Dismissed

Sri Krishna Committee Sand and Morram v. State of Telangana.

Telangana HC9 Nov 2023WP/26948/2023

Case brief

AI extract

What is this about?

The High Court dismissed the Writ Petition challenging the e-procurement tender for sand mining issued by TSMDC in a plain area of Jayashankar Bhupalapally District. The Court held that TSSMR Rules 2015 mandated competitive bidding for plain areas and PESA did not apply. The Respondent was directed to prioritize local employment for excavation tasks.

What did the court decide?

The Writ Petition was dismissed without costs. Respondents were directed to consider and utilize services of locals/tribals for excavation and transportation whenever required.

Sri Krishna Committee Sand and Morram Vs State of… — Land Acquisition | Telangana HC (2023)

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[³³⁰⁰ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 26948 0F 2023

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Between:

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1 sri Krishna committee sand and Morram, ouarry Labour contract Mutualv Aided Co-operative Society Limited, pankena, palimela frlantai.^- .l-rrZ Shankar Bhupalpally District,'Represented by its piesident, A. SJ.rJWr.-'*

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2 B.Sammayya, S/o..Mallayya, aged about 4g years, Occ : Agriculture, R/o. Pankena, Palimela lvlandal, Jaya Shankar Bhup-alpally District.^-

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.....PETITIONERS

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AND

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1 Stateof Telangana., Rep. by its^principal Secretary. Department of Mines, lndustries and Commerce, Secretariat, Hyderabad.

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2 M/s. Telangana State Mineral Development Corporation Limited (M/s. TSMDC !.ldl,. B"f-.^{by its Vice.Chairman and Managing Director, 3d Floor, Rearblock,-} HMWSSB Complex, Khairatabad Comptex-, Hrderabad-5OOOO4.'

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J The District Collector,, Bhupalpally, Jayashankar Bhupalpalty District, Telangana.

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4 The Assistant_qirector,, Mines.and_Geology Department, Bhupalpally, Jayashankar Bhupalpally District, Telangana.

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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 therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in calling tenders for sand mining in e-procurement tender No.TSMDC/S&MlEXClJBl2023l570 dated 15-09-2023 for pankena-t and Pankena-ll reaches as illegal, null, void, arbitrary and consequenfly direct the 2nd respondent to allot the raising contract to the petitioner society basing on the Gram Panchayat resolution dated 0310312023.

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l.A.NO: oF 2023

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High courl may be pleased to stay the proceedings issued by the 2nd respondent in and- procurement tender No. TSMDC/SandM/EXC/JBi2o23ts7o dated 1s1o9t2023 for pankena-t and Pankena-ll, pending disposal of the writ petition.

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|.A.NO:2 OF 2o23

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Between

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M/s. Telangana State Mineral Development Corporation Linrited (M/s. TSMDC Ltd). Bep.^{oy its Vice chairmanand Manaling Directbr, 3'd} Froor, neaijoro"r,, rinawsiE' Complex, Khairatabad Complex, Hyd6ra-bad-5000b .

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...PETITIONERY2'd RESPONDENT

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AND

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-l . sri Krishna commiftee sand and Morram, euarry Labour contract Mutualry Aided co-operative society Limited, iranken6, pitimeta n,lino-ar, Jaya Shankar Bhupalpally District, Represented by' its FresiOeni,^- A. Sammayya.

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B.Sammayya, Sio. Mallayya, aged about 4g years, Occ ;Agriculture, R/o. Pankena, Palimeta Mandbl, Jay-a Shankar Bhupalpally Oiitridt---^{- -' ' -}

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.....RESPONDENTS/PETITIONERS

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The State of Telangana., Rep. by its principal Secretary, Department of Mines, lndustries and Commerce, Secretaiiat, HyOerabad.

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The District Collector,, Bhupalpally, Jayash'ankar Bhupalpally District, Telangana.

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The Assistant Director,,. Mjnes and_Geology Department, Bhupalpally, Jayashankar Bhupalpally District, Telanga-na.

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.....RESPONDENTS/RESPONDENTS 1, 3 & 4

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order dated; 27 -09-2023 in w.p.No.2694g of 2oz3 and dismiss the writ petition.

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counsel for the Petitioners : sRl K.DURGA PRASAD / sRt sRlNtvAs KONDAPARTH| Counsel forthe Respondent Nos.1 & 4: cp FOR MTNES AND GEOLOGY Counsel for the Respondent No.2 : SRI A.RAMULU Counsel for the Respondent No.3 : Gp FOR REVENUE The Court made the following ORDER

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HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A

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WRIT PETITION No.26948 of 2023

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ORDER:

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The 2"d respondent called for tenders for sand mining in e-procurement tender No. TSMDC/ S&M/ EXC / JB / 2C)23 / SZO, dated 15.09.2023 for Pankena-I and Pankena-Il Reaches. The said notification is questioned in this Writ Petition on the ground that it is contrary to the Rules prescribed under G.O.Ms.No.3, dated 08.01.2OI5 and violative of Articles 14 and 19(i)(c) of the Constitution of tndia.

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The 1st petitioner is a Society registered under the provisions of the Telangala Mutually-Aided Cooperative Societies Act, 1995 with an object to provide labour and contract works to the members in tribal area. It is stated that local societies have made representations in 2O2l to the 4th respondent to a_llot sand reaches at pankena, basing on which, a Joint Inspecticn Committee was constituted at the request of the 4th respondent which includes District Ground Water Officer, Executive Engineer, I & CADD, Medigdda Barriage, Tahsildar, palimela and pOTSMDC uide letters dated 09.O6.2021. Pursuant to the above letters, the Tahsildar, Palimela issued 'No Objection Certificate, for arr extent of 24.9 Ha. at Pankena Village uide letter dated. 25.06.2021 and also to an extent of 24.8 Ha. at Pankena Ylllage uide letter dated 25.06.202I.

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It is stated that the Deputy^{Executive Engineer issued letter} dated 3O.O6.2O2 1 and the^{Executive Engineer Irrigation Division No.l,} Mahadevpur also issued two letters^{dated 30.07'2021 declaring that the} proposed area may be suitable for specific sand^{bearingareas whichwere} identihed in the stipulated^{geo-coordinatedboundaries in GodavariRiverat} Pankena Viltage. Likewise, the^{4th respondent addressed letter to the 2nd} respondent dated 31.lO.2O22 intimating that^{the land mentionedin the} proposals is not falling in Eco-sensitive zone of Eturunagaram^WildLife Sanctuary and the District Forest Oflicer^{has also issued 'No Objection} Certificate' to that effect.

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It is further stated that pubtic hearing was conducted^{by the} Joint Collector and Environmental Committee^{along with Environmental} Engineer Pollution Control Board on 2a.O2.2O23^{whereinthey have} recorded the statements of various^persons and also submitted^report recommending to government for excavation of sand at^{Pankena-IaIId II} Reaches. The case of petitioners is that they made representations^{to allot} work of Pankena-I and II Reaches to local societies as this is a^very backward area located nearer to Godavari River and the^people of^Pankena Village are facing floods every year and if lifting, transportation and^loading of sand is given to the societies, the members arrd villagers will^be benehted. However, the impugned notice was issued which is totally illegal and contrary to the recommendations and the policy of the government.

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3 This Court, while issuing notice before admissron, on 27.09.2023, stayed all further proceedings of the 2nd respondenr in e_ procurement tender dated r5-o9.2023 for pankena-I and pankena-, for a period of three weeks from the date of receipt of a copy of this order_ The 2nd respondent was directed to prace the record pertaining to subject issue before this Court by the next date of hearing.

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The 2nd respondent hled the vacate stay appDcation. In the counter-afrrdavit, it is admitted that tl,e 2ntr respondent is totalry controred by rhe state Governrnent and the sand business wilr be done through their Corporation in the tribal area / schedule area for lifting, transporting, dumping and loading standard sand will be undertaken by the local tribal societies and in the plain areas, done through e_procurement tender process under existing rules. It is stated that through G.O.Ms.No. 3g, dated 12. 12.2OO4, the State Government introduced new sand policy in 2014 in the State of Telangana and in G.O.Ms.No. 3, dated Og.01.2O15, the Government has formulated relanga,a Sand Mining Rules and orders were issued accordingly. According to New Mining policy, 2014, it is stated that the Assistant Director of Mines & Geolory, Jayashankar Bhupalapally District, i.e. the 4rh respondent identified sand_bearing areas as per Rules in force at Pankena I & II Reaches a,d conducted joint inspection with the departments concerned and obtained reports from the individua_ls and placed the same before the District colrector and chairman, District Level

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Sand committee Meeting,^{Jayashankar BhupalapallyDistrictfor necessary} action. It is stated that^{since DeputyExecutive Engineerand Executive} Engineer (Irrigation),^{Mahadevapuramand the 4d respondent had also} addressed letter to the^{2nd respondent informing that the land mentioned} in the proposals is^{not falling in Eco-sensitivezonc of Eturunagarm Wild} Life sanctuary and the^{DFohas also issued 'No objection certificate'to} that effect, as such,^{the 2nd respondenthas rightlyissuedthe presente-} procurement tender notihcation^{dated 15.09.2023 for excavationof sand at} Pankena I & II Reaches^{in accordancewith the existing Rules. It is stated} that basing on the^{joint inspectionreport of all the departments,the} District collector and^{the chairman of DistrictLevel SandCommittee,} JayashankarBupalalapallyDistrictissuedprincipa-lallotmentofsa.nd reaches to M/s TSMDC^{LLd. uidenoticedated 11.o3.2O22for the identifred} sand-bearingareaofPankenal&IlReachesunderRule4(1)(iv)ofTSSMR, 2015 to obtain statutory^clearances.

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It is stated that as^{per the letteraddressed by the District} Collector in principle allotment^{notice dated ll'O3'2O22, the Project} Offrcer, TSMDC Ltd. after^{getting all statutoryclearances which are} required under law, submitted^{the approvedmining plan andother} clearances, CFE and CFO in^{respect of the above sartd reaches and} requested the District Collector^{for final allotment orders so as to} commence sand excavation^{ar1d sale. In turn, the District collector,after}

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submission of statutory clearances, fina-l allotment of sand bearing areas of Pankena -I and II was issued urde proceedings dated 0g.09.2023 for excavation, regulation and supply of sand through t}re 2nd respondent. After completion of a_ll statutory formalities, the impugned tender notification was issued, in accordance with law.

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It is stated that excavation of sand for the local people cannot be glanted basing on the representation and the Gramasabha Resolution as it is not the notified scheduled area under the constitution of India. Hence, it has to be treated as the plain area as per the Sand Mining Rules issued uide G.O.Ms.No.3, as such, the 2nd respondent was permitted by the DLSC to issue e-procurement tender notihcation on 15.09.2023 inviting applications for excavation of sand by manual method only for 6,33,020.80 MT from pankena-I and 6,92,355.2O MT from Pankena-ll sarrd reaches at Jayashanka-r Bhupalapally District at Godavari River of Pankena Village to transport sand to nearby stock yards by GpS monitored tractors and again loading the sand into lorries at stock yards giving benefit of local employment and other benehts.

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In this regard, the District Collector and Chairman of District Level Sand committee issued proceedings dated og.09.2o23 aJter detailed discussions with relanga,a state Mineral Development corporation Limited for extraction and transportation of sand to an extent of 3,95,638 CBM and 4,32,722 CBM in both the above Reaches. It is stated

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that taking into consideration^{the representations,joint inspectionwas} conducted and as per the TSSMR^{RuleNo. a(l)(ii), the Assistant Director of} Mines & Geologr shall identify^{the potential sand bearing-areas on regular} basis and place proposals^{before the District Level Sand committee for its} approval. It is stated that^{petitioner society might be registered under} mutually aided society to^{provide facilitiesarrd employmentin the local} area to the members by^{providing labour work but they cannot question} inviting tenders for raising^{contractorsto Pankena-I and II reaches basing} on the recommendations^{madeby the Committee and also the public} opinion obtained by the^{Committee in the meeting held by the Joint} Collector, Jayashankar Bhupalapally^{and EnvironmentalEngineer,TSPCB,} Ro Warangal as per the Panchayat^{Extensionto Scheduled Areas (PESA)} Rules, 2011, Rule No. 7(4)^{Minor Minerals in the ScheduledAreasGrantof} prospecting license or mining iease^{for minorminerals only to individual} loca-l members of ST or societies^{comprising of exclusivelylocalST} members shall be entitled for^{grant of prospecting licence or mininglease} for minor minerals and^{grant of concessionfor exploitation of minor} minerals by auction but^{the subject area is not falling in the scheduled} area as stated above as such^{granting of licence in theirfavour does not} arise at all and PESA Act &^{Rules 2011 do no apply to the caseon hand'}

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It is further stated that^{as per EIA Notificationdated14'09'2006} issued by the Ministry of Environment^{Forestand ClimateChange, the}

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Environmental public hearing is made mandatory for the extent of sandbearing areas above 5 hectares. As such, the Joint Collector and Environmental Engineer conducted public hearing on 28.e2.2O23 for sand bearing-area of Pankena - I and II and taken public opinion along with audio and video recording. In public hearing, public opined arrd welcomed the proposal of sand mining and requested to atlot sand reaches to the society for getting employment, as per the District Collector proceedings dated 11.O3.2O22, the sand-bearing area falls in plain area, as per TSSMR Rules 2015. Rule 4(V)(a) states that extracting sand by engaging raising contractor will be selected under strict competitive bidding process. Hence, the request of petitioner for allocation of sand-bearing area to society is not possible as per the above G.Os. but whenever manpower is required locals will be employed.

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Heard learned counsel for petitioners Sri K. Durga Prasad as well as Sri Srinivasa Kondaparthi, learned Government Pleader for Mines & Geolory.

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In view of the averments of counter-affrdavit, wherein it is categorically stated that as per G.Os. mentioned therein, the request of petitioner for allocation of sald-bearing areas to society is not possible, the Writ Petition is dismissed. However, taking into consideration social status, illiteracy arld unemployment prevailing in the village which is situated in forest area and also far away from the plain areas, learned counsel for

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petitioner urged that the^{2nd respondentmay be directedto provide} suitable work to^{the locals. In the counter,the 2ndrespondent himself} submitted, whenever^{manpower is required, services of locals willbe} considered. Therefore,^{treatingthis as undertaking, respondentsare} directed to consider and^{utilizethe servicesof locats/tribalsfor excavation,} transportation, etcetera,^{whenever required'No costs'}

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7 . The miscellaneous^{Applications,if any sha-llstand closed'} SD/-N.CHANDRA^{SEKHAR BAO} ASSISTAN^{T REGIS}

//TRUE^COPY//

SECTION^OFFICER

To 1. Two ccs^{to Gp For Mines And Georogy, Highcourt lor the state of relangana at} 2. +*t""ltSt^{SyPo'R"'"n'"'Hishcourt for the state of relansanaat Hvderabad} 34 8"11" 5'# 6d r"^{i6 sri 5ri srinl'"i K.Durga Prasad' Kondaparthi' Advocate Advocat"Ioig.c.l.(oPUC)} 5 6ilJ c-c-.^{sr, e.namulu,Advocate(oPUC)} r, Two CD^CoPies SA sB \E-

a.-

HIGH COURT

DATED:0911112023

ORDER

WP.No.26948 of 2023

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