TAJ GRANITES Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been instituted seeking a declaration that the inaction of the 3rd respondent Tahsildar, Gurramkonda Mandal, Chittoor District in forwarding the report to the Assistant Director of Mines and Geology, Palamaner, Chittoor District on the application submitted by the petitioner for grant of quarry lease for colour granite in Survey No. 1/part of Cherlopally Village-2, Gurramkonda Mandal, Chittoor District, as bad in law.

(2.) The increased frequency with which I was called upon to decide the cases of pending quarry lease applications for minor mineral granite, in Chittoor District, alone, made me order for the following.

(3.) The exploitation of minerals may likely result in shift of environmental equilibrium. After the exploitation of the mineral, the site is virtually abandoned as useless. To help the fragile fabric of nature to retain its old charm, no efforts are put in either by the State or the licensees. Preservation and conservation of nature is a task, which is calling for greater attention of everyone, has to be attended immediately with a sense of responsibility. The onus cannot be left to the share of the State alone. The conflict which the exploitation of minerals brings out, with preservation of nature, has got to be reconciled carefully. Reckless mining activities are likely to leave their footprints of destruction upon the mother nature. While, Article 48A requires the State to endeavour to protect and improve the environment, Article 51A(g) recognizes that it shall be the fundamental duty of every citizen to protect and improve the natural environment. One of the assured measures of preservation and improvement of nature is afforestation. It is doubtless that the forest (green) cover of our country is lagging far way behind the desired minimum 1/3rd extent of its landmass. Therefore, the State Government, Director of Mines and Geology as well as the District Collectors concerned are urgently required to bestow a thought and order for every licensee to take to permanent afforestation compulsorily, as a part of the conditions of quarrying rights granted, over an equal and corresponding extents of land. For securing compliance of such a requirement, let the licensees deposit upfront a sum of Rs.5 lakhs per every Hectare of land over which the quarrying of mineral is licensed. Let this money lie in an interest earning deposit with the District Forest Officer. As and when the licensee develops green cover over any land of equal extent, either of his own choice or the site suggested for such development by Revenue/Forest Department of the State, with social forestry and upon verification and certification of the said fact by an officer occupying not less than the rank of a Divisional Forest Officer, to the corresponding extent, money be refunded to the licensee. The licensee in case is opting a site of his choice, he should first identify the land and inform of the said fact to the Divisional Forest Officer who should visit the site chosen or allotted by the department and record his findings about the nature and surroundings of the land within 30 days. After this first inspection visit, digital photographs of which with date and time printed thereon, the Divisional Forest Officer can give suggestions for appropriate plant varieties that can be grown over there. If no such suggestion comes from the Divisional Forest Officer, within 30 days of the visit, it will be open to the licensee to raise any suitable plantation thereon. After lapse of six months duration of plantation, the Divisional Forest Officer, upon receiving such intimation, should visit the site and record the nature and extent of plantation that was undertaken there. He should order for digital recording of the same with date stamped thereon. The 3rd visit should be undertaken thereafter, with a minimum gap of six months period to the 2nd visit. After recording the progress of afforestation achieved and if he is satisfied that the plantation can be taken over by the department for further maintenance, he should then only file a satisfactory report before the District Forest Officer who would then order for refund of the deposited money to the licensee. Failure, at any of the stages to accomplish the desired level/extent and quality of afforestation as aforesaid, within a period of five years from the date of handing over of the site for quarrying the mineral, would disentitle the licensee to seek refund of the money deposited by him. Then the DFO would be at liberty to appropriate the money to the State exchequer and use it for any of the social forestry works undertaken departmentally. This special condition may be incorporated for every grant or quarry lease for every kind and variety of minor minerals.