The court directed the authority to consider a representation for sand de-casting from agricultural land, acknowledging potential exemptions from Environmental Clearance for farmers removing flood-deposited sand under specific government notifications.

ORDER

: (ORAL)

Petitioner claims to be the pattadar of the land admeasuring Acs.1-22 guntas in Survey No.83/2A situated at Palem (Z) Village, Venkatapuram Mandal, Mulugu District, vide pattadar pass book bearing No. T24190470151. It is stated that the petitioner submitted representation dated 20.01.2020 for granting permission to de-cast sand deposited in her patta land. Pursuant thereto, joint inspection was conducted by the concerned authorities on 21.05.2020. After due verification and consideration, respondent No.3 issued permission to the petitioner to de-cast sand vide proceedings No.33/SAND/2019-5 dated 07.01.2021. However, certain conditions were imposed for such de-casting.

2. Heard Ms. P.V.V.B. Rajeshwari, learned counsel for the petitioner, and Mr. Gowtham Reddy, learned Assistant Government Pleader for Mines and Geology, appearing for respondent Nos.1, 3 and 4; and Mr. Mummineni Srinivasa Rao, learned Standing Counsel for the Telangana State Mineral Development Corporation Limited (TMDCL), appearing for respondent Nos.2 and 5, and perused the material available on record.

3. Learned counsel for the petitioner submitted that in the proceedings dated 07.01.2021, certain conditions were imposed contrary to Gazette Notification S.O.1224 (E) issued by the Ministry of Environment, Forest and Climate Change on 28.03.2020, whereby the requirement of prior Environmental Clearance (EC) for removal of sand deposits from agricultural fields after floods by farmers, and also for certain other activities listed in Appendix-IX thereof, is exempted.

4. Learned counsel for the petitioner further submitted that a co-ordinate Bench of this Court passed interim order dated 13.04.2023 in W.P.No.10041 of 2023, suspending the impugned conditions therein. The petitioner submitted a representation dated 12.12.2025 to respondent No.5, requesting for execution of an agreement for de-casting sand from her land. However, the application remains pending consideration.

5. Learned Assistant Government Pleader for Mines and Geology and the learned Standing Counsel for respondent Nos.2 and 5 have submitted that the representation of the petitioner dated 12.12.2025 will be duly considered.

6. Accordingly, the writ petition is disposed of, directing respondent No.5 to consider the petitioner’s representation dated 12.12.2025 for entering into an agreement to de-cast sand from her land admeasuring Acs.1-22 guntas in Survey No.83/2A situated at Palem (Z) Village, Venkatapuram Mandal, Mulugu District, and also to grant permission to excavate sand of 12,306 cubic meters from the said land, and pass orders in accordance with law, within a period of three (03) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.