L SRINIVAS Vs. STATE OF AP
HIGH COURT OF ANDHRA PRADESH
State Of Ap
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Satyanarayana Murthy, J. -
(1.)This petition under Article 226 of the Constitution of India is filed by the petitioner claiming a writ of mandamus declaring the proceedings dated 22.05.2018 and 30.05.2018 issued by respondent Nos.3 and 5 vide proceedings Order No.8136/APPCB/ZO-VSP/2018- 253 and notice No.1232/Q/2010 as illegal, arbitrary, without jurisdiction and violative of E.I.A. 2006 and notifications thereunder and consequently set-aside the order and notice referred supra.
(2.)The petitioner obtained mining permission/license for extraction of colour granite vide proceedings No.51632/R1-1/2010 dated 10.05.2012 from Government of Andhra Pradesh through respondent No.2 for an extent of Ac.16.214 hectares in Sy.No.168 of Kusumala Village, Mandasa Mandal, Srikakulam District and quarry lease was executed on 20.06.2012, which would expire by 19.06.2032, by the respondent No.3. The "Granite" being the minor mineral, lease would be granted as per the A.P. Minor Mineral Concession Rules, 1966. The A.P. Minor Mineral Concession Rules, 1966 (for short "the Rules") are framed under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (for short "the MMDR Act") and the Rules are a complete code by itself, deal with all aspects of mining of minor minerals. The subject lease is exclusively governed by Rule 9 thereof. Rule 12 specifies Quarry lease for minor minerals other than "Sand". According to Rule 12 (5) (h) the Licensee or lessee for extraction of granite or marble shall observe the provisions of Granite Conservation and Development Rules, 1999 or the provisions of Marble Development and Conservation Rules, 2002 as the case may be.
(3.)The above rules would clearly show that protection of environment is factored in the mining Rules for Granite unlike other Minor Minerals especially sand. Rule 52 of the Granite Conservation and Development Rules, 1999 makes it applicable to granite leases under the Rules. As per Rule 5 (3) of Environment (Protection) Rules, 1986, the Central Government would notify restrictions on any activity or new projects being undertaken unless environmental clearance is issued by Central Government or State Government. The Environmental Impact Assessment (EIA) Notification dated 27.01.1994 required Environmental clearance for Mining of major minerals having area of more than 5 hectares and there was no requirement of Environmental clearance for minor minerals under the said notification.
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