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3. Brief facts leading to the filing of the present writ petition are that the petitioner is a society registered under the provisions of Telangana Co-operative Societies Act of 1964 and is represented by its President. Exercising powers conferred under Section 15(1) of Mines and Minerals (Development and Regulation) Act, 1957, the Governor of Telangana, in supersession of all the earlier orders issued in the composite State of Andhra Pradesh and in accordance with the new Sand Mining Policy-2014 for the State of Telangana, made rules to regulate the Mining and Transportation of sand in the State of Telangana. The said Rules are called new Telangana State Sand Mining Rules, which were published in G.O.Ms.No.3, Industries and Commerce (Mines-I) Department dated 08.01.2015; Rule 2 deals with allocation of specified sand bearing areas located partially/fully in scheduled areas shall be as per the Panchayat Extension to Scheduled Areas (PESA) Rules, 2011. Since, the specified sand bearing areas of Manaspally, Eturunagaram-I and Eturunagaram-II which are subject matter of the present PMD,J W.P.Nos. 18709, 22129 & 22313 of 2022 writ petition are located in the scheduled area, for the purpose of allocation of the said sand bearing areas should be as per the PESA Rules, 2011, it is pertinent to mention here that in the case of sand reaches falling partly or fully in Scheduled Areas, Project Officer, ITDA concerned shall be one of the member to the District Level Sand Committee (DLSC) which is headed by the District Collector as Chairman. It is submitted that since the subject sand bearing areas are located in notified Scheduled Area, the prospecting license or Mining lease for extraction of sand, which is a Minor mineral should be as per the Rule 7 of Panchayats Extension to Scheduled Areas (PESA) Rules, 2011 and that the subject sand bearing areas are located in the scheduled areas, the petitioner's society which is consisting of ST members has made an application for grant of prospective license or mining lease for extraction of sand (Minor Mineral) in their scheduled area; and the said application was referred to concerned Gram Panchayat for consideration as per the rules. It is submitted that the concerned Gram Panchayat has considered the application under the Gramsabha as per rule 2(ii) and appropriate resolutions have been passed by the Gramsabha under Rule 4 of the PESA Rules-2011. Thereafter, PMD,J W.P.Nos. 18709, 22129 & 22313 of 2022 the District Level Sand Committee (DLSC for short) has obtained joint inspection reports from the Ground Water, Irrigation, Revenue and Mines & Geology Departments in respect of the subject Sand Bearing areas amongst others. Consequently, the respondent No.2 issued proceedings No.33/Sand/2019, dated 17.12.2020 making in principle allotment of sand reaches to respondent No.4 with a direction to follow the PESA Rules, 2011 and the guidelines for sale of sand that the final allotment order in respect of the sand reaches will be issued in its favour after submission of Environmental Clearance (EC), Consent for Establishment (CFE) and Consent for Operation (CFO) for extraction of sand. However, on the ground that SBA is falling within Eco-Sensitivity Zone of Eturunagaram Wild Life Sanctuary, the application of the petitioner's society has not been acceded to and the final allotment proceedings have not been issued. It is submitted that the respondent No.5 has taken an objection that the area in which the sand mining is proposed to be carried out by the petitioner's society, is falling within Eco-Sensitivity Zone of Eturunagaram Wild Life Sanctuary, the respondent No.2 is not PMD,J W.P.Nos. 18709, 22129 & 22313 of 2022 issuing the final allotment proceedings to the petitioner's society.

(vii) The DLSC further observed that after obtaining the said clearances, M/s.TSMDC has to follow the PESA Act/Rules and guidelines for quarrying and sale of sand from the following areas:

Sl.No. Name of the Village & Mandal Quantity of Sand Bearing Sand in Area CBM
1. Mananasapally Manasapally (v) 99,782 Eturunagaram(m)