has granted quarry lease in favour of respondent No.4 vide proceedings dated 20.01.2022. Respondent No.3 has also executed quarry lease deed and issued work order dated 11.02.2022 in favour of respondent No.4 for a period of twenty (20) years i.e., from 11.02.2022 to 10.02.2041. On an objection with regard to carrying out operations by respondent No.4, a joint inspection / survey was also conducted by Mining Officials, Revenue Officials with the help of Assistant Director, Survey and Land Records, and as per their reports, there is no forest in the subject land.
23. As discussed above, the petitioner was silent from 06.11.2017. He has not submitted any clearances as required though it has applied in respect of 'forest land'. Therefore, he cannot now contend that there was overlapping of the lands and respondent No.4 has shown the very same land and obtained the impugned proceedings. There is no basis with regard to the said overlapping as contended by the petitioner. In the joint inspection conducted in the presence of Forest Section Officer with the support of GIS Wing Cadastral map, mining area demarcation was identified and in the field, inspected Survey No.97 with the map showing Ramnunthala 19 KL,J W.P. No.26540 of 2022 Block superimposed on Google Earth / Latitude and Longitude. Therefore, the petitioner except filing a Google map showing overlapping has not filed any other document. Therefore, the contention of the petitioner cannot be believed. It is relevant to note that though an application was submitted by the petitioner showing the land as forest therein and that the subject land is overlapping, he has not made the Forest Department Officials as party to the present writ petition. On the other hand, in the aforesaid report, it is specifically mentioned that the land to which respondent No.4 has made application for quarry lease is not falling in forest and there is no forest land.
24. It is also relevant to note that respondent No.1 vide G.O.Ms.No.26 of Industries & Commerce (Mines-I) Department, dated 31.03.2022 has amended the Telangana State Minor Mineral Concession Rules, 1966. As per the said amendment to Rule 12 (1), the procedure for grant of Minor Mineral Concessions in Government Land through auction and the procedure for grant of Minor Mineral Concessions in Patta lands shall be prescribed by the State Government, and all applications for minor minerals received prior to the date of commencement of the said amendments to Telangana 20 KL,J W.P. No.26540 of 2022 Minor Mineral Concessions Rules, 1966, shall become ineligible. Therefore, the petitioner's application is ineligible in view of the said G.O. and amendment to the Minor Mineral Concession Rules, 1996.
25. Viewed from any angle, the petitioner herein failed to make out any case to set aside the impugned proceedings dated 20.01.2022 issued in favour of respondent No.4 herein. Thus, the writ petition is devoid of merits and the same is liable to be dismissed.
26. The present Writ Petition is accordingly dismissed. However, in the circumstances of the case, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 2nd September, 2022 Mgr