Telangana High Court
Goundla Vijayender Goud vs The Assistant Director Of Mines And ... on 27 June, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION Nos.8436 and 11670 of 2023
COMMON ORDER:
Writ Petition No.8436 of 2023 is filed seeking Writ of Mandamus, declaring the inaction on the part of respondents more particularly the 3rd respondent herein in not disposing of the Mining Lease Application dated 29.12.2015 of the petitioner for extraction of the mineral - laterite made in an extent of Acres 15-00 in Survey No.646 (Govt land) of Ekmamidi Village, Nawabpet mandal, Ranga Reddy District (presently Vikarabad District) as illegal, arbitrary and contrary to the provisions of the Mines and Minerals (Development & Regulation) Act, 1957, and the Rules made thereunder and consequently direct the respondents herein to grant mining lease in favour of the petitioner in a time bound manner as per the law prevailing on the date of application i.e., 29.12.2015, in the interest of mineral development, law and justice.
2. Writ Petition No.11670 of 2023 is filed seeking Writ of Mandamus, declaring the Show Cause notice No.4314/R2-1/2016 dated 13.04.2023 of the 3rd respondent herein as being contrary to fact, record and law apart from being illegal, arbitrary, violative of principles of natural justice and consequently direct the official respondents more particularly respondent Nos.5 to 10 to conduct a joint survey in the presence of the 2 petitioner and determine the exact area and extent in Survey No.646 of Ekmamidi village, Nawabpet mandal, Vikarabad district, (formerly Ranga Reddy District) which is falling in Reserve Forest so that the petitioner can pursue the remedies available to him as per law without wasting further time, money and energy in the interest of mineral development, law and justice.
3. As both the writ petitions are connected, they are analogously heard and are being disposed of by this Common Order. For the sake of reference, the averments as contained in W.P.No.8436 of 2023 are being taken.
4. Heard Sri Pannala Srinivas, learned counsel for the petitioner; and the learned Government Pleader for Mines and Geology, learned Government Pleader for Revenue, and learned Government Pleader for Forests.
5. Brief facts of the case, as per the averments in the writ affidavit in W.P.No.8436 of 2023, is that the petitioner made an application for grant of mining lease for extraction of mineral - Laterite in an extent of Acres 15-00 in Survey No.646 (Government Land) of Ekmamidi village, Nawabpet mandal, Ranga Reddy District (presently Vikarabad District) vide application dated 29.12.2015 addressed to the 3rd respondent granting authority herein and submitted in the Office of the 1st 3 respondent herein. The 1st respondent vide letter dated 29.12.2015 addressed the 5th respondent to inform the classification and availability of the area including issuing of "No Objection Certificate" for grant of mining lease in the applied area in favour of petitioner. The 5th respondent after due enquiry informed the classification and availability of the area including "No Objection Certificate" for grant of mining lease with regard to the applied area in favour of the petitioner. The 3rd respondent based on the recommendation of the 1st respondent after due inspection and survey of the applied area issued a Letter in Principle agreeing to grant mining lease in favour of petitioner vide Notice No.4314/R.2-1/2016 dated 24.05.2016 along with map drawn to scale of the mining lease area subject to submission of Environment Clearance from SEIAA, CFE and CFO from the T.S. Pollution Control Board along with approved / scrutinized mining plan from the appropriate authority in law. Thereafter, the petitioner obtained the approved scrutinized mining plan vide letter dated 26.07.2016 from the Zonal Joint Director of Mines and Geology, Hyderabad. Thereafter, the petitioner obtained Environmental Clearance vide Order dated 18.01.2020 from the Ministry of Environment, Forests and Climate Change, Government of India, after due conduct of public hearing as required in law. The petitioner also obtained Consent Order for Establishment - Red Category (CFE) vide Order dated 21.04.2020 from the TS Pollution Control Board, and the 4 petitioner also obtained Consent Order for Operation (CFO) vide Consent Order dated 21.04.2020 from the TS Pollution Control Board. All the said statutory approvals were submitted to the 3rd respondent vide covering letter dated 29.06.2020. As the grant of mining lease in favour of petitioner was not forthcoming from the 3rd respondent statutory authority as per the Telangana State Minor Mineral Concession Rules, 1966 (for short, 'the Rules') the petitioner was constrained to file a reminder letter dated 18.11.2021 duly requesting to condone the delay in compliance of obtaining statutory clearances and approvals in time because of reasons beyond the control of petitioner. It is the grievance of the petitioner that his mining lease application dated 29.12.2015 for extraction of mineral-Laterite is not disposed of by the 3rd respondent.
6. Learned counsel for the petitioner while drawing attention to the factual aspects as contained in the writ affidavit would submit that in view of the amendments brought in by the 4th respondent State vide G.O.Ms.No.26, Industries and Commerce (M.I) Department dated 31.03.2022 of the Rules, the mining lease application of the petitioner dated 29.12.2015 is likely to be treated as "ineligible" inspite of issuance of letter in-principle dated 24.05.2016 in favour of the petitioner, and that the petitioner has spent huge amounts in processing his mining lease application for getting statutory approvals required as per law. Learned counsel would submit that in view of the amendments brought 5 in to the Rules, the petitioner apprehends that the applied area of the petitioner is likely to be put up for auction and third parties may be put into possession of the same for exploitation of the mineral-Laterite.
7. A counter affidavit is filed by the 1st respondent stating that the petitioner filed an online application for grant of mining lease on 29.12.2015 for Laterite mineral over an extent of Acres 15-00 guntas in Survey No.646 of Ekmamidi village, Nawabpet mandal, Vikarabad district, and the 1st respondent forward the application to the Tahsildar, Nawabpet mandal, through letter dated 29.12.2015 with a request to furnish report on the availability and classification of land along with No Objection Certificate to take further necessary action as per Rules. The Tahsildar, Nawabpet mandal, vide letter dated 27.01.2016 submitted a report stating that on verification of the village records the land in Survey No.646 to an extent of Ac.15-00 of Ekmamidi village is classified as Government land and informed that there is No Objection for grant of lease in the subject area in favour of the applicant for mining purpose. Based on the No Objection certificate issued by Revenue Department, the applied area was surveyed and inspected on 02.03.2016 by the Surveyor and Assistant Director of Mines and Geology submitted proposal dated 14.03.2016 to the Director of Mines and Geology, Hyderabad, for grant of quarry lease in the subject area in favour of the petitioner as per the Rules in force. After verification of proposals, the Director of Mines and 6 Geology, Hyderabad, issued letter of intent to the petitioner vide Notice dated 24.05.2016 for submission of scrutinized mining plan along with Environmental Clearance and Consent for Establishment and Consent for Operation. Meanwhile, the Sarpanch of Ekmamidi village, filed a representation dated 26.08.2016 before the Director of Mines and Geology, Hyderabad, not to grant the mining lease in Survey No.646 along with other survey numbers as the applied extent is deemed to be falling under Reserve Forest. Later, the Director of Mines and Geology, Hyderabad, in the light of representation, requested the District Collector of the then Ranga Reddy District through letter dated 15.09.2016 to enquire into the classification of land proposed for grant of quarry leases in Survey No.646 and others of Ekmamidi village, Nawabpet mandal, and requested to furnish remarks for further action in the matter. Later the office of Assistant Director of Mines and Geology also requested the District Collector, Vikarabad, through letter dated 16.03.2017 to arrange for enquiry report on the availability and classification of land in the subject area. It is stated in the counter that while the enquiry on the classification of land is under process, the petitioner furnished scrutinized mining plan approved by the Zonal Joint Director of Mines and Geology, Hyderabad vide letter dated 26.07.2016 and also submitted statutory Environmental Clearance issued on 18.01.2020 by the State Level Environmental Impact Assessment Authority and Consent for 7 Establishment from the Pollution Control Board dated 21.04.2020 to the Director of Mines and Geology, Hyderabad. It is further stated that while the above process is going on, the District Forest Officer, Vikarabad, based on the instructions of District Collector, vide letter dated 03.11.2018 and 19.09.2022 furnished the report vide letter dated 04.10.2022 to the District Collector, Vikarabad, on the classification and availability of land in Survey No.646 of Ekmamidi village stating that the Forest Range Officer, Vikarabad, reported that the proposed quarry of laterite mineral in Survey No.646 of Ekmamidi village falls in Ekmamidi Reserve Forest. The District Forest Officer also inspected the subject area and reported that the average canopy of the forest is 0.4 to 0.6 with species like Tellamaddi, marri etc., and unique species of fauna like spotted deer, chowsinga, porcupine and blac napped hares etc., and further informed that Ekmamidi reserved forest is rich in biodiversity compared to other green cover areas in Vikarabad District; and that mining and deforestation is a severe threat to the survival of flora and fauna and that the air pollution will also disturb and is a threat to the ecological balance of natural forests, and therefore the quarry leases of laterite mineral in Survey No.646 and 620 in the subject area may not be accepted and also suggested to reject the proposals; and therefore the Director of Mines and Geology issued Show Cause notice dated 13.04.2023 calling for explanation. Aggrieved by the said Show Cause 8 notice, the petitioner filed another Writ Petition vide WP No.11670 of 2023 seeking direction to the official respondents, more particularly, respondents 5 to 10 to conduct joint survey in the presence of petitioner and determine the exact area and extent of Survey No.646 of Ekmamidi village which is falling in reserve forest so that petitioner can pursue the remedies available to him as per law. It is further stated that the petitioner has submitted reply and the same is under examination and that the application of the petitioner will be disposed of as per prevailing rules. It is further stated that the apprehension of the petitioner is that the order of the Government in GOMs.No.26, Industries & Commerce Department, dated 31.03.2022 in auctioning of mineral bearing government land will affect the prospects of his quarry lease application and therefore the petitioner filed the present writ petition with a prayer to not grant quarry lease in the subject area in favour of third parties. It is further stated that the 3rd respondent after scrutiny of the grant proposals issued in-principle Letter of Intent in favour of petitioner for submission of Scrutinized Quarry Plan, Environmental Clearance, Consent For Establishment and Consent For Operation issued by the authorities concerned and the same have been obtained and submitted to the respondent authorities and therefore after examining the documents submitted by the petitioner, his quarry lease application would be disposed of in accordance with the prevailing rules.
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8. Learned Government Pleader for Mines and Geology would submit that it is the petitioner's apprehension that the prospects of his quarry lease application would be affected in auctioning the mineral bearing government land in favour of third parties and that his application would be disposed of as per relevant rules after examining the documents submitted by the petitioner. At this juncture, learned counsel for the petitioner would submit that a joint survey may be be conducted to determine the location of the subject land so as to ascertain whether it is situated in Reserve Forest or not, so as to expedite the processing of his application.
9. Having considered the respective submissions, and perusing the material on record, the grievance of the petitioner lies in narrow compass. It is his grievance that no orders were passed on his quarry lease application and that he obtained various statutory clearances as required in support of his application and therefore if the mineral bearing land is auctioned, his quarry application prospects would be adversely affected. It is pertinent to note that this Court vide order dated 28.03.2023 while considering the submission made by learned counsel for petitioner that the respondents are likely to grant the land to third party, directed that since the respondents have stated that the subject land is falling in Ekmamidi Reserve Forest area, it cannot be granted to anybody else. It may be further noted that admittedly the petitioner submitted the mining 10 lease application in the year 2015 and there was delay in furnishing certain statutory clearances in support of his application. It is the specific case of the petitioner that the delay in submitting the statutory clearances was beyond his control and though he submitted all the required statutory clearances, the respondents have not acted upon his application. In view of the specific averments in the counter affidavit that the mining lease application of the petitioner is under examination by the respondent authorities and that his application will be disposed of as per the prevailing rules, this Court deems it appropriate to dispose of the writ petitions with a direction to the respondents to conduct a joint survey after giving notice to all the relevant parties concerned and dispose of the mining lease application of the petitioner in accordance with law. This entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
10. Accordingly, the writ petitions are disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.
______________________________ Justice Nagesh Bheemapaka 27th June, 2024 ksm