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A.ABHISHEK REDDY
Balaji Metal and Sand Manufacturer Pvt. Ltd. – Appellant
Versus
Forest Divisional Officer – Respondent
ORDER :
1. The petitioner and the issue involved in both the writ petitions is common. Therefore, they are clubbed together and disposed of together by this common order.
2. The petitioner is one M/s. Balaji Metal and Sand Manufacturer (P) Ltd. has filed W.P. No. 5786 of 2021 assailing the proceedings of the respondent No. 1 i.e. the District Forest Officer, Kamareddy, vide proceedings in showcause notice in Rc. No. 4437/2020/S5, dated 06.01.2021 directing the petitioner to stop the mining activity in the subject land, and consequently, sought for a direction to the respondents to permit the petitioner-company to carry on its business in the quarry lease area in terms of the work order and lease deed, dated 16.02.2016.
3. Subsequently, the very same petitioner-company filed W.P. No. 12395 of 2021 assailing the letter of the Assistant Director of Mines and Geology, Kamareddy, vide letter No. 2422/QL/2015, dated 31.12.2020, directing the petitioner-company to stop the entire quarrying operations in the quarry lease area.
4. The case of the petitioner-company is that the Deputy Direct
The judgment emphasizes the principle of prospective application of laws and the requirement for proper verification of facts and consideration of existing legal rights before issuing directives.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
The court established that prior judicial findings and inspections must be respected, and any new claims of violations require proper notice and participation of the affected parties.
The court affirmed the right to interim relief for stone removal from a quarry operating outside the Eco-Sensitive Zone, balancing environmental regulations with the entitlement of the quarry owner.
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