Point of law: Right to clean environment is a guaranteed fundamental right. Various courts, particularly the superior courts in India are vested with wide powers, especially in terms of Articles 32 and 226 of the Constitution of India to deal with issues relating to the fundamental rights of the persons.

    ORDER:

The petitioner prays for a writ of mandamus declaring the order in proceedings No.30786/D-11-ATP/2017 dated 03.12.2019 passed by 2nd respondent rejecting the quarry lease application for barytes in an extent of 2 hectares in S.No.01/P (Compartment No.558) of Yellutla Village, Puttulu Mandal, Anantapuramu District as illegal, arbitrary and without jurisdiction and for a consequential direction to 2nd respondent to grant quarry lease in favour of the petitioner.

2. The petitioner’s case succinctly is thus:

(a) The petitioner submitted an application dated 16.11.2017 to 2nd respondent for grant of quarry lease of barytes over an extent of 2 hectares in the aforesaid area which is a forest land. The 4th respondent inspected the applied area for quarry lease and made a recommendation to forward the application to 5th respondent to enable the applicant to obtain forest clearance under the provisions of the Forest Conservation Act, 1980 (for short, ‘the FC Act, 1980’) subject to the satisfaction of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the APMMC Rules, 1966’).

(b) The application of the petitioner was forwarded by 1st respondent to the Government of India on 28.05.2018 for diversion of forest land in accordance with Section 2 of the FC Act, 1980. The proposal of the State Government was accepted in principle by the Ministry of Environment, Forest and Climate Change (for short, ‘MoEFCC) and a letter was accordingly addressed to the Government of Andhra Pradesh on 21.08.2018 stating that the proposal was accepted subject to the conditions mentioned in their letter. Those conditions were complied with and the State Government had addressed a letter to the Government of India (GOI) on 25.10.2018, basing on which the GOI accorded Stage-II approval on 02.11.2018 and thereafter the Government of A.P. issued G.O.Ms.No.126 dated 16.11.2018.

(c) Barytes was originally a major mineral to which the provisions of the Mines & Minerals (Development and Regulation) Act, 1957 (for short, ‘the MMDA Act’) were applicable. Subsequently the Union of India (UOI) issued notification on 10.02.2015 declaring 31 minerals including Barytes as minor minerals exercising the power under Section 3(e) of the MMDA Act. In its part, the Government of A.P. issued notification in G.O.Ms.No.34 dated 14.03.2016 and delegated powers to 2nd respondent to take action for grant of mining leases. Subsequently another notification i.e., G.O.Ms.No.56 dated 30.04.2016 was issued mentioning about the requirement of environmental clearance for operation of minor minerals. In view of G.O.Ms.No.56, the petitioner made an application to the State Level Environment Impact Assessment Authority and clearance was granted in order No.SEIAAAPANTMIN 0820191146/049 dated 17.09.2019 and the Pollution Control Board also issued its consent in its order No.ATP-1060/PCB/ZO-KNL/ CFP/2019 dated 24.09.2019.

(d) It is submitted that though all the above necessary approvals were obtained by the petitioner, the 2nd respondent has not passed order on her application. So, the petitioner filed W.P.No.17056/2019 and this Court in its order dated 06.11.2019 while disposing of the writ petition directed the 2nd respondent to pass appropriate order. Subsequently the 2nd respondent passed the impugned proceedings No.30786/D-11-ATP/2017 dated 03.12.2019, wherein, relying on the letter of 5th respondent dated 07.12.2017, withdrew the Letter of Intent (LOI) issued on 01.07.2019. The impugned order is wholly illegal and without jurisdiction and contrary to Rule 12 of the A.P. Minor Mineral Concessions Rules. When once the letter of intent is issued in favour of the applicant, it is obligatory on the part of the applicant to obtain permission from the State Level Environment Impact Assessment Authority, Pollution Control Board and when the applicant has complied with the sam