Dismissed

Danda Nagendra Kumar, v. The Union of India

Andhra Pradesh HC6 Dec 2023WP(PIL)/203/2023

Case brief

AI extract

What is this about?

In this PIL, the petitioner challenged the tender notification for sand mining by the Department of Mines and Geology and MSTC, alleging violation of the Inland Waterways Authority of India Act and failure to comply with prior no-closure communication. The court found the mining legality issue was already sub-judice before the National Green Tribunal.

What did the court decide?

The present PIL was closed without proceeding further; no order as to costs.

Danda Nagendra Kumar, Vs The Union of India — Environment and Pollution | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^^^ (Special Original Jurisdiction)

¶2

Q-

¶3

WEDNESDAY. THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

¶4

9fl

¶5

PRESENT

¶6

HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND

¶7

HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

¶8

WP(PIL) NO: 203 OF 2023

¶9

Between;

¶10

Danda Nagendra Kumar, S/o Sathyanarayai-ia, Aged 36 years, Occ; Business, r/o.D.No.1-77, Ganesh Nagar Dharanikota Village, Amaravati Mandal

¶11

Guntur District, A.P.-522 020

¶12

Mobile No; 9949900000 Email address; dandanagendra@gmail .com Aadhar 3223 6702 8750 pan No. ASKPD3945P SB A/c; 864910110008862, Bank of India, Brodipet Branch, Guntur.

¶13

.. .Petitioner

¶14

And

¶15

The Union of India,

¶16

Rep. by its Secretary, Ministry of Environment, Forest 8& CC,

¶17

Indira Paryavaran Bhawan, dor Bagh, New Delhi 1 10 003. TKe- Sttxte of ArviUcf®^pa^he Chief Secretary, State of Andhra Pradesh, Secretariat Building, B-Block, Velagapudi, Guntur, Andhra Pradesh-521 456

¶18

The Principal Secretary, Department of Mines and Geology, State of Andhra Pradesh, Secretariat Building, B-Block, Velagapudi, Guntur, Andhra Pradesh-521 456

¶19

The Secretary, Irrigation and Water Resources Department, Government of Andhra Pradesh,

¶20

	Secretariat Building, B-Block, Velagapudi, Guntur, Andhra Prcidesh-521 456
5.	The Chairman, Andhra Pradesh Pollution Control Board, D.No.33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawda-520 010
6.	The Joint Director, Ministry of Environment, Forest & Climate Change, Green House, Copalreddy Road, Vijayawada-520 010
7.	The Director, Department of Mines and Geology, Sri Anjaneya Towers, D.No.7-104, B-Block, 5th and 6th Floors, Vijayawada, Ibrahimpatnam, Andhra Pradesh-521 456
8.	The State Environment Impact Assessment Authority (SEIAA) Rep. by its Member Secretary, D.No.33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawda-520 010.
9.	The Chairman and Managing Director, Metal Scrap Trade Corporation Limited (MSTC), Plot No.CF-18/2, Street No.175, Action Area 1C, New Town, Kolkata - 700156.
10.	The Engineer in Chief (Irrigation), Water Resources Department, Government of Andhra Pradesh, Irrigation Compound, Governerpet, Vijayawada, NTR District, A.P. - 520002.
1 1.	The Executive Engineer, Krishna Central Division, Water Resource Department, Government of Andhra Pradesh, Governorpet, Vijayawada, AndhraPradesh-520002.

$ %

12.	The Director, Inland Waterways Authority of India, Ministry of Ports, Shipping and Waterways Government of India, Irrigation Circle Office Complex, Governorpet, Vijayawada, Andhra Pradesh.
13.	The Commissioner, The Special Enforcement Bureau, Government of Andhra Pradesh, Mangalagiri, Guntur District.
14.	The District Mines and Geology Officer, Mines and Geology Department, Srikakulam District, Andhra Pradesh.
15.	The District Mines and Geology Officer, Minesand GeologyDepartment, Manyam District, Andhra Pradesh.
16.	The District Mines and Geology Officer, Mines and Geology Department, Vijayanagaram District, Andhra Pradesh.
17.	The District Mines and Geology Officer, Mines and Geology Department, Visakhapatnam District, Andhra Pradesh.
18.	The District Mines and Geology Officer, Mines and Geology Department, Anakapalli District, Andhra Pradesh.
19.	The District Mines and Geology Officer, Mines and Geology Department, Alluri Sita Rama Raju District, Andhra Pradesh.
20.	The District Mines and Geology Officer, Mines and Geology Department, Konaseema District, AndhraPradesh.

I I*' ii

21.	The District Mines and Geology Officer, Mines and Geology Department, Kakinada District, Andhra Pradesh.
22.	The District Mines and Geology Officer, Mines and Geology Department, East Godavari District, Andhra Pradesh.
23.	The District Mines and Geology Officer, Mines and Geology Department, West Godavari District, Andhra Pradesh.
24.	The District Mines and Geology Officer, Mines and Geology Department, Eluru District, Andhra Pradesh.
25.	The District Mines and Geology Officer, Mines and Geology Department, Krishna District, Andhra Pradesh.
26.	The District Mines and Geology Officer, Mines and Geology Department, N.T.R. District, Andhra Pradesh.
27.	The District Mines and Geology Officer, Mines and Geology Department, Guntur District, Andhra Pradesh.
28.	The District Mines and Geology Officer, Mines and Geology Department, Palnadu District, Andhra Pradesh.
29.	The District Mines and Geology Officer, Mines and Geology Department, Bapatla District, AndhraPradesh.

¶30

30.	The District Mines and Geolo^ Officer, Mines and Geology Department, Prakasam District, Andhra Pradesh.
31.	The District Mines and Geology Officer, Mines and Geology Department, Nellore Sri Balaji District, Andhra Pradesh.
32.	The District Mine's and Geology Officer, Mines and Geology Department, Chittoor District, Andhra Pradesh.
33.	The District Mines and Geology Officer, Mines and Geology Department, Annamayya District, Andhra Pradesh.
34.	The District Mines and Geology Officer, Mines and Geology Department, Y.S.R. Kadapa District, Andhra Pradesh.
35.	The District Mines and Geology Officer, Mines and Geology Department, Anantapur District, Andhra Pradesh.
36.	The District Mines and Geology Officer, Mines and Geology Department, Sri Satya Sai District, Andhra Pradesh.
37.	The District Mines and Geology Officer, Mines and Geology Department, Kurnool District, Andhra Pradesh.
38.	The District Mines and Geology Officer, Mines and Geology Department, Nandyal District, AndhraPradesh.

¶31

ft-

¶32

39.	The District Collector,
	Srikakulam District, Andhra Pradesh.
40.	The District Collector, Manyam District, Andhra Pradesh.
41.	The District Collector, Vijayanagaram District, Andhra Pradesh.
42.	The District Collector, Visakhapatnam District, Andhra Pradesh.
43.	The District Collector, Anakapalli District, Andhra Pradesh.
44.	The District Collector, Alluri Sita Rama Raju District, Andhra Pradesh.
45.	The District Collector, Konaseema District, Andhra Pradesh.
46.	The District Collector, Kakinada District, Andhra Pradesh.
47.	The District Collector, East Godavari District, Andhra Pradesh.
48.	The District Collector, West Godavari District, Andhra Pradesh.
49.	The District Collector, Eluru District, AndhraPradesh.

¶33

¶34

50.	The District Collector
	Krishna District, Andhra Pradesh.
51.	The District Collector, N.T.R. District, Andhra Pradesh.
52.	The District Collector, Guntur District, Andhra Pradesh.
53.	The District Collector, Palnadu District, Andhra Pradesh.
54.	The District Collector, Bapatla District, Andhra Pradesh.
55.	The District Collector, Prakasam District, Andhra Pradesh.
56.	The District Collector, Nellore Sri Balaji District, Andhra Pradesh.
57.	The District Collector, Chittoor District, Andhra Pradesh.
58.	The District Collector, Annamayya District, Andhra Pradesh.
59.	The District Collector, Y.S.R. Kadapa District Andhra Pradesh.
60.	The District Collector, -Tnantapur District, Andhra Pradesh.
61.	The District Collector,
	Sri Satya Sai District, AndhraPradesh.

¶35

S;'•i I I

¶36

62.	The District Collector, Kurnool District, Andhra. Pradesh. <br>
63.	The District Collector, Nandyal District, Andhra Pradesh. ;
64.	vJaiprakiash Power Ventures himited. Rep. by its Chairman and Managing Director, DA House’, 63 Basant Loh,
	Vasant Vihar, New Delhi — 110057, Email: sectl.dept@^j alindia. co.in Ph:01149828500.
65.	Turnkey Enterprise Private Limited, Rep. by its Director Reddy Srinivasa Bosani, Registered office at Door No.25 (906), Periyar EVR I bane, Nadar Colony, Purusaivakkam,Chennai—600084.

¶37

... Respondents

¶38

all the proceedings pursuant^^^ to ^ consequently set aside L27320WB1 964G01 026211 issued bvth^notification No. CINRllp^JL^TJurho^r^s^Nol^ ^^d^^aTsr Thr^kTnd " development activities are carried out bv the state^ Krishna. Further, any need to be informed to this office before government in river Krishna are Project and obtain the NOC from this office. (iii)To dJllare thTL^hon®J??th the Jaiprakash Power Ventures Umfted n respondents in allowing about their illegally uLulhorizediv aetleeT Enterprise^Private Limited Venkanna Hills® of VkuntLpu^m ^^ from the bunds/bridges on the rVer f<J- TxcLahon of f forming machinery and transport the same through s °i^ sand activities through heavy action Of the same Instated above fiDTo Heoi''^'®^ necessai^ authorities in allowing the Jaiprakash^ Pow ^ ^ + ^^{actionoftheRespondent} Enterprise Private Limited to contfo^fe fs Ventures Limited and Turnkey sand reaches and rivers covered in 13^Distr o?® Sand^{Miningoperations} in all stopping them, even after the lease aoreo^^ot^ of Andhra^Pradesh, instead of (v)To declare the actions of th^reslondents 02-05-2023. as contrary to under and Minerals Act and rules there under and f *1^® provisions^ofMinesand Inland Waterways Authority of India Act T9I5 ate?n provisions^ofThe Judgment and Final Order dated 23-03?io2rof Th® and^{Contrarytothe} Chennai passed in O A No 187 of 2021 and i *^® Green Tribunal,

¶39

Principles of Doctrine of Public Trust by the State^{Governmentand} its authorities and other respondent authorities belongs to various Departments. (vi)To consequently to set aside all the proceedings pursuant^{tothee-tendernotification} No. CIN- L27320WB1964G01026211 issued by the 7*^ respondent through 9 th respondent which was published in daily newspaper on 07-10-2023. (vii)And further directing the concerned respondents to take stringent action against the erring officers and respondent Nos.64 and 65 in all manners including disciplinary and impose compensation towards loss of the state exchequer^and other loss caused by the respondent Nos.64 and 65 and official respondents.

¶40

lA NO: 1 OF 2023

¶41

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction, directing the respondents no further measures or proceedings shall be taken pursuant to the e-tender notification No. CIN L27320WB1964GOIO26211 issued by the 7‘^ respondent through 9*^ respondent which was published in daily newspaper on 07-10-2023, pending disposal of the main Writ Petition

¶42

lA NO: 2 OF 2023

¶43

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to appoint committee consisting of retired High Court Judge as head of the committee and members expert from the Central Government Department i.e., Ministry of Environment, Forest and Climate Change, the authorities Inland Waterways authority of India and authorities Ministry of Mines, to inspect and submit the report to this Honourable Court on excavation of sand mining on reaches and forming of the bunds/bridges in the river for procuring of sand by using machinery and sand dumping places for better adjudication, pending of this writ petition(PIL).

¶44

lA NO: 3 OF 2023

¶45

Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the High Court may be pleased to pass interim direction, directing the respondents to stop the sand mining operations carrying by respondent No.64 & 65 on sand reaches covered in 13 districts of Andhra Pradesh, pending disposal of this Writ Petition (PIL).

¶46

Counsel for the Petitioner : SRI V. V. LAKSHMI NARAYANA Counsel for the Respondent No.1 : SRI JUPUDI V.K. YAGANADUTT, CENTRAL GOVT. COUNSEL Counsel for the Respondent Nos.2 to 4 & 7 to 63 : SRI S. SRIRAM, LEARNED ADVOCATE GENERAL Counsel for the Respondent Nos.5 & 6 : SRI V. SURENDRA REDDY, SC FOR APPCB Counsel for the Respondent Nos.64 & 65 : NONE The Court made the following: ORDER

¶47

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

¶48

HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

¶49

¶50

HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

¶51

WRIT PETITION CPIL:) No.205 of 8025

¶52

Danda Nagendra Kumar, S/o. Sathyanarayana, Aged 36 years, Occ : Business, R/o. D.No.l-‘77, Ganesh Nagar, Dharanikota Village, Amaravati Mandal, Guntur District, A.P. - 522 020.

¶53

... Petitioner

¶54

Versus

¶55

The Union of India, Represented by its Secretary, Ministry of Environment, Forest &> CC, Indira Paryavaran Bhawan, Jor Bagh, New Delhi - 110 003 and 64 others.

¶56

...Respondents

¶57

Counsel for the petitioner : Mr. V. V. Lakshmi Narayana Counsel for respondent No. 1 : Sri Jupudi V. K. Yagnadutt, learned Central Government Counsel. Counsel for respondent : Sri S. Sriram, Nos.2 to 4 and 7 to 63 learned Advocate General.

¶58

2 HGJ&RRR, J W.P.(PIL) No.203 of 2023 Counsel for respondent : Sri V. Surendra Reddy, Nos.5 and 6 learned Standing Counsel. Counsel for respondent : none Nos.64 &? 65

¶59

Dt.:06.18.8083

¶60

PER DHIRAJ SDJGH THAKUR, CJ

¶61

The present petition purporting to he in pubhc interest^isfiled being aggrieved by the action of respondent Nos.7 and^9i.e.,the Director, Department of Mines and Geology, Vijayawada^andthe Chairman and Managing Director, Metal Scrap Trade Corporation Limited (MSTC), Kolkata in issuing E-Tender Notification^published in the newspaper on 07.10.8083 to the extent they did^notcomply with the communication, dated 84.08.8083, issued by^theDirector, Inland Waterways Authority of India.

¶62

Learned counsel for the petitioner would urge that^according to the Inland Waterways Authority of India Act, 1985,^{inparticular.} Section 14(d), the authority under the said Act is^{vestedwiththe} control and regulation of activities, which include inter alia throwing rubbish, dumping or removal of material, in^orfromthe bed of the national waterways and appurtenant land.^Itisstated that the said authority, in its communication, dated^84.08.8083, addressed to the Director of Mines and Geology, had emphasized

¶63

HCJ Se RRR, J W.P(PIL).No.203 of 2023

¶64

¶65

and rsiterated th6 need to obtain a N.O.C. from the^{authoritybefore} commencement of the mining operation. It is urged by^thelearned coimsel for the petitioner that in complete disregard to the communication aforesaid and the statutory provisions^ascontained in the Act of 1985, the official respondents had issued^theimpugned tender notice and are processing the same further without complying with the statutory provisions.

¶66

Apart from this, learned counsel for the petitioner^hasalso highhghted the fact that private respondent Nos.64^and65,who have been earher granted the rights of mining operations^which rights came to an end by 02.05.2023, were permitted^tocontinue their mining operations even beyond the contractual^datewithout any interference from the official respondents. Photographs^have been annexed with the writ petition showing huge dumps^ofsand being removed by mechanized means and being loaded^inthe trucks/dumpers.

¶67

Learned Advocate General, on the other hand, would^submit that although a letter of intent has since been issued^infavourof the successful bidder, the mining operations would^{notbepermitted} to start unless the environmental clearance from the^Ministryof Environment and Forests as also the N.O.C. from the Inland

¶68

HCJ * RRB, J W.P(PIL).No.g03 of 2023

¶69

¶70

Waterways Authority in terms of the communication referred^to hereinahove is obtained.

¶71

In regard to the alleged illegal mining operations^highlighted by the learned counsel for the petitioner, it was stated^bythe learned Advocate General that as per the terms and^conditionsof the contract executed between the Government and the private respondent Nos.64 and 65, the excavated sand, on account of mining operations during the currency of the lease period, is required to he removed before the fresh tenders are^issued. In any case, it is stated that the photographs on record do^{clearlyreflect} that huge mounds of sand do exist hut they reflect only the excavated sand before the expiry of the contract period^whichare seen in the photographs as being loaded in the dumpers. In any case, learned Advocate General would submit that the^issuewith regard to the legahty of the mining operations being^conductedby respondent Nos.64 and 65 is a subject matter before^theNational Green Tribunal, which is closely monitoring the said^issue, and therefore, it is not advisable to initiate parallel proceedings^before this Court.

¶72

Reference has also been made to an order, dated 02.08.2023, in E.A.No.04 of 2023 (SZ) in O.A.No.l87 of 2021 (SZ)^passedbythe

¶73

¶74

HCJ&RHR, J W.P.(PIL) No.203 of 2023

¶75

N.G.T. in which it can clearly be seen that the issue^withregardto illegal mining is already subject matter before the^N.G.T.

¶76

Be that as it may, in view of the pending proceedings^before the N.G.T. and the statement made by the learned Advocate General, we do not wish to proceed any further with^thepresent P.I.L., which is, accordingly, closed. No order as^tocosts.

¶77

Pending miscellaneous apphcations, if any, shall stand^closed.

¶78

//TRUE COPY//

¶79

Sd/- G.HELA NAIDU ASSISTANT R^ISTRAR ^ SECTION OFFICER

¶80

To,

¶81