Andhra Pradesh High Court - Amravati
Proceeding Sheet vs 5 Hectors Of Land In Sy.No.1 Of Addukonda ... on 22 June, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No.W.P.No.16040 of 2022
PROCEEDING SHEET
Sl.No DATE Office
ORDER
Note 22.06.2022 RRR, J The petitioner was granted a mining lease over 5 hectors of land in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District for a period of 20 years.
The petitioner had been operating the said lease without any complaint. However, the petitioner's I.D bearing No.0121030116 in the e-permit system maintained by the Mines and Geology Department has been blocked by the respondents due to which the petitioner is unable to obtain environmental clearance for transporting the material from the said lease.
It appears that the I.D. of the petitioner was blocked primarily due to some confusion as to whether the lease for 5 hectors required to obtain environment clearance or not. It also appears from the record that there is no clarity on this issue in the Minds of the respondents also, as the Assistant Director of Mines and Geology, by letters dated 28.01.2022 and 10.02.2022 sought clarification from the Director of Mines. Similarly, the Pollution Control Board, which is the authority to issue such environment clearance, had also expressed a similar confusion in its proceeding dated 11.03.2022.
In the circumstances, it would be wholly inappropriate to block the I.D of the petitioner on the ground that the petitioner is required to obtain environment clearance at this stage itself.
In the circumstances, there shall be an interim direction to the 2nd respondent to unblock the I.D of the petitioner in the e-permit system and to issue 2 transport permits, subject to the petitioner complying with all the required formalities.
Post on 29.07.2022 for counter.
_________ RRR, J Js.