Telangana High Court
Sri Lai Narsimha Swamy Sand Quarry ... vs The State Of Telangana on 24 June, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION NO.14730 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents more specifically respondent Nos. 2 to 5 in not allowing the petitioner to excavate the sand despite the lease agreement vide Proceedings No 33/sand/2019-10 dated 27.06.2023 being in subsistence until the end of June 2024 and in not considering the representation made by the Petitioner dt.07.05.2024 seeking renewal of the lease agreement in respect of Rampur sand reach in Godavari River at Rampur Village, Wazeedu Mandal, Mulugu District, for extension of the lease period from 26.06.2024 to further period of one 1 year as the petitioner society got substantial losses incurred over the past 7 to 8 months from unavoidable circumstances as issues raisd by the forest departments floods nexal attacks and other issues is being arbitrary illegal and unconstitutional and violative of Article 300A of the Constitution of India and consequently direct the respondents not to interfere with the mining activity of the petitioner society and also direct the 4th respondent to extend the lease for a period of one 1 year in respect of Rampur sand reach in Godavari River at Rampur Village, Wazeedu Mandal, Mulugu District, by considering the representation dated 07.05.2024 made by the Petitioner..."
2. Heard Sri N.Ravi Prasad, learned counsel for the petitioner, learned Government Pleader for Cooperation, appearing for respondent No.1, Sri Vishnuvardhan Reddy, learned Standing Counsel appearing for respondent No.2, 2 CVBR,J wp_14730_2024 learned Assistant Government Pleader for Revenue appearing for respondent Nos.3 and 5 and learned Assistant Government Pleader for Mines and Geology appearing for respondent No.4.
3. The petitioner is a society registered under the provisions of the Telangana Cooperative Societies Act, 1964. It is the case of the petitioner that it has obtained all necessary permissions from the competent authorities for allotment of sand quarry and after complying with all the requirements, respondent No.4 executed the Lease Agreement vide proceedings, dated 27.06.2024 in its favour in respect of Rampur sand reach in Godavari River at Rampur (V), Wazeedu Mandal, Mulugu District, for a period of one year i.e., from 27.06.2023 to 26.06.2024 over an extent of 24.9 Hectres for extraction and transportation of sand for a quantity of 4,98,182 M3 as per Rule 4 (1)(iv)(c) of Telangana State Sand Mining Rules, 2015.
4. The grievance of the petitioner is that even before expiry of the said Lease Agreement, the respondents are not allowing the petitioner to operate the sand quarry on the ground that the Environment Clearance Certificate obtained by the petitioner vide Consent Order No.949- 3 CVBR,J wp_14730_2024 WGL/TSPCB/ZOH/CFO/2023-251, dated 09.06.2023, has expired.
5. Learned Assistant Government Pleader for Mines and Geology by placing reliance on the Environment Clearance Certificate, dated 09.06.2023, issued by the Joint Chief Environment Engineer, Telangana State Pollution Control Board, Zonal Office, Hyderabad, has submitted that the petitioner is not having valid consent order issued by the State Level Impact Assessment Authority for extraction and transportation of sand and in the absence of the same, the petitioner is not permitted to carryout quarry operations.
6. Admittedly, the petitioner was granted permission for carrying out quarry operations as per the Lease Agreement, dated 27.06.2023 executed by the Assistant Director Mines and Geology, Mulugu District. The respondents only after verification of all the necessary certificates obtained by the petitioner, such as Mining plan, Environmental Clearance (EC), CFE, CFO etc, have executed the Lease Agreement in favour of the petitioner for carrying out quarry operations for a period of one year i.e., from 27.06.2023 to 26.06.2024 subject to certain terms and conditions.
4
CVBR,J wp_14730_2024
7. In view of the above, the Writ Petition is disposed of directing the respondents not to interfere with the mining activities of the petitioner-Society, in any manner, till the expiry of lease in terms of Lease Agreement, dated 27.06.2023. It is made clear that if the petitioner violates any of the terms and conditions of the Lease Agreement, dated 27.06.2023, the respondents shall take necessary action against the petitioner, in accordance with law. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
___________________________________ JUSTICE C.V.BHASKAR REDDY Date: 24.06.2024 YVL