Andhra Pradesh High Court - Amravati
Sv Minerals Llp vs The Union Of India on 4 August, 2022
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.22191 of 2022
ORDER:
The petitioner had applied for grant of mining lease for Mica, Quartz and Fledspar in an extent of 16.14 hectares of land in Sy.Nos.37 & 38 of Prabhagiri Patnam Village, Podalakuru Mandal, SPSR Nellore District by way of application dated 20.11.2017. The land in which the mining lease was sought belongs to the petitioner. This application of the petitioner was processed and the petitioner was directed to obtain various clearances and permissions including environment clearances and approval of the mining plan.
2. One of the requirements, for commencing mining activities, over such an extent of land, is the requirement of obtaining the consent for establishment and consent for operation as per the Environment Impact Assessment (EIA) notification bearing No.SO.1533, dated 14.09.2006 issued by the Central Government. One of the steps needed to be taken for grant of such clearances is a public hearing. The manner of the said public hearing has also been set out in SO.1533 (E), dated 14.09.2006.
3. At the request of the petitioner, the District Collector, SPSR Nellore District, who is the 5th respondent herein, had directed the 7th respondent, who is the Environment Engineer, Regional Office, Andhra Pradesh Pollution Control Board, Nellore, to conduct such a hearing. However, the hearing could not be conducted initially on account of Covid-19 2 pandemic. Subsequently, when steps were taken for conducting the said hearing, it appears that the local representative of the people had requested that the hearing be cancelled on the ground that the locals are not willing to allow one more mining operation to be initiated in the area as large scale mining has already been going on area.
4. This request was forwarded by the 7th respondent to the Revenue Divisional Officer, Nellore District on 13.12.2021 under a letter bearing No.GN.35/PCB/RO/NLR/2021. Thereafter, no public hearing has been held. Aggrieved by the refusal of the 7th respondent to conduct the said public hearing, the petitioner has approached this Court, by way of the present Writ Petition.
5. The learned Government Pleader for Mines & Geology was called upon to obtain instructions and place the same before this Court. The learned Standing Counsel for Pollution Control Board and State Level Environment Assessment Authority, who is arrayed as 2nd respondent was also called upon to obtain instructions in the matter.
6. The learned Government Pleader for Mines & Geology submits that the issue relates to holding of public environment hearing and it is only after such a hearing is held that the mines department comes into the picture. He would submit that at this stage, the mines department has no role to play.
7. The learned Standing Counsel for the respondent Nos.2 & 7 would submit that in view of the Judgment of the 3 Hon'ble Supreme Court of India in the case of Deepak Kumar & others. Vs State of Haryana & others1, (paragraphs 4, 5 &
11) a public hearing is a mandatory requirement before environment clearances and certificates of establishment and certificates of operations can be issued.
8. In the circumstances, this Writ Petition is disposed of directing the 7th respondent to conduct an environment public hearing in relation to the mining lease sought by the petitioner over an extent of 16.14 hectares of land in Sy.Nos.37 & 38 of Prabhagiri Patnam Village, Podalakuru Mandal, SPSR Nellore District. The said hearing shall be conducted by the 7th respondent, in accordance with the law and after due notice to all the persons who are to be issued such notices. In the event of any apprehension on the part of the 7th respondent, relating to the conduct of the said meeting, it would be open to the 7th respondent to call upon the 5th respondent for assistance and for ensuring that the law and order is maintained in the area while the said hearing is going on. This exercise shall be completed by the 7th respondent within a period of six weeks from the date of receipt of this order. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
04.08.2022 BSM 1 2012 Vol-4 SCC 629 4 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.22191 of 2022 04.08.2022 BSM