THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.6296 of 2023
ORDER:
This Writ Petition is filed seeking a writ of mandamus declaring the inaction of the respondents in considering the representation of the petitioners dated 23.02.2023 as illegal and arbitrary and consequently to direct the respondents not to dispatch the sand from check dam at Nawabpet Village, Chigurumamidi Mandal, Karimnagar and to pass such other order or orders.
2. Learned counsel for the petitioners submitted that the respondents have issued the proceedings dated 07.02.2023 permitting de-silting and transportation of sand from Yallammagadda Vagu at Nawabpet Village, Chigurumamidi Mandal, Karimnagar District without taking into consideration the representation of the petitioners as well as of all the villagers who have joined therein while submitting the representation. It is submitted that the sand in the Village is supposed to be used for the requirements of the Village only and should not be transported outside the village. In support of his contention, he has placed reliance upon the provisions of G.O.Ms.No.15 dated 19.02.2015 and G.O.Ms.No.38 dated 12.12.2014 wherein the sand in I and II order streams will be left to the local body and villagers for domestic needs. It is submitted that the respondents are permitting de-silting and transportation of sand in violation of PMD,J W.P.No.6296 of 2023 2 these GO's. Therefore, the petitioners are seeking a direction to the respondents to consider the representation of the petitioners and stop de-silting of the sand from the said vagu.
3. Learned Additional Advocate General appearing for the respondents had submitted that since the matter relates to environmental impact, it can only be considered by the National Green Tribunal and this Court, under Article 226 of the Constitution of India cannot interfere with the same. He also placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Bhopal Gas Peedith Mahila Udyog Sangathan and others v. Union of India and others reported in (2012) 8 SCC 326 in support of his contentions.
4. Learned counsel for the petitioners, however, relied upon the judgment of Hon'ble Supreme Court in the case of Madhya Pradesh High Court Advocates Bar Association and another v. Union of India and another reported in 2022 LiveLaw (SC) 495 to contend that the power of judicial review under Article 226, 227 in the High Court and Article 32 in the Supreme Court are part of basic structure of the Constitution and the same are valid in this case and therefore, this Court can entertain the writ petition even after formation of National Green Tribunal.
PMD,J W.P.No.6296 of 2023 3
5. Having regard to the rival contentions and having regard to the fact that the only prayer of the petitioners at this stage, is to consider the representation of the petitioners and stop illegal sand mining at Yallammagadda Vagu at Nawabpet Village, Chigurumamidi Mandal, Karimnagar District, this Court finds that in the representation already made by the petitioners, this prayer is not reflected. Therefore, this Court, in the interest of justice, is inclined to direct the petitioners to make a fresh representation to the respondent No.5, who is the head of the District Level Sand Committee, and on receipt of such representation, the respondent No.5 shall consider the same and take a decision thereon in accordance with law and in accordance with the GOs mentioned above and pass appropriate orders within a period of two (02) weeks from the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 09.03.2023 PRN PMD,J W.P.No.6296 of 2023 4 120 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.6296 of 2023 Date:09.03.2023 PRN