Disposed

M. Bhupathi Reddy v. The Government of Andhra Pradesh, rep. by its Principal

Telangana HC8 Oct 2013WP/22560/2013

Case brief

AI extract

What is this about?

In this writ petition challenging sand quarry allotments without environmental clearance, the High Court directed the respondents to obtain all required clearances, specifically citing the Supreme Court's guidelines in Deepak Kumar vs. State of Haryana, before proceeding with leases.

What did the court decide?

Directing respondents to obtain all required clearances before allotting sand bearing areas and entering into lease deeds.

M. Bhupathi Reddy Vs The Government of Andhra… — Environment and Pollution | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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TUESDAY, THE THIRTIETH DAY OF JULY, TWO THOUSAND AND THIRTEEN

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:PRESENT:

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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WP .NO: 22560 of 2013

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Between:

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M. Bhupathi Reddy, S/o Veer Reddy

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..... Petitioner

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AND

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1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Industries & Commerce Department, Secretariat, Hyderabad.

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2 The A.P. WALTA, District Authority, Rep. by its Member Secretary and Project Director, District Water Management Agency, East Godavari District, Kakinada.

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3 The State Level Environmental Impact Assessment Authority (SEIAA), Ministry of Environment & Forests, Rep. by its Member Secretary, Sanathnagar, Hyderabad.

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.....Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or Direction more particularly in the nature of a Writ of Mandamus declaring the action of the Respondents in Notification No.81/APWALTA/2013, dt.2-7-2013 & 81-2/APWALTA/2013, dt.18-07-2013 inviting applications for allotment of rights of sand quarries in East Godavari district as arbitrary, illegal, unjust, unconstitutional and in violation of Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 amended vide G.O.Ms.No.154, Industries & Commerce (M.I) Department dated 15.11.2012 and the judgment of the Hon'ble Supreme Court in the case of Deepak Kumar Vs. State of Haryana reported in 2012 (4) SCC 629 and the judgment of Division Bench of our Hon'ble High Court in W.P.No.18822/2011 dated 26.04.2012, consequently call for records and set-aside the same.

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The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Ramakrishna Pathivada, Advocate for the Petitioner, and the Learned Assistant Government Pleader for Mines & Geology for the Respondents, the Court made the following

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ORDER:

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Learned Assistant Government Pleader for Mines & Geology takes notice for the respondents and seeks time for filing counter affidavit.

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Since the grievance of the petitioner is that the respondents have been proceeding with the allotment of sand bearing areas for mining without obtaining clearances from the competent authorities, including from the Ministry of Environment & Forests (MOEF), the respondents are directed to ensure that before allotting the sand bearing areas and entering into lease deeds, they obtain all the required clearances as referred to by the Supreme Court in Deepak Kumar v. State of Haryana [(2012) 4 Supreme Court Cases 629].

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Post on 02.09.2013.

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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