Disposed

M/S.Shree Kalikadevi Tribal Sand Andmorram Labour Contract Mutual Aided Cooperative Society Limited v. the State of Telangana

Telangana HC13 Dec 2024WP/35133/2024

Case brief

AI extract

What is this about?

A cooperative society sought writ mandamus against respondent No.4's failure to obtain extension of environmental clearance, CFE and CFO for a sand bearing area. The court disposed of the petition on the basis of an earlier order passed on similar facts.

What did the court decide?

Respondent No.3 directed to apply for EC extension within two weeks from 16.12.2024; SEIAA and PCB to act within eight weeks; no costs

M/S.Shree Kalikadevi Tribal Sand Andmorram… — Mining and Natural Resources | Telangana HC (2024)

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[³⁴⁰⁵ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE THIRTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION NO: 35133 OF 2024

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Between:

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M/s. Shree Kalikadevi Tribal Sand And Morram Labour Contract Mutual Aided Cooperative Society Limited, Rajupeta village, Magapeta Mandal, Mulugu District, Rep. By its President, KARAM RAJU, S/o. Rambabu, R/o. Rajupeta village, Magapeta Mandal, Mulugu District

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...'ET'T'ONER

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AND

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The State Of Telangana, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Hyderabad, Telangana-

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The District Level Sand Committee, Rep. by its Chairman-cum-District Collector, Mulugu District, Telangana.

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The Assistant Director Of Mines And Geology, Mulugu, Mulugu^District, Telangana.

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M/s.Telangana State Mineral Development Corporation Ltd., Rep. by^{its Vice} Chairman and Managing Director, 0/o.6-2-915, HMWSSB^{Premises, Rear} block, 3rd Floor, Khairtabad, Hyderabad, Telangana.

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The State Environment lmpact Assesment Authority, Represented^{by its} Chairman A-3, Paryavaram Bhavan, lndustrial Estate, Sanath^Nagar, Hyderabad.

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The Telangana State Pollution Control Board,^{Represented by its Member} Convener A-3, Paryavaram Bhavan, lndustrial Estate, Sanath^Nagar, Hyderabad

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,.,RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue any writ order or direction more^particularly one in the nature of Writ Mandamus or any other appropriate Writ or Writs, Order^{or Orders declaring} the inaction of the Respondent No.4 herein in^{not obtainingthe extension of} Environmental Clearance^(EC), CFE and CFO for the^{identified sand bearing area} at Rajupeta Village, Mangapeta Mandal,^{Mulugu Districtis illegal, arbitrary,unjust,} in violation of Articles 14, 19(g) and 21 of the^{Constitution of lndia and} consequently direct the Respondent^{Nos.Sand 6 hereinto issue the extensionof}

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Environmental Clearance (EC), CFE and CFO for the identified sand bearing area at Rajupeta Village, l,ilangapeta Mandal, Mulugu District for a further^period of one year.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to DIRECT the Respondent No.5 and 6 to issue the extension of Extension of EC(Environmental Clearance), CFE, & CFO for the identified Sand bearing Area in Rajupeta Village, Mangapeta lVlandal, Mulugu District for further^period of One year.

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Counsel for the Petitioner: SRI K.PRADEEP REDDY Counsel for the Respondent Nos.l TO 3: SRI P.VISHAL KUMAR, AGP FOR MINES AND GEOLOGY Counsel for the Respondent No.4: SRI T.S.RAMULU, SC FOR TSMDCL Counsel for the Respondent Nos.S & 6: SRI ZEESHAN ADNAN MOHAMMOD, SC FOR PCB

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The Court made the following: ORDER

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HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION No.35133 of 2o24

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Mr. K.Pradeep Reddy, Iearned counsel appearing lor the pelitloner. Mr. P.Vishal Kumar, leamed Assistant Government Pleader for Mines appearing for Lhc respondent Nos.l and 3.

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Mr. T.S.Ramulu, learned counsel appearing lor thc respondenl No.4.

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Mr, Zeeshan Adnan Mohammod, learned counsel appearing Ior the respondent Nos.5 and 6.

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ORDER:

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Learned counsel appearlng for the respondent Nos.S/The State Environment impact Assesment Authority (SEIAA) and 6/ The Telangana State Pollution Control Board (PCB) submits that the writ petition can be disposed of on t}re basis of an order passed by this Court in W.P.No.32078 of 2024 which was passed on similar facts.

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W.P.No.35133 of 2024, aiong with all connected applicatrons is accordingly disposed of with a direction on the respondent No.3 to makc requisite applications for extension of environmental clearances pertaining to the petitioner rvithin 2 weeks from 16.1,2.2024. The respondent Nos.S/SEIAA and 6/PCB shall forthwith act on the applications made by the respondent No.3. The respondent Nos.S/SEIAA a;rd 6/PCR shall takc the requisite actron within 8 weeks from the date on which the applications are received. The extension shall be subject to the^purview of The Telangana State Sald Mining Rules, 2015. There^{sha-ll be} no orders as to costs.

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SD/- P. PADMANABHA REDDY ASSISTANT REGISTBAR

//TRUE COPY//

SECTION OFFICER

To 1. The Principal Secretary, Mines and Geology Department, Secretariat, Hyderabad, Telangana, State Of Telangana,.

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The Chairman-cum-District Collector; District Level Sand Committee, Mulugu District, Telangana.

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i t I

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The AsSistant Director^{Of Mines And Geology, Mulugu,tVluluguDistrict,} Telangana.

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ViCe itraiiman and Managing^{Director, M/s.Telangg1q StateMineral} oL"*rop." nt corpo^{raiion"itd., o/o.6-i-g1 5, H MW-ssBPremises,Rear block,} 3rd Floor, Khairtabad,^{Hyderabad, Telangana.}

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