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Judgment
The present public interest litigation has been filed by the petitioners praying for the following relief:-
“This Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the impugned action of the respondent 7 in granting no objection for considering and processing the applications by the respondents 2 to 4 submitted by the respondents 9 to 10 for granting mining lease (Black Granite) in sy.No.661 BairagiGutta measuring admeasuring 1.1000 hectares Hillock, situated in Nelakondapalli Village and Revenue Mandal, Khammam District for a period of 20 years and the respondents 2 to 4 granting the same in violation of the Government policy affirming through the Letter No.4044/O/07 dated 01.03.2014 by 4th respondent in favour of 10th respondent and Letter No.4044/O/07 dated 24.04.2014 by 4th respondent in favour of the 9th respondent, ignoring the fact that in conducting mining operations damage would be caused to ancient temples Swayambu Hanuman Temple, Venkateswara Swamy Temple and also a very old check dam, Keechaka kundam (Puhkarni) and caves located on the top of the Hillock and residential houses near by the hillock due to vibrations created by shock waves generated because of mining operations and blasting within the radius of one Kilometer from the mining area thereby reducing ecological balances apart from being hazardous to health due to dust pollution guaranteed under Articles 21, 47, 48-A, 51-A(g) Constitution of India without following due process of law as illegal, arbitrary and violative of principles of natural justice etc and consequently directing the respondents 1 to 7 cancel all the leases granted to Respondents 9 and 10 and others and to direct the 8th Respondent to take necessary steps to protect the ancient hillock together with annexed temples and keechaka kundam etc. and grant such other relief or reliefs.”
The petitioners have stated that in spite of the fact that Boudha Stupa of Second Century is in existence, there are archaeological sites, the Archaeological Department has found remains of period prior to Christ at Nelakondapally, permission has been granted for mining activities in the area.
A detailed reply has been filed by the Assistant Director, Mines and Geology, Khammam, and the relevant portion is reproduced as under:
“As the matter stands that the villagers of Nelakondapally through Lr dt.20-6-2014 has given representation to this office and requested to stop the quarrying at Byragigutta, Nelakondapally (Vg & M) and protect historical places and temples.
The District Collector Khammam has given note orders in the connected file on 3-10-2014 informing that villagers have objected to mining on Rc.No.B/271/2013 dated 09.05.2013 Tahsildar Nelakondapally has requested the Revenue Divisional Officer to review the Mining Lease to protect the Historical sites of Byragigtta and existing temples and Hindu Burial ground and Buddha monument site at Nelakondapally. On Rc.No.C3/3201/2013 dated:09.05.2013 the Revenue Divisional Officer, has requested the District Collector, Khammam to protect the Historical site. On Rc.No.H1/1078/2013 dated:15.05.2013, the Director of Archeology has instructed to cancel the lease permits. Rc.No.E2/8/New dated:31.05.2013 District Collector, Khammam has instructed the Asst.Director of Mines & Geology to review the Mining Lease. Then earlier No Objection Certificate also kept in Abeyance. Asst. Director of Mines & Geology has requested the Director to issue prohibitory orders. In view of the above facts District Collector is of the considered opinion that since the Historical sites of Byragigutta and Buddha Monument are very nearby the Mining site, mining shall not be allowed in the area. The Asst.Director mines is requested to take necessary immediate action.
The Asst. Director of Mines and Geology, Khammam through letter No.4044/Q/2007, dated 8-10-2014 has forwarded and recommended for determination of leases held by M/s. Rita Industrial Corporation Ltd & M/s. Janaki Granites over an extent of 0.800 Hects & 0.300 Hects respectively in Sy.No.661 as per Rule 12(5) (h)(xii) of APMMC Rules 1966 & GCDR Rules 1999 as the No Objection Certificate which is kept in abeyance by the Tahsildar, Nelakondapally (M) Khammam District issued through Lr.No.B/271/2013 dt. 1-6-2013 is not withdrawn and also note orders observations of the District Collector, Khammam not to allow the mining as the Mining site is very near to historical sites of Byragigutta and Buddha monument. Soon after receipt of orders of Director of Mines and Geology, Hyderabad this office will take necessary steps for stopping quarry lease and the quarry lease area will be handed over to Revenue Department.
Para No: 14 No Remarks
Para No:15 No Remarks
Para No:16 No Remarks
It is prayed that the Hon’ble Court may be pleased to dismiss the Pil No.176/2014 and pass such other order or orders as may be deemed fit and proper in the circumstances of the case”.
The reply reveals that the respondents have stopped mining activities, keeping in view of the historical sites and even the No Objection Certificate issued by the Tahsildar, Nelakondapally Mandal, Khammam District, has been kept in abeyance.
The learned Government Advocate has fairly stated before this Court that no mining activity is being permitted in respect of the area in question.
Resultantly, the public interest litigation stands disposed of with a direction to the District Collector. Khammam, as well as the Director of Mines and Geology, Government of Telangana, Hyderabad, to ensure that no mining activities are carried out in the area in question which is in Survey No.661 situated at Nelakondapally Village and Revenue Mandal, Khammam District.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.