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Judgment
The application is filed for a direction to respondent No. 8, Department of Mines and Geology to cancel the mining lease granted to the respondent No. 10 contending that the land in question is part of the notified Sultanpur Reserve Forest, Nalgonda District.
Though an interim order was granted earlier on 27.04.2016, directing respondent No. 8 not to permit respondent No.10 from carrying on the mining activities in the forest area of 65.38 hectares notified Sultanpur Reserve Forest, Nalgonda District, as seen in the communication of Principal Chief Conservator of Forest dated 23.01.2016. Later by order dated 05.07.2016, the interim order was vacated taking note of the order dated 29.01.2016 passed by the Hon'ble High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh suspending the order to stop mining taking note of the proceedings dated 30.06.2007 where on joint survey the mining area was found falling outside the Sultanpur Reserve Forest Block by the Hon'ble High Court in WP No. 3541 of 2016. It was made clear in the order that it is open to the applicant to implead himself as a party in the Writ Petition and get an order of clarification or modification as advised.
The applicant has already got himself impleaded in the Writ Petition, as submitted by the learned counsel appearing for the applicant.
The sole question to be settled in the Original Application is whether the area covered by the mining lease granted in favour of respondent No.10 falls within the Sultanpur Reserve Forest. Exactly the same question is being settled in the Writ Petition pending before the Hon'ble High Court of Hyderabad. In fact the forest authorities found on survey that the portion covered by the mining lease falls within the Sultanpur Reserve Forest but base on an earlier joint survey the proceedings of the Forest Authorities are challenged in the Writ Petition. Hence, whether the disputed land falls within the Reserved Forest is the question to be settled in the Writ Petition as well as this application.
In such circumstances, when the applicant has already got himself impleaded and the forest authorities as well as mining lease holder are parties to the Writ Petition pending before the Hon'ble High Court, we do not find it necessary to keep this application pending. If the Writ Petition is finally decided by the Hon'ble High Court and it is found that the area covered by the impugned mining lease falls within Sultanpur Reserve Forest, the applicant is at liberty to approach the Tribunal. Even otherwise, if the mining lease area forms part of the Reserved Forest, the respondent No.10 based on the mining lease, is not entitled to carry on mining, unless there is clearance under the Forest Conservation Act as well as the Environmental Clearance (EC) granted under EIA Notification, 2006.
The application is disposed of accordingly, with no order as to costs.
Miscellaneous Application No. 17 of 2017:
This is an Miscellaneous Application to dispense with the cost of Rs.10,000/- imposed for non filing of reply affidavit. In the interest of justice, the Miscellaneous Application is allowed. Cost portion is waived.