Allowed

Pisati Indira Reddy v. Union of India

NGT9 Jul 2026Original Application No. 9/2022

Case brief

AI extract

What is this about?

APPLICANTS farmers filed O.A. alleging illegal mining and environmental degradation in a mining zone. NGT formed a Joint Committee which reported inadequate pollution measures and lack of cumulative EIA. Tribunal directed authorities to inspect units, enforce closure for violators, restore water bodies, and bar quarrying pending Supreme Court order on violation category applications.

What did the court decide?

Mines Dept to inspect quarry lease holders; TGPCB to verify consent status and enforce closure; District Collectors to restore degraded areas and Pulkicherla Kunta; ban quarrying for violation categor

Pisati Indira Reddy vs Union of India — Environment and Pollution | NGT (2026)

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SUPPLEMENTARY LIST

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Item No.01:

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Thursday, the 9^th day of July, 2026.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.09 of 2022(SZ) & I.A. Nos.186 of 2022 (SZ) & 117 of 2023 (SZ)

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IN THE MATTER OF:

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1) Pisati Indira Reddy

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W/o Late P. Ram Reddy Aged about 64 years Occ: Organic farmer R/o H.No. 183, Sadashiva Heavens Pedda Amberpet village, Abdullapurmet Mandal Ranga Reddy District, Telangana –501505.

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2) Akiti Nikhil Kumar Reddy

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S/o Akiti Rama Krishna Reddy Aged about 26 years, H.No.2-6 , Chinna Ravirala, Abdullapurmet Mandal Rangareddy District, Telangana – 501505.

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…Applicant(s)

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VERSUS

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1) Union of India

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Rep. by its Secretary Union Ministry of Environment, Forest & CC Indira Paryavaran Bhavan New Delhi – 110003.

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2) State Environment Impact Assessment Authority

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Rep. by its Member Secretary A-3, Paryavaran Bhavan Sanath Nagar Industrial Estate Sanat Nagar, Hyderabad – 500018.

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3) State of Telangana

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Rep. by its Director of Mines Department Secretariat, Hyderabad – 500022.

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4) Telangana State Pollution Control Board

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Rep. by its Member Secretary, A-3, Paryavaran Bhavan Sanath Nagar Industrial Estate Sanat Nagar, Hyderabad – 500018.

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5) District Collector

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District Collector Office, Rangareddy District Lakadikapool, Hyderabad Telangana – 500004.

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SUPPLEMENTARY LIST

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6) District Collector

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District Collector Office, Yadadri Bhuvanagiri District Bhuvanagiri, Telangana.

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7) Yadadri Stone Crusher

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Sy.No. 260, Bandaraviryal Rep. by its Owner: Buddidha Manish Reddy Saheb Nagar Kalan, Hayathnagar Plot No-464,465, Vanasthalipuram Telangana – 500 070.

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8) B.N.R Sand Manufacturing Unit

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Sy No. 248, 268, Banda Raviryal Rep. by its Owner: Budidha Nandha Reddy Saheb Nagar Kalan, Hayathnagar Plot No-464,465, Vanasthalipuram Telangana – 500070.

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9) Sri Renuka Rock Sand Metal Industry

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Sy No. 253, Banda Raviryal Rep. by its Owner: P.Naveen Kumar H.No. 3-5-574, Flat No -402 Himayat Nagar,Hyderabad Telangana – 500029.

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10) Sai Rohit Metal Industries

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Sy. No. 253, Bandaraviryal Rep. by its Owner: Malakondaiah Plot No-267/A, Road No-78 Jubilee Hills, Hyderabad – 33.

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11) Tirumala Rock Sand Manufacturing Unit & Mine,

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Rep. by its Owner: Budidhi Nandha Reddy Sy.No. 268, Saheb Nagar Kalan, Hayathnagar Plot No.464,465, Vanasthalipuram Telangana – 500070.

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12) KRC Infra Projects Mine & Stone Crusher

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Sy. No. 268, Bandaraviryal Rep. by its Owner Smt. K. Swathi, H.No. 2-3-534 / 1A / 1, Plot No. 27, Sai Nagar Colony ESI, Hyderabad – 500038.

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13) Padmavathi Metal Industry

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Sy.No.268, Bandaraviryal Rep. by its Owner: P.Naveen Kumar H.No. 3-5-574, Flat No.402 Himayat Nagar, Hyderabad – 500029.

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14) Sai baba Metal Industry

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Sy. No. 268, Bandaraviryal Rep. by its Owner: Pyarasani Balraju H.No 13-11-316, Tarnaka, Hyderabad – 500007.

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15) Sai Vikas Stone Crushing Industries

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Sy No. 56,57,58,64, Deshmukhi Rep. by its Owner: Ch. Surya Narayana Survey Number 56,57,64 Desmukhi, B. Pochampalle Mandal Yadadri-Bhuvanagiri District Telangana – 508284.

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SUPPLEMENTARY LIST

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16) Sri Venkata Vhiva Metal Industry

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Sy No. 77, 56.64, Deshmukhi Rep. by its Owner: Guduru Narender Reddy H.No 1-5-577 , Road No-3 New Maruthi Nagar Kothapet, Hyderabad Telangana – 500060.

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17) Super Fine Sand Hyderabad Pvt Ltd (Mines)

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Sy No. 80,81,82,84, Desmukhi Village Rep. by its Owner: G.Malakondaiah 16-88/1, Flat No-201 Sri Lakshmi Nilayam, Road No-3 Sri Krishna Nagar Colony, Dilsukhnagar, Hyderabad.

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18) Veltech Constructions

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(Hot Mix Plant) Rep. by its Owner: Jayasimha Reddy Sy No. 203P, Saddupally Village Abdullapurmet Mandal Ranga Reddy District – 501505.

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19) S.V Constructions

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(B.Raghuma Reddy Constructions)

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Rep. by its Owner: G.Shekar Reddy Sy No. 202,203 Saddupally Village, Abdullapurmet Mandal, Ranga Reddy District Telangana – 501505.

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20) Ambica Infra Company

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Rep. by its Owner Sy No. 206, Saddupally village Abdullapurmet mandal Ranga Reddy District Telangana – 501505.

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21) Mayank Infra Company

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Rep. by its Owner Saddupally Village, Sy No.207 Abdullapurmet Mandal Ranga Reddy District – 501505.

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22) P.N. Constructions (Ganesh Constructions)

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Rep. by its Owner Sy No. 207, Saddupally village Abdullapurmet mandal Ranga Reddy District Telangana – 501505.

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23) S.P.R. Constructions

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Rep. by its Owner Sy No. 208, Saddupally village Abdullapurmet mandal Ranga Reddy District Telangana – 501505.

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24) K.Chandrashekar Hot Mix plant

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Rep. by its Owner Sy No. 207, Saddupally village Abdullapurmet Mandal Ranga Reddy District Telangana – 501505.

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SUPPLEMENTARY LIST

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25) Venkatesh Hot Mix Plant

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Rep. by its Owner Sy No. 207, Saddupally village Abdullapurmet mandal Ranga Reddy District Telangana – 501505.

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26) Sri Guduru Narender Reddy

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Sy No. 73 Deshmukhi Rep. by its Owner: Guduru Narender Reddy H.No 1-5-577 , Road No-3 New Maruthi Nagar Kothapet, Hyderabad Telangana – 500060.

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27) Alluri Estates Pvt. Ltd.

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Rep. by its Owner DeshmukhiVillage BhudanPochampalli Mandal YadadriBhuvanagiri District, Telangana – 501512.

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28) PSK Infrastructures and Projects Private Limited

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Hot Mix Plant in Sy.No.79 Desmukhi village Rep. by its Owner/ Incharge :P.Prasad H.No 8-2-248/1/7/51, Panjagutta Telangana, Hyderabad – 500082.

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29) Nagarjuna Hytech Constructions

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Hot Mix Plant in Sy. No. 78, Desmukhi Village Rep. by its Owner: K.Janga Reddy H.No 17-1-391/5/577, Singareni Colony, Saidabad, Hyderabad Telangana – 500059.

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30) M/s. Rock Crushing India Pvt. Ltd.

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Rep.by its Owner Sy No. 268,Chinnaraviryala Abdullapurmet Mandal, Ranga Reddy District – 501505.

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31) Shona Engineers (Mine)

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Rep. by its Owner Sy No. 268, Chinnaraviryala Abdullapurmet Mandal, Ranga Reddy – 501505.

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32) B.N.R. Stone Crushers (Mine)

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Rep.byBudida Nanda Reddy Sy.No. 268, Chinna Ravirala Sahab Nagar Kalan, Hayat Nagar Plot No.464,465, Vanastalipuram, Hyderabad,Telangana – 500070.

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33) Uday Stone Crushing Pvt. Ltd. Sy.No.293/1, Banda RaviralaVillage, Abdullapurmet Mandal, Rangareddy District, Telangana – 501505.

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…Respondent(s)

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SUPPLEMENTARY LIST

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For Applicant(s): M/s. Hrithik Macherla. For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1. Mr. T. Sai Krishnan for R2 & R4. Mrs. H. Yasmeen Ali a/w. Mr. Mohamed Aathic for R3, R5 & R6. Mr. G. Stanly Hebzon Singh for R7, R8, R10 to R12, R15 to R17, R27, R29, R30, R32 & R33.

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Judgement Reserved on: 19^th March, 2026.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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J U D G M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1) Residents of Bandaravirala and Deshmuki Villages of Ranga Reddy and YadadriBhuvanagiri Districts, who are the farmers, aggrieved by the massive activities, including mining, stone crushing, hot mix and RCC mix activities, have filed the above Original Application, to initiate action against the violators, assess the damage caused, restore the water bodies and impose appropriate penalty for the loss caused to the agriculture, ground water, etc.

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2) The genesis of the issue arose from the G.O. (Ms.) No.89 dated 22.03.2006 issued during the Integrated Andhra Pradesh State, declaring an extent of 670.29 Acres as ‘Mining Zone’ in Bandaravirala Village. Now, the same has allegedly been misused, resulting in the discriminatory establishment and operation of numerous mines, stone crushers and hot mix plants over the past fifteen years without any requisite statutory approvals.

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3) According to the applicants, few of the units, in fact, encroached upon the water bodies and have also furnished the inspection report conducted by the Deputy Executive Engineer, I&CADD dated 06.01.2021 along with the other concerned

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SUPPLEMENTARY LIST

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officials pursuant to the complaints received from the local farmers and fishermen, alleging certain irregularities concerning Pulicherla Kunta in Bandaravirala Village, Ranga Reddy District.

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4) The inspection conducted on 06.01.2021 by the Deputy Executive Engineer categorically reveals that the 13^th Respondent (M/s. Padmavati Metal Industries) had undertaken activities resulting in damage to the tank bund by laying internal roads inside the water spread area, thereby disturbing the natural topography and ecological integrity of the water body.

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5) It is alleged that deep pits have been excavated within the tank bed and boulders have been dumped in the said area, which affects the storage capacity and natural functioning of the tank. The FTL survey of the Pulicherla Kunta was done by M/s. AARVEE Associates, which indicates that the tank area exists in Sy. No.268 as per the revenue records. However, in the village map, it is noted that no water body is reflected and the said survey number is recorded as ‘Sarkari land’. In view of the said inconsistency between the revenue record and village cadastral map, it is requested that necessary correction be made in the HMDA web portal to reflect the existence and extent of the water body in order to prevent further encroachments and ensure the protection of the tank.

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6) Earlier, a writ petition [W.P. No.15508 of 2025] was filed before the Hon’ble High Court of Telangana, challenging the illegal operations and pollution caused by the hot mix plants in the same area. The said writ petition was disposed of by the Hon’ble High Court by taking note of the fact that the Telangana State Pollution Control Board ( TGPCB ) had already issued the closure order against the hot mix plants.

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7) In the present Original Application also, the applicants have sought for the constitution of an independent Expert Committee to assess and ascertain the environmental impact arising from the operation of stone mining quarries, stone crusher units, hot mix plants and ready-mix concrete plants functioning in the district. The applicants have also enlisted the allegation against each of the respondent units.

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SUPPLEMENTARY LIST

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8) While admitting the matter, this Tribunal constituted a Joint Committee and also issued specific Terms of Reference ( ToR ). As per the ToR, the Joint Committee was directed to ascertain the number of units operating in the area; whether all the units are having necessary permissions and clearances as per the environmental laws; if the permissions are there, whether the units have violated the same; whether the pollution control mechanism provided by them are sufficient to mitigate the situation of pollution caused by their operations; whether any cumulative impact assessment has been done by the authorities before permitting the large-scale establishment of the units. Further, the Joint Committee was directed to find out what is the nature of mitigation measures to be taken to avoid air, water and noise pollution, besides assessing the damages caused to the nearby agricultural area and the quantum of compensation for damage to be assessed.

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9) The Joint Committee conducted the site visits, interacted with the stakeholders and examined the records. The mining zone, established as per G.O. (Ms.) No.89 dated 22.03.2006 over an extent of 670.29 Acres in Bandaravirala Village, permitted only quarrying activities with restriction on construction and mandates plantation and welfare provisions. The Joint Committee has found that there are 31 quarries, 17 stone crusher units and 11 hot mix plants, which are operating in the area. During the visit, the applicants had alleged several environmental and livelihood impacts, including dust pollution, noise pollution, vibration from blasting, health issues caused due to the operation of stone crushing units, loss of agricultural income along with illegal encroachments and lack of regulatory action.

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10) However, the Project Proponent had submitted that there was a rapid increase in quarrying activities in and around Hyderabad in the last two decades and that the mining zone as per the above-referred G.O. pre-dates the EIA Notification, 2006. Though originally the Environmental Clearance was not required, most of the units have applied under the violation category as per the MoEF&CC’s Notification dated 14.03.2017, with some

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applications are pending and returned for deficiencies. The TGPCB also had issued Consent to Establish and Consent to Operate for operating the stone crushing units. Those units which did not have valid consents were issued with a closure order by the TGPCB and they are not in operation.

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11) Thus, the Joint Committee observed that, as per the ToR, there are 14 Nos. of stone crushing units in Ranga Reddy District and 03Nos. in Yadadri-Bhuvanagiri District; 9 Nos. of hot mix plants in Ranga Reddy District and 2 Nos. in YadadriBhuvanagiri District; and 24 Nos. of quarries in Ranga Reddy District and 7 Nos. in Yadadri-Bhuvanagiri District. Of the total number of 31 quarries, all of them have obtained quarry leases from the Mines and Geology Department, 3 of the lease holders have obtained Environmental Clearance and 3 of the lease holders have not applied for Environmental Clearance and the remaining 25 lease holders applied for Environmental Clearance under violation category as per S.O. 804 dated 14.03.2017. 16 of the stone crushers are having valid consent from the TGPCB and 1 stone crusher was issued with the closure order. Similarly, the total number of hot mix plants existed in that area is 11, out of which, 1 unit has not obtained Consent to Operate and the remaining 10 units have obtained Consent to Operate. However, the TGPCB issued closure orders to 9 units for not complying with the Consent to Operate conditions. The pollution control measures such as greenbelt, water sprinklers, wind breaking walls and dust control systems have been provided. However, the Joint Committee found that these measures are insufficient and recommended strengthening of the greenbelt, increasing the height of the wind breaking walls, covering the dust prone areas and improving transportation related dust control measures.

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12) Admittedly, no prior cumulative environmental impact assessment had been done for the mining zone, as the same was established prior to the EIA Notification, 2006, dated 14.09.2006, by virtue of the G.O. referred-above. However, the Joint Committee recommended that a comprehensive environmental impact assessment be carried out through recognized institutions like CSIR-NEERI.

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SUPPLEMENTARY LIST

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13) The Joint Committee has confirmed that the Ambient Air Quality Monitoring carried out by the TGPCB in the area on 10.03.2022 was within the prescribed limits. The Joint Committee has also found that there were no agricultural activities observed during the site visit and with respect to the damage to the agricultural land, the Joint Committee observed that the dust deposition on the applicants’ land and agricultural activities were left abandoned for about two years. However, the surrounding agricultural fields were found to be good. There is no impact was observed on the other fields. Based on the agricultural report and humanitarian grounds, the compensation was calculated based on the minimum support price fixed by the State Government for the applicants’ land at Rs.2,88,672/-.

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14) The Joint Committee also found that the applicants may be directed to cultivate other crops recommended in the agricultural report in consultation with the Agricultural Officer of the area. The Joint Committee also found no evidence of excess or illegal mining beyond the permitted lease areas upon verification by the Surveyor of Mines and Geology Department. As the quarry lease holders have submitted applications for Environmental Clearance to the SEIAA – Telangana, action may be initiated as per the applicable Official Memorandums of the MoEF&CC.

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15) Thus, from the above Joint Committee, the operations alleged are grouped into three categories, namely (i) Hot Mix Plants (10 Nos.); (ii) Stone Crushers (4 Nos.); and (iii) Quarries (13 Nos.) – totalling 27 units.

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16) Respondents No.7 to 17 and 27 to 33 have filed their responses relying upon the Joint Committee report and they have undertaken thatthey will comply with the recommendations made by the Joint Committee as well as by the TGPCB.

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17) The State Environmental Impact Assessment Authority (SEIAA) – Telangana , which is the 2^nd Respondent , in its reply, has stated that the respondent stone crushing units and hot mix plants do not come under the purview of the EIA Notification, 2006. The MoEF&CC has already issued

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notifications regarding the appraisal of cases of violation, wherein the Project Proponent would be required to submit the Bank Guarantee towards implementation of the remediation plan and natural and community resource augmentation plan. The SEIAA - Telangana has further stated that credible action has been initiated on the defaulting mines. Respondent No.26 was closed and surrendered the quarry lease to the Mines and Geology Department. Respondent No.15 had obtained the Environmental Clearance vide Order dated 08.03.2018, which is not under the violation category. Out of the remaining 11 respondent units, was issued with the ToR under violation category, of which, 9 respondent units have applied for Environmental Clearance following the procedure under violation category. However, in view of the order passed by the Hon’ble Supreme Court in W.P. No.1394 of 2023 (Vanashakthi Vs. Union of India &Ors.) , proposals were reviewed and the processing of the applications (violation category) was deferred.

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18) The Mines and Geology Department , in its report dated 10.05.2022, filed by the Joint Director of Mines and Geology Department, has stated that vide G.O. (Ms.) No.48 dated 26.07.2017, the State of Telangana had issued an amendment to Rule (7) of the Telangana State Minor Mineral Concession Rules, 1966, for adoption of the concept of quarry plan and feasibility report for existing minor mineral, including for stone and metal in order to comply with the notifications issued by the MoEF&CC, facilitating the issuance of Environmental Clearance both at the State and Central level, basing on the extent either for a single quarry lease or cluster. The quarry lease holders, who are mentioned in the Original Application, are falling under the ‘mining zone’ declared by the Government, vide G.O. Ms. 89 referred-above. The quarry leases pertaining to Yadadri-Bhuvanagiri District are 7 Nos., which is for rough stone and road metal. Out of which, 2 quarry leases have Environmental Clearance; 1 quarry lease was expired; 1 quarry lease was surrendered on 31.12.2021 and the remaining 3 units have submitted scrutinized quarry plans, as required under the Telangana State Minor Mineral Concession Rules, 1966.

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19) Subsequently, the Chief Secretary to Government, State of Telangana, was directed to file an independent report regarding the compliance status of these units. The report of the Chief Secretaryto Government, State of Telangana, has stated that based on the complaints received, the TGPCB issued closure orders to 8 of the hot mix plants for causing air pollution. Seven quarries (5 in Ranga Reddy District and 2 in YadadriBhuvanagiri District) were issued with show cause notices for operating without valid consent. The Chief Secretary has further stated that the TGPCB is regularly monitoring these units and the action will be initiated whenever any of these units were observed to be in non-compliance with the conditions.

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20) Respondent No.4 (TGPCB) filed a report dated 19.08.2023 , wherein it is stated that the hot mix plants (Respondents No.19 to 24) have obtained valid Consent to Operate; however, these units are not operating. Respondent No.25’s plant and machinery are dismantled. Respondents No.7, 8, 9, 10, 11, 12, 30 and 33 were inspected by the Board. Respondent No.12 (M/s. KRC Infra Projects Mine & Stone Crusher), which is a crusher unit, was issued with the closure order and subsequently, the same was temporarily revoked vide order dated 06.04.2022 with certain conditions.

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21) The subsequent report dated 30.10.2023 of the TGPCB mentioned that the crusher unit had dismantled the plant and machinery. Accordingly, it was observed that Respondents No.7, 8, 11, 12, 30 and 33 have complied with pollution control measures such as installation of water sprinklers, cladding to the vibrator screens, provision of metal roads and development of greenbelt. Yet, certain directions were issued to each of the above respondents, except Respondent No.30 (M/s. Rock Crushing India Pvt. Ltd.), as they have complied with the consent conditions. Respondent No.9 (M/s. Sri Renuka Rock Sand Metal Industry) was found to have deficit compliance, where a closure order was issued on 11.05.2022 and temporarily revoked for three months on 04.07.2022.

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22) Further, the report of the TGPCB dated 30.10.2023 has provided the status of operating units, the

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consent issued and Environmental Clearance for the units operating in both the Ranga Reddy District and YadadriBhuvanagiri District, which are as follows:-

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I. Stone Crusher units of respondents located at Ranga Reddy District:

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Respondent No.7 – M/s. Yadadri Stone Crusher has complied with directions issued by TGPCB vide its order dated 20.12.2021 and the CFO obtained by this respondent is valid till 30.11.2031. Mineral Dealer license is valid from 02.12.2021 to 01.12.2026.

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Respondent No.8 – M/s. BNR Sand Manufacturing Unit has complied with directions issued by the Board by order dated 20.12.2021 and the CFO obtained by this respondent is valid till 30.09.2032.

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Respondent No.9 – M/s. Sri Renuka Rock Sand - The report submitted by 9^th Respondent dated on 16.09.2022, stated that the renewed Consent order was issued on 07.07.2022 by the TGPCB for the stone crusher unit, which is valid upto 28.02.2031. The TGPCB report dated 30.10.2023 stated that due to non-compliance, closure order was issued on 11.05.2022, and subsequently the same was temporarily revoked on 04.07.2022 for a period of three months and on 02.03.2023, the last revocation for a period of 6 months was extended, which is over by September 2023; however, the present status is not known, whether the temporary revocation was granted or closure order stands still.

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Respondent No.10 – M/s. Sai Rohit Metal Industries - The Board issued direction on 20.12.2021,and the same was compiled by the industry, with CFO valid upto 28.02.2031. Mineral Dealer license was granted on 30.04.2020.

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Respondent No.11 – M/s. Tirumala Rock Sand Manufacturing Unit is a stone crusher has complied with pollution control measures. As the Board issued directions on 20.12.2021,the same was compiled by the industry, with CFO valid upto 31.12.2030. Mineral Dealer license was granted on 18.02.2020.

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Respondent No.12 – M/s. KRC Infra Projects - The stone crusher unit was issued closure orders, which were temporarily revoked on 06.04.2022 subject to conditions, and subsequently the plant and machinery were dismantled. CTO was issued and valid up to 31.12.2027.

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Respondent No.30 – M/s. Rock Crushing India Pvt. Ltd. - Based on the TGPCB’s report dated 30.04.2022, it was observed that this unit was fully compliant with consent conditions and therefore, no further directions were issued by the Board.

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Respondent No.33 – M/s. Uday Stone Crushing Pvt. Ltd. - The unit holds CFO valid upto 31.01.2033. A direction was issued by order dated 20.12.2021 and closure orders were issued on 04.07.2022, the same was temporarily revoked for a period of 6 months on 10.03.2023. However, the present status is whether the temporary revocation was granted or the closure order stands still.

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II. Stone Quarries of respondents functioning at Ranga Reddy District:

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Respondent No.11 – M/s. Tirumala Rock Sand Manufacturing Unit; Respondent No.14 – M/s. Sai Baba Metal Industry; Respondent No.31 – M/s. Shona Engineers; and Respondent No.32 – M/s. BNR Stone Crushers: With regard to the Environmental Clearance’s status, the mandatory public hearing for the said projects was conducted on 26.07.2022. The proposal for grant of Environmental Clearance was appraised by the SEAC, which recommended the same for approval. Subsequently, the SEIAA, in its 232^nd Meeting held on 28.07.2023, approved the grant of Environmental Clearance to the above respondents. However, such approval was made subject to compliance with certain conditions, including the submission of a Bank Guarantee and implementation of an Action Plan and the outcome of this Tribunal in the present case.

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Respondent No.12 – M/s. KRC Infra Projects Quarry has obtained Environmental Clearance and was found compliant with dust suppression measures, including water sprinkling.

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Respondent No.13 – M/s. Padmavathi Metal Industry was found operating without Consent for Operation and was issued Show Cause Notice dated 07.03.2022. The unit also faced allegations of damaging the Pulicherla Kunta tank bund, excavating pits in the tank bed and disturbing the ecological integrity of the water body. The Environmental Clearance’s status mandatory public hearing for the said projects was conducted on 26.07.2022. The proposal for grant of Environmental Clearance was appraised by the SEAC, which recommended the same for approval. Subsequently, the SEIAA, in its 232^nd meeting held on 28.07.2023, approved the grant of Environmental Clearance to the above respondents. However, such approval was made

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subject to compliance with certain conditions, including the submission of a Bank Guarantee and implementation of an Action Plan and outcome of this Tribunal in the present case.

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III. Hot mix units of respondents functioning at Ranga Reddy District: Respondent No. 18 to 25 were operating Hot Mix Plants in the Ranga Reddy District .

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Respondent No. 18 – M/s. Veltech Constructions: The unit had obtained CFO, which was valid till 31.12.2025. The TGPCB issued a closure order dated 05.01.2021. Subsequently, the Board temporarily revoked the closure order vide proceedings dated 12.06.2023 for a period of six months, i.e., up to 11.12.2023. As per the report of the TGPCB, the unit is presently operating. However, whether the unit has complied with the directions of the Board and rectified the deficiencies pointed out earlier remains unreported.

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Respondent No. 19 – M/s. S.V. Construction: The unit had obtained CFO, which was valid up to 31.11.2023. A closure order was issued by the TGPCB on 05.01.2021. The proposal for revocation of the closure order was placed before the Task Force Committee on 07.08.2023, but the matter was deferred. As per the TGPCB’s report, the unit is presently not in operation.

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Respondent No. 20 – M/s. Ambica Infra Company: The TGPCB issued a closure order dated 05.01.2021, and it is reported that the unit has since become sick and is not operational.

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Respondent No. 21 – M/s. Mayank Infra; Respondent No.22- M/s. P.N. Constructions (Ganesh Construction); Respondent No.23M/s. SPR Construction; and Respondent No.24- M/s. K. Chandrashekar Hot Mix Plant: The TGPCB issued closure orders to these units on 05.01.2021, and the proposals for revocation of the closure orders are stated to be under process. The CFOs of all these units have expired as on date. However, the report is silent as to whether the CFOs have been renewed. It is further reported that these units are presently not operating.

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Respondent No. 25 – M/s. Venkatesh Hot Mix Plant: The unit had not obtained a valid CFO, and the TGPCB issued a closure order dated 05.01.2021. It is reported that the plant and machinery have since been dismantled.

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IV. Stone Crusher units of respondents located at Yadadri Bhuvanagiri District

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Respondent No. 15 – M/s. Sai Vikas Stone Crushing Industries: The crusher unit is functioning with auto renewal CFO valid upto 31.05.2032. From the report, it is seen that the air pollution control measures have been taken by the unit.

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Respondent No. 16 – M/s. Sri Venkata Shiva Metal Industries: The crusher unit holds a valid CFO till 30.06.2032. From the report, it is seen that the air pollution control measures have been taken by the unit.

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Respondent No. 17 – M/s. Superfine Sand (Hyderabad) Ltd.: The unit is under operation with CFO valid till 31.03.2028. From the report, it is seen that the air pollution control measures have been taken by the unit.

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V. Stone Metal Quarries units of respondents located at Yadadri Bhuvanagiri District :

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Respondent No. 15 – M/s. Sai Vikas Stone Crushing Industries (Quarry) – Environmental Clearance obtained vide order dated 08.03.2018 for 5.645 hectares rough stone and road metal mine. The air pollution control measures show cladding to the screens to control dust nuisance. As per the TGPCB’s report, the unit remains functioning as on 18.08.2023. CTO issued is valid till 31.05.2032. Mineral Dealer License was granted on 15.10.2018.

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Respondent No. 26 – Sri Guduru Narender Reddy Pvt. Ltd.: The quarry was closed and the unit had surrendered the quarry lease to the Mines and Geology Department.

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Respondent No. 27 – M/s. Alluri Estate: Quarry not operational. Applied for consent and Environmental Clearance. ToR obtained on 20.06.2023.

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VI. Hot Mix Plant of the respondents located at Yadadri Bhuvanagiri District:

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Respondent No.28 – M/s. PSK Infrastructure and Projects Pvt. Ltd. was found non-operational and the unit, vide letter dated 16.08.2023, submitted that the existing hot mix plant is removed from the premises and surrendered the CFO.

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Respondent No.29 – M/s. Nagarjuna Hy-Tech Constructions: The unit has CFO valid up to 31.07.2033 and the plant was found non-operational.

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23) Having considered the pleadings of the parties, the reports of the Joint Committee, the subsequent status reports filed by the TGPCB, the Mines and Geology Department, the SEIAA - Telangana, as well as the report submitted by the Chief Secretary to the Government of Telangana, this Tribunal finds that the grievance raised by the applicants cannot be said to be wholly unfounded. Though the mining zone was originally declared by the Government under G.O. (Ms.) No.89 dated 22.03.2006, much prior to the coming into force of the EIA Notification, 2006, the subsequent establishment and operation of a large number of quarry leases, stone crushers and hot mix plants within the said area have undeniably given rise to serious environmental concerns requiring continuous regulatory oversight.

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24) The material placed before this Tribunal discloses that while several units have obtained the requisite quarry leases and consent orders, many of the quarry operators have either been functioning without prior Environmental Clearance or have sought regularization under the violation category in terms of the MoEF&CC Notification dated 14.03.2017. The processing of such applications presently remains subject to the orders of the Hon'ble Supreme Court in Vanashakthi v. Union of India & Ors. (supra). Consequently, no operator can claim any vested right to continue quarrying activities merely because an application under the violation category has been filed.

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25) The Joint Committee has further recorded that though certain pollution control measures such as water sprinkling systems, greenbelt development, wind-breaking walls and dust suppression arrangements have been provided by several units, the existing measures are inadequate to effectively mitigate the cumulative environmental impacts arising from the concentration of quarrying, stone crushing and hot mix activities in the mining zone. The Committee has specifically recommended strengthening of the pollution control infrastructure, enhancement of greenbelt development and undertaking a comprehensive cumulative environmental impact assessment through a recognized scientific institution.

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Significantly, it is an admitted position that no cumulative environmental impact assessment was carried out before permitting large-scale mining and allied industrial activities in the area, since the mining zone itself preceded the EIA Notification, 2006. Nevertheless, the absence of such assessment cannot be a ground to permit continued environmental degradation, particularly when the cumulative impacts have now become evident.

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26) The reports filed subsequently by the TGPCB also reveal that several units were found operating in violation of the consent conditions, leading to issuance of closure orders, show cause notices and temporary revocation orders subject to compliance. While certain units have since complied with the deficiencies pointed out by the Board and some have dismantled their plants or ceased operations, the reports also indicate that the compliance status of a few units continues to remain uncertain. Equally, the Mines and Geology Department and the SEIAA - Telangana have acknowledged that several quarry leases are still awaiting consideration of Environmental Clearance under the violation category, whereas some units have already secured Environmental Clearance subject to fulfilment of stipulated conditions including submission of bank guarantees and implementation of remediation plans. These facts demonstrate that regulatory action has indeed been initiated by the statutory authorities; however, such action has been inconsistent and remains incomplete in respect of several defaulting units.

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27) This Tribunal also cannot overlook the specific allegation concerning Pulicherla Kunta. The inspection conducted by the Irrigation Department, coupled with the observations recorded by the Joint Committee, prima facie indicates disturbance to the tank bund, excavation within the tank bed and dumping of boulders in the water spread area by Respondent No.13, which has the potential to impair the ecological integrity and storage capacity of the water body. The discrepancy noticed between the revenue records and the village cadastral map regarding the classification of the water body further

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necessitates immediate intervention by the concerned Revenue and Irrigation authorities to ensure proper demarcation, protection and restoration of the tank so as to prevent any future encroachments.

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28) At the same time, it is equally relevant to note that the Joint Committee did not find any evidence of illegal mining beyond the sanctioned lease boundaries, nor did the ambient air quality monitoring conducted by the TGPCB indicate exceedance of the prescribed standards during the period of monitoring. Likewise, except for the lands of the applicants where agricultural activity had reportedly been abandoned and compensation has been assessed by the Joint Committee, no widespread damage to surrounding agricultural fields was established. These findings, however, do not absolve the statutory authorities from their continuing obligation to ensure strict compliance with the environmental laws and to prevent further degradation of the environment.

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29) In view of the above detailed discussions and observations, this Tribunal is of the considered opinion that continuous regulatory supervision is imperative. Accordingly, it would be appropriate for this Tribunal to issue certain directions.

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30) In the result,

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I. The Mines and Geology Department shall undertake periodical inspections of all quarry lease holders and ensure that no quarrying or mining activity is carried out without a valid Environmental Clearance, wherever required under law, and without obtaining the necessary statutory permissions.

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II. Similarly, the Telangana State Pollution Control Board shall verify the subsisting status of every stone crusher and hot mix plant, ensure that all units possess valid Consent to Establish and Consent to Operate, and initiate appropriate action, including issuance and enforcement of closure orders, against every unit found operating in violation of the

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provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the conditions stipulated in the consent orders.

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III. The District Collectors of Ranga Reddy and YadadriBhuvanagiri Districts, in coordination with the Irrigation Department, Revenue Department, Mines and Geology Department, TGPCB and other concerned authorities, shall also take necessary steps for restoration of environmentally degraded areas, including reclamation of abandoned and mined-out pits wherever required, restoration of Pulicherla Kunta and its tank bund, removal of dumped waste materials from the water spread area, protection of the Full Tank Level (FTL) area by carrying out appropriate survey and demarcation, correction of the relevant land records wherever necessary, and implementation of suitable ecological restoration measures in accordance with law.

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IV. It is made abundantly clear that, in view of the pendency of the proceedings before the Hon'ble Supreme Court in Vanashakthi v. Union of India &Ors. relating to projects falling under the violation category, no quarry lease holder whose proposal is pending under the violation category shall be permitted to commence or resume quarrying operations unless and until the requisite Environmental Clearance is duly obtained in accordance with law, together with all other statutory permissions including valid consent orders issued by the Telangana State Pollution Control Board. Any operation carried on in the absence of such statutory approvals shall be treated as illegal and dealt with strictly in accordance with law.

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31) With the above directions, the Original Application [O.A. No.09 of 2022 (SZ)] is disposed of.

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32) The pending interlocutory applications [I.A. Nos.186 of 2022 (SZ) & 117 of 2023 (SZ)] stand closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM