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Judgment
Dr. S.S. GARBYAL, (EXPERT MEMBER)
This appeal has been filed under Sections 16 read with 18(1) and 15 of the National Green Tribunal Act, 2010 alleging non-application of mind by the Telangana State Environment Impact Assessment Authority (SEIAA) in granting environment clearance vide letter dated 11.04.2017 for quarrying of quartz and feldspar on 24 Ha to Respondent no. 7- M/s Dhruva Enterprises in Sy No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool District Telangana. It has been alleged that mining area has been reduced so as to get it examined at State level and to escape more rigorous environmental assessment by the Appraisal Committee of the Central Government.
This Tribunal had passed an interim order on 24.04.2018 and stayed the order under challenge in the appeal. Being aggrieved of the stay order passed by the Tribunal on 24.04.2018, the Appellant had approached the Hon'ble Supreme Court of India vide Civil Appeal No (S). 8130/2019.
The Hon'ble Supreme Court of India by its order dated 08.11.2019 has requested the Tribunal to hear the matter on 22.11.2019. Accordingly, the appeal was taken up for hearing on that day.
Applicant has submitted that Respondent no. 7-Project Proponent had applied on 28.07.2016, for mining lease for quartz and feldspar mining over 29 Ha of land in Sy. No 330/1 Kalwakole, Peddakothapally, Mahabubnagar District, State of Telangana. The total extent of land in Sy No. 330/1 is 109 Acers and 08 Guntas (approximately 44 Ha) out of which application for mining lease pertain to only 29 Ha of land. It was reported that the nearest human habitation, namely, Yenambetla exists at a distance of about 1.6 km from the mine lease area and at a distance of 0.25 km there is a water body, named as Singotham lake.
The above application for mining lease was processed in the first instance, by the Revenue Divisional Officer, Nagarkurnool. The Revenue Divisional Officer vide its letter dated 08.08.2016 had written to Assistant Director of Mines and Geology, Mahabubnagar recommending the grant of lease permission in favour of M/s Dhruva Enterprises over an extent of 109 Acres and 08 Guntas. While recommending for lease the proximity to forest, tank and lake of irrigation source was stated to be 1 Km away from the Sy. No. 330/1 and the proximity to the nearest habitation were stated to be 1 Km. It was also stated that there was no agricultural land upto 500 m from the proposed mining site.
Director of Mines and Geology, Government of Telangana vide their letter dated 07.09.2016 informed M/s Dhruva Enterprises that the Assistant Director Mines and Geology, Mahabubnagar had recommended for the grant of quarry lease for quartz and feldspar over an extent of 24 Ha in Sy No. 330/1 of Kalwakole village in their favour and after careful examination of the same, they have decided in principle, to grant a quarry lease in their favour for quartz and feldspar over an extent of 24 Ha in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Mahabubnagar District. In view of this, M/s Dhruva Enterprises was requested to submit the mining plan approved by Joint Director of Mines and Geology, Hyderabad for the proposed area within a period of six (6) months from the date of issue of the notice i.e, 07.09.2016, along with the consent for establishment from T.S. Pollution Control Board and Environmental Clearance from Ministry of Environment and Forests as per Environment Impact Assessment Notification dated 14.09.2006 and 15.01.2016 to consider for grant of quarry lease for quartz and feldspar in the subject area. In case they fail to submit the approved mining plan within the stipulated period, it will be presumed that the applicant is not interested in getting the quarry lease over the subject area and further course of action will be initiated, as per rules. Thereafter, the State Environment Impact Assessment Authority, Telangana examined the application in accordance with EIA Notification 2006 and the amendments thereof, under B-2 category and exempted the same from the process of public hearing as the mining lease area was less than 25 Ha. The SEIAA, Telangana accorded the environmental clearance on 11.04.2017 with specific and general conditions. It is the case of the Appellant that the mining lease area was reduced from 29 Ha applied for to 24 Ha to escape rigorous environmental assessment by the Environmental Appraisal Committee of the MoEF & CC. The order of the proceeding no. 12957/R2-3/2016 dated 22.04.2017 clearly states as under:
"ORDER:
Through the reference 1st cited, M/s Dhruva Enterprises, Rep by Sri. S. Venkateshwar Rao applied for grant of Mining lease for Quartz & Feldspar over an extent of 29.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool (erstwhile Mahabubnagar) District. The said Mining lease application was received by the Assistant Director of Mines and Geology, Nagarkurnool on 28.07.2016.
Through the reference 2nd cited, the Assistant Director of Mines and Geology, Nagarkurnool submitted proposals for grant of Mining lease for Quartz & Feldspar over an extent of 24.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool District in favour of M/s Dhruva Enterprises, Rep by Sri S. Venkateshwar Rao for a period of (20) years.
The Assistant Director of Mines and Geology, Nagarkurnool reported that the applied area was inspected on 11.08.2016 and informed that as per the inspection report, the demarcated area forms a part of Archean group raised in the form of a hillock trending Eaast - West Direction and raised to a height of about 30 meters from the actual ground level and the mineral Quartz exposure is noticed at the top of the hillock at a height of 8-10 Mts. the Quartz occurring in the demarcated area is white with red patches in colour and Semi glassy in nature. The Semi glassy Quartz is useful in Glass Industry, Silicon Alloys and also for manufacture of Digital watches & Computer chips etc. The Feldspar occurring in the demarcated area is Grey in colour (K Feldspar) and is useful in Ceramic and Tiles Industry. Further, the Quartz and Feldspar samples are collected in a random pattern from the demarcated area.
The Assistant Director of Mines and Geology, Nagarkurnool further reported that the Surveyor has surveyed the quarry lease applied area shown by the Mandal Surveyor and the applicant on the ground with the help of GPS Instrument by name as Garmin Etrex 10 with WGS 84 datum. The survey was conducted by taking tie-line from R to 1 with Geo Co-ordinates 16.15778-78.29294 at a distance of 86 Mts. After survey the demarcated area is worked out to an extent of 24.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal after leaving safety distance of 250 Mts., from Cheruvu. Further, it is reported that the demarcated area is not overlapping with the existing leases and also there are no pending applications in the area. The applicant also submitted the consent for survey and demarcation and requested to grant the Mining Lease for Quartz & feldspar over an extent of 24.00 Hectares in Sy No. 330/1 of KalwakoleVillage, Peddakothapally Mandal of Mahabubnagar District.
Further the Asst. Director of Mines and Geology, nagarkurnool has submitted that he Revenue Divisional Officer, Nagarkurnool through Lt. No. J/3477/2016, Dt: 08.08.2016 furnished the report stating that the applied area in Sy No. 330/1 of Kalwakole Village is Government Land (P.P) covered by hillock to an extent of Ac. 109-08 Gts., and there is no objection for allotting the said land to M/s Dhruva Enterprises. Further, it is reported that a canal is situated 1 km, away from the said survey number, there is no habitation nearby, but existing 1 kms, away and also reported that mining in the proposed area will not affect the habitation and agriculture in neighboring lands as the agriculture lands are existing 500 Mts, away from the site. Finally, the Revenue Divisional Officer, Nagarkurnool has recommended for grant of mining lease for Quartz and Feldspar over an extent of Ac. 109-08 Gts., in Sy No. 330/1 of Kalwakole Village, Peddakothapally Mandal in favour of M/s Dhruva enterprises, Rep. by Sri S. Venkateshwar Rao as per rules. Further, the Revenue Divisional Officer, Nagarkurnool has attested the demarcated Sketch and forwarded to ADM & G office.
Finally, the Assistant Director of Mines and Geology, Nagarkurnool recommended the Mining Lease application of M/s. Dhruva enterprises, Rep by Sri. S. Venkateshwar Rao for granat of Mining Lease for Quartz and Feldspar over an extent of 24.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool (erstwhile Mahabubnagar) District for a period of (20) years subject to the satisfaction of Rule 12 (5) of TSMMC Rules, 1966 and latest amendments thereon.
Meanwhile, the Ministry of Mines, Government of India issued Gazettee Notification vide GSR No 423 (E), dated 10.02.2015 in exercise of the powers conferred by clause (e) of Section 3 of the mines and Minerals (Development and Regulation) Act, 1957 declared the (31) Major Minerals as Minor Minerals in addition to the Minor Minerals already vested with the State Government.
The Government vide G.O.Ms. No. 15, dated 16.03.2016 after careful examination of the matter, hereby decided in order to regulate the said (31) Minerals on par with Granite useful for cutting and polishing and marble as per Rule 12(5) of the existing Telangana Minor Mineral Concession Rules, 1966, on case to case basis until the "Telangana State Mineral Policy" and "Telangana Minor Mineral Concession, Conservation and Development Rules, 2016" are announced.
After careful examination of the proposals of the Assistant Director of Mines and Geology, Nagarkurnool it has been decided in principle to grant a Quarry Lease for Quartz and Feldspar over an extent of 24.00 Hectares in Sy.No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool (erstwhile Mahabubnagar) District infavor of M/s Dhruva Enterprises, Rep by Sri. S. Venkateshwar Rao in accordance with a notice was issued to the applicant vide reference 4th cited for submission of Approved Mining Plan within a period of (6) months from the date of issue of notice as per Rule 12 5) (c) of Andhra Pradesh Minor Mineral Concession Rules, 1966 along with Consent for Establishment from A.P. Pollution Control Board and Environmental Clearance from Ministry f Environment and Forest s as per Environmental Impact Assessment Notification issued vide S.O. 1533, dated 14-09-2006 read with S.O. No. 141 (E), dated 15.01.2016.
Through the reference 5the cited, the Deputy Director of Mines and Geology, Hyderabad scrutinized the Mining plan for grant of Quarry lease for Quartz over an extent of 24.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Pedddakothapally Mandal, Nagarkurnool District in favour of M/s Dhruva Enterprises, Rep by Sri S. Venkateshwar Rao. As per the scrutinized mining plan the Mineable Reserves for Quartz are 71,66,407 Tonnes and the Life of the Mine is 18 Years. Further, the average production per annum will be 4,05,842 TPA.
The applicant M/s Dhruva Enterprises, Rep by Sri. S. Venkateshwar Rao vide letter dated 20.04.2017 submitted that Mining Plan scrutinized by the Deputy Director of Mines and Geology, Hyderabad vide Lt. No. 3597/QP/MBNR/2016 dated 24.10.2016 within stipulated time and also submitted EC issued by MoEF vide order no. SEIAA/S/OL/MBNR-12/2016-92, dated 11.04.2017 and T.S Pollution Control Board has issued Clearance (CFE) vide order no. 173-RO-HYD/TSPCB/ZO-HYD/CFE/TS-iPASS/2017-38, dated 20.04.2017. The quantity proposed in the mining plan is in accordance with EC and CFE.
Event thought the letter of Intent issued for grant of Quarry lease for Quartz and Feldspar over the subject area, the mining plan is scrutinized for Quartz mineral only. Accordingly EC and CFE also issued for Quartz mineral only.
In view of the above circumstances, a Quarry Lease for Quartz over and extent of 24.00 Hectares in Sy. No. 330/1 of Kalwakole Village, Peddakothapally Mandal, Nagarkurnool Sistrict is hereby granted in favour of M/s Dhruva Enterprises, Rep by Sri. S. Venkateshwar Rao for a period of (20) years under Rule 12 (5) (a) (i) of Telangana State Minor Mineral Concession Rules, 1966. Further, the grantee shall submit consent for Operation (CFO) after execution of the lease deed and before starting the quarrying operations. The lessee should follow Regulations 109 and 127 of Metalliferrous Mines Regulation, 1961 and also subject to the condition mentioned in appendix. "
Therefore, it appears from the above that the Revenue Divisional Officer, Nagarkurnool recommended for grant of mining lease for quartz and feldspar over an extent of 109 Acres and 08 Guntas in Sy. No. 330/1 (approximately 44 Ha) against the proposal of Project Proponent for mining leases over 29 Ha. Finally, the Assistant Director of Mine and Geology, Nagarkurnool recommended the application of M/s Dhruva Enterprises for over an extent of 24 Ha in Sy. No. 330/1 of Kalwakole Village.
There are no specific reasons cited for reducing the mining lease area from 29 Ha to 24 Ha. in the order, dated 22.04.2017, of the proceedings of the Director Mines and Geology, Hyderabad. There is no mention of Singotham lake nearby. It has only been stated that a canal is situated 1 km away from the Sy. No. 330/1 and that there is no habitation nearby area upto a distance of 1 km and that the mining in the proposed area will not affect the agriculture in nearby land as the same are situated at a distance of 500 Meter from the site. The Environmental Clearance granted by the SEIAA, Telangana on 11.04.2017 does mention about the existence of Singotham lake at a distance of 250 m from the mining lease area. The Appellant has, however, alleged that the mining lease abuts the Singotham lake and they have submitted few photographs which clearly shows that the mining is continuing at a very close distance from the edge of the lake.
Respondent no. 7-Project Proponent has submitted that a buffer of 250 meter has been left as set back from the lake boundary to the lease boundary to protect the lake. They have also produced map of the lease area so as to show that the lake is to the North of the mining lease, whereas the mining is carried out in the south east direction from the south face of the hillock.
It is revealed from the true copy of the application for mining lease submitted by the Project Proponent before the authorities concerned which has placed on record by the State on 23.12.2019, that the mining lease was applied for 29 Hectare of land for a period of 20 years in Survey No. 330/1 of Kalwakole, 127/3 of Singotham and 99/A1 of Yenmanbetta. In the Form I enclosed with the mining lease application, under the heading 'Environmental Sensitivity', it has been mentioned that no protected areas exist in 10 KM radius and that there are no areas which are important or sensitive for ecological reasons - wetlands, watercourses or other water bodies, coastal zone, biospheres, mountains, forests. It is clear from the application that existence of Singotham lake at a distance of 250 m from proposed mining lease area was concealed.
In view of the fact that the Project Proponent had applied for mining lease for 29 Ha of land for quartz and feldspar mining in Sy No. 330/1 vide their application dated 28.07.2016 and the Revenue Division Officer, Nagarkurnool had recommended for grant of mining lease for quartz and feldspar over an extent of 109 Acres and 08 Guntas (approximately 44 Hs) in Sy No. 330/1 of Kalwakole Village.
Finally, the Assistant Director Mines and Geology, Nagarkurnool had forwarded the application of M/s Dhruva Enterprises recommending mining lease of quartz and feldspar over an 24 Ha in Sy No. 330/1 of Kalwakole Village. The Assistant Director of Mines and Geology, Nagarkurnool while recommending the grant of mining lease vide his letter dated 08.07.2016 for quartz and feldspar over 24 Ha of land has not given any reason as to why mining lease was reduced from 29 Ha applied for to 24 Ha. There is no mention about maintaining safe distance of 250 mts from the lake boundary, in his letter dated 28.07.2016.
While granting mining lease on 07.09.2016, the Director of Mines and Geology had asked the Project Proponent - M/s Dhruva Enterprises to submit the mining plan approved by the Joint Director of Mines and Geology, Hyderabad. It is, however, mentioned in said letter that the approved mining plan shall also reflect restriction to be adopted by the appellant while conducting quarrying operations due to the existence of structures like temples, railway line, roads, water bodies such as river, lake etc., and the stipulated distances as per the various regulations prescribed under Mines and Metalliferous Regulations, 1961. The safety measures to be taken are also to be incorporated. However, we do not find any restrictions imposed in the environmental clearance granted on 11.04.2017. The only condition i.e., General Condition No. 13, talks about the water courses is as under:
"The Project Proponent shall ensure that no natural watercourse and/or water resources shall be obstructed due to any mining operations. Necessary safeguard measures to protect the first order streams, if any, originating from the mine lease shall be taken."
We, therefore, find merit in the submissions of the Appellant that the mining lease area was reduced from 29 Ha to 24 Ha only to escape public hearing and rigours of Environment Impact Appraisal by the MoEF & CC in terms of EIA Notification 2006, and subsequent amendments thereunder. We are also convinced that the mining is currently being done very close to the Singotham lake, in fact at the edge of the lake, in the absence of any safe distances imposed upon the Project Proponent for their mining operations. We, therefore, direct the MoEF & CC 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 and till then mining operation will remain suspended.
With the abovementioned directions, this Appeal No. 24/2018 is disposed of with no order as to cost.