DHRUVA ENTERPRISES Vs. C. SRINIVASULU

JUDGEMENT

(1.) The appellant has approached this Court being aggrieved by the impugned judgment and order dated 17 th January 2020, passed by the National Green Tribunal, Principal Bench, Delhi, thereby allowing the appeal filed by respondent Nos. 1 to 3 and directing the Ministry of Environment & Forest and Climate Change to conduct Environment Impact Assessment Appraisal in terms of EIA Notification 2006, and subsequent amendments thereunder and also to conduct public hearing and impose whatever conditions they may find necessary and appropriate for carrying out mining operation. By the impugned judgment and order, the Tribunal has further directed suspension of the mining operations until the completion of the said exercise.

(2.) Facts in brief giving rise to filing of the present appeal are as under:

(3.) The application of the appellant was processed at various stages including the Revenue Divisional Officer (hereinafter referred to as the "RDO"), Nagarkurnool, Assistant Director of Mines and Geology, Mahabubnagar and Director of Mines and Geology, Hyderabad, Government of Telangana. Vide communication dated 7th September 2016, the Director of Mines and Geology, Hyderabad, Government of Telangana informed the appellant that after careful examination of the proposal submitted by the appellant, the Assistant Director of Mines and Geology, Mahabubnagar had recommended for grant of Quarry Lease in favour of the appellant for Quartz and Feldspar over an area of 24 hectares in Sy. No. 330/1, Kalwakole Village, Peddakothapally Mandal, Mahabubnagar District, Telangana. The appellant was directed to submit a Mining Plan approved by Joint Director of Mines and Geology, Hyderabad for the proposed area within a period of six months from the date of the said communication. The appellant was directed to submit Consent from the Telangana State Pollution Control Board and also Environmental Clearance (hereinafter referred to as "EC") from the Ministry of Environment & Forest (hereinafter referred to as the "MoEF") as per the Environment Impact Assessment Notification (hereinafter referred to as the "EIA Notification 2006) dated 14 th September 2006 and 15th January 2016. It was also stated in the said communication that if the appellant fails to submit the Approved Mining Plan within the stipulated period, it will be presumed that the appellant was not interested in getting the Quarry Lease for the said area and further course of action will be initiated in accordance with law. Thereafter, the State Environment Impact Assessment Authority, Telangana (hereinafter referred to as the "SEIAA") examined the said proposal in accordance with EIA Notification 2006 and the subsequent amendments thereof and exempted the same from the process of public hearing as the mining lease area was less than 25 hectares. The SEIAA accorded EC on 11th April 2017, with specific and general conditions.