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Judgment
None has appeared for the petitioner, though respondents No.1 to 3 are represented by Ms. A.Sunitha, learned Assistant Government Pleader attached to the office of Mr. A.Sanjeev Kumar, learned Special Government Pleader. Respondent No.4 is represented by learned counsel Mr. B.Mukherjee.
Pursuant to our order dated 19.09.2022, Mr. B.Satyanarayana, Assistant Director of Mines and Geology, Nizamabad, is present in person before the Court.
The present public interest litigation has been filed seeking a direction to the respondents to take stringent action against stone crushers involved in illegal mining in forest area.
The public interest litigation was admitted on 24.11.2014 with a direction to the respondents to file the counter affidavit. In the proceedings dated 12.07.2018, Court was informed that no illegal mining was being carried out, all permissions and no objection certificates have been cancelled and action was being initiated against the erring officials. To apprise the Court about the latest position, respondents were directed to file additional affidavit. In the proceedings dated 30.12.2021, this Court took note of the affidavit filed by the State Government stating that State Government had initiated disciplinary action against the forest officials. Noting that the affidavit was silent in respect of action initiated against the illegal miners, State was directed to file additional affidavit to inform the Court about the action taken against all those persons who had carried out illegal mining. Thereafter, on several occasions time was granted to the learned Government Pleader to obtain instructions as to the steps taken. Finally, on 19.09.2022 the following order came to be passed:
“The matter pertains to illegal mining (metal and stone crushing) in the forest area.
While the State Government has initiated disciplinary action against the forest officials, Court wanted to know as to what action has been taken against the illegal miners. This order was passed on 30.12.2021. Since then, no information has been placed before this Court.
Mr. A.Sanjeev Kumar, learned Special Government Pleader submits that though he has written a number of letters to the Assistant Director, Mines and Geology Department, Nizamabad, the said officer has not responded to his letters.
In view of the above, we direct the Assistant Director of Mines and Geology Department, Nizamabad, to be present in person before this Court on 20.10.2022 at 10:30 am.
List on 20.10.2022.
This order shall be brought to the notice of the officer concerned by Mr. A.Sanjeev Kumar, learned Special Government Pleader as well as by the Registry of this Court.”
Mr. B.Satyanarayana, Assistant Director of Mines and Geology, Nizamabad, has filed an affidavit dated 18.10.2022.
We have perused the aforesaid affidavit including the report forming part of the same. The report discloses that show cause notices were issued to Mr. K.Venu Gopal, M/s. Pragathi Stone Crushers, Uma Maheshwara Stone Crushers, Mr. M.Rameshwar Reddy and M/s. Adishekthi Constructions, out of whom, three had submitted reply. But those replies were found to be not satisfactory. Accordingly, demand notices were issued to all five of them directing to pay seigniorage fee with five times penalty under the Andhra Pradesh Minor Mineral Concession Rules, 1966 for excavating minerals illegally. Details of the demand notices have also been mentioned. It is stated that G.O.Ms.No.26, dated 31.03.2022, has been issued by the Chief Secretary to Government of Telangana and Principal Secretary to the Government (Mines and Geology), Industries and Commerce Department, as per which all applications for minor minerals received prior to the date of commencement of the amendments to the Telangana Minor Mineral Concession Rules, 1966 have become ineligible. At present, there are no quarry leases existing in the forest area of Mamidipally Village of Makloor Mandal, Nizamabad District.
In view of the above, we are satisfied that State has taken remedial steps to rectify the mistake which had occurred earlier.
Consequently, we close the present public interest litigation directing the Principal Chief Conservator of Forests, Telangana, to ensure that there is no illegal mining inside forest areas in the State of Telangana.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.