ORDER

This writ petition is filed praying this Court to declare the action of respondent No.3 in granting permission to respondent No.9 for establishing crusher machine in an extent of 2.400 hectares comprised in Sy.No.352/1 situated at Chowdoor Village, Nawabpet Mandal, Mahabubunagar District vide proceedings No.QL/MBN/ HA10210005, dated 14.09.2023 as illegal and arbitrary.

2. It is the case of the petitioners that they are the pattadars of various extents of agriculture lands comprising in Sy.Nos.42, 137, 321, 337, 346, 348, 351, 352, 353, 354, 357, 358, 365, 366 and 367 situated at Chowdoor Village, Nawabpet Mandal, Mahabubnagar District. It is the further case of the petitioners that respondent No.3 has granted quarry lease for building stone, road metal and rough stone over an extent of 2.400 hectares in Sy.No.352/1 of Chowdoor Village, in favour of respondent No.9 for a period of 20 years from 12.03.2023 vide proceedings No.QL/MBN/HA10210005, dated 13.09.2023. The grievance of the petitioners is that the said permission granted by respondent No.3 in favour of respondent No.9 is contrary to the guidelines issued by the Pollution Control Board in the year 1997, according to which one kilometer is the safe distance between the crusher unit and human habitation, and the subsequent amended guidelines issued by the State Level Environment Impact Assessment Authority (SEIAA), vide proceedings F.No.4/TSPCB/EC/SEIAA/ General/2015, dated 11.06.2020, as such they submitted a representation dated 22.12.2023 on the file of respondent No.4 seeking to stop/shift the operation of respondent No.9 from the patta land, but so far no action has been taken thereon.

3. Learned counsel appearing for respondent No.9 submits that only after due verification of the statutory clearances i.e., Quarry plan scrutinized by the Deputy Director of Mines and Geology, Hyderabad Region vide Lr.No.1117/QP/MBNR/ 2023, dated 05.05.2023 and environmental clearance issued by the state Level Environment Impact Assessment Authority (SEIAA), Ministry of Environment, Forest and Climate Change, Government of India vide E.C.No.EC23B001TG113486, dated 27.06.2023, Consent for establishment issued by the Telangana State Pollution Control Board, Hyderabad vide CFE Order No.1111-MBNR/TSPB/ZO-HYD/FE/2023-509, dated 22.08.2023 and consent for operation issued by the Telangana State Pollution Control Board, Hyderabad vide FO Order No.1111-MBNR/TSPCB/ZP-HYD/CFO/2023- 531, dated 25.08.2023, the quarry lease has been granted in favour of respondent No.9 to an extent of 2.400 hectares in Sy.No.352/2 of Chowdoor Village, for a period of twenty (20) years. Learned counsel further submits that since respondent No.9 has obtained all necessary clearances, the petitioners cannot have any grievance whatsoever either to submit a representation on the file of respondent No.3 or to approach this Court seeking cancellation of the lease granted in favour of respondent No.9.

4. Respondent No.3 has filed a counter affidavit stating that respondent No.9 has obtained all statutory clearances and after verification of the proceedings issued by the State Level Environment Impact Assessment Authority (SEIAA), the lease was granted in favour of respondent No.9. It is further stated that since the entire area located in Sy.No.352/1 to an extent of Acs.13.06 guntas situated in Chowdoor Village, is covered by rocks, mounds and the remaining land is not covered by government/forest land and the said survey number is located around a distance of 4 kilometers from Chowdoor Village and the said land is presently vacant (Padavu) and 2.400 hectares of land is eligible for granting mining operations and after complying with all the statutory clearances, the mining lease was issued in favour of respondent No.9 and as such it does not warrant interference by this Court for cancellation of the lease.

5. This Court has verified the proceedings, dated 27.06.2023, issued by the State Environment Impac