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SUPREME COURT OF INDIA
L. NAGESWARA RAO, B.R. GAVAI, B.V. NAGARATHNA, JJ.
DHRUVA ENTERPRISES - APPELLANT
VERSUS
C. SRINIVASULU AND OTHERS - RESPONDENT
CIVIL APPEAL NO.3776 OF 2020
DECIDED ON : 15-09-2021
National Green Tribunal Act, 2010 – Section 16 read with Section 18(1) and Section 15 – Suspension of mining operations and direction to Ministry of Environment & Forest and Climate Change to conduct Environment Impact Assessment Appraisal in terms of EIA Notification 2006, and subsequent amendments thereunder – Prior to grant of ‘in-principle’ approval by Director of Mines and Geology, Hyderabad, Government of Telangana, proposed area was physically inspected by Tahsildar along with Assistant Revenue Inspector – Assistant Director of Mines and Geology had independently inspected area – Area was surveyed by Official Surveyor with GPS instrument and while earmarking area, distance of 0.25 km was also maintained – Proposal of appellant has undergone scrutiny at various stages – Only after it was found that it was in conformity with provisions of law, ‘in-principle’ approval and EC for Quarry Lease had been granted – Thereafter, appellant has submitted his Mining Plan which was again duly examined by various authorities – Proposal of appellant was initially considered by SEAC and recommended for grant of EC – Thereafter, SEIAA, after considering all aspects has granted EC to project of appellant – Only thereafter, Quarry Lease had been granted in favour of appellant – Tribunal has grossly erred in arriving at a finding that appellant had reduced area to 24 hectares only in order to avoid rigours of public hearing and further that there was no distance of 0.25 km between proposed mining area and Singotham Lake – Impugned judgment and order passed by Tribunal quashed and set aside. (Paras 20, 22, 24 and 25)
Facts of the case:
Appellant has approached this Court being aggrieved by impugned judgment and order dated 17th January 2020, passed by the National Green Tribunal, Principal Bench, Delhi, thereby allowing the appeal filed by respondent Nos. 1 to 3 and directing the Ministry of Environment & Forest and Climate Change 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. By impugned judgment and order, Tribunal has further directed suspension of mining operations until the completion of the said exercise.
Findings of Court:
Insofar as the finding of the learned Tribunal that the area was reduced to 24 hectares from 29 hectares only in order to avoid the rigours of public hearing, is totally erroneous. The appellant had no role to play in the same. It is the authorities who recommended approval in respect of only 24 hectares. Insofar as the mandatory distance from the water body is concerned, the authorities upon survey had found that mandatory distance of 0.25 km is maintained.
Result : Appeal allowed.
JUDGMENT :
B.R. GAVAI, J.
1. The appellant has approached this Court being aggrieved by the impugned judgment and order dated 17th January 2020, passed by the National Green Tribunal, Principal Bench, Delhi, thereby allowing the appeal filed by respondent Nos. 1 to 3 and directing the Ministry of Environment & Forest and Climate Change 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. By the impugned judgment and order, the Tribunal has further directed suspension of the mining operations until the completion of the said exercise.
2. Facts in brief giving rise to filing of the present appeal are as under:
The appellant had applied on 28th July 2016 for Mining Lease for Quartz and Feldspar mining over 29 hectares of land in Sy. No. 330/1, Kalwakole Village, Peddakothapally Mandal, Mahabubnagar District, State of Telangana. The total land in the said survey number was 109 Acres and 08 Guntas (approximately 44 hectares), out of which the appellant had applied for 29 hectares. In the application submitted by the appellant, it was stated that the nearest human habitation was Yenambetla, existing at a distance of about 1.6 km from the applied area. It was further stated in the application that the nearest water body was at a distance of 0.25 km named as Singotham Lake.
3. The application of the appellant was processed at various stages including the Revenue Divisional Officer (hereinafter referred to as the “RDO”), Nagarkurnool, Assistant Director of Mines and Geology, Mahabubnagar and Director of Mines and Geology, Hyderabad, Government of Telangana. Vide communication dated 7th September 2016, the Director of Mines and Geology, Hyderabad, Government of Telangana informed the appellant that after careful examination of the proposal submitted by the appellant, the Assistant Director of Mines and Geology, Mahabubnagar had recommended for grant of Quarry Lease in favour of the appellant for Quartz and Feldspar over an area of 24 hectares in Sy. No. 330/1, Kalwakole Village, Peddakothapally Mandal, Mahabubnagar District, Telangana. The appellant was directed to submit a Mining Plan approved by Joint Director of Mines and Geology, Hyderabad for the proposed area within a period of six months from the date of the said communication. The appellant was directed to submit Consent from the Telangana State Pollution Control Board and also Environmental Clearance (hereinafter referred to as “EC”) from the Ministry of Environment & Forest (hereinafter referred to as the “MoEF”) as per the Environment Impact Assessment Notification (hereinafter referred to as the “EIA Notification 2006) dated 14th September 2006 and 15th January 2016. It was also stated in the said communication that if the appellant fails to submit the Approved Mining Plan within the stipulated period, it will be presumed that the appellant was not interested in getting the Quarry Lease for the said area and further course of action will be initiated in accordance with law. Thereafter, the State Environment Impact Assessment Authority, Telangana (hereinafter referred to as the “SEIAA”) examined the said proposal in accordance with EIA Notification 2006 and the subsequent amendments thereof and exempted the same from the process of public hearing as the mining lease area was less than 25 hectares. The SEIAA accorded EC on 11th April 2017, with specific and general conditions.
4. Challenging the same, the respondent Nos. 1 to 3 filed an appeal under Section 16 read with Section 18(1) and Section 15 of the National Green Tribunal Act, 2010 (hereinafter referred to as the “said Act”) before the National Green Tribunal, Southern Zone, Chennai being Appeal No. 582 of 2017 (SZ
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