Sv Minerals Llp vs The Union Of India
2022 Latest Caselaw 5001 AP

              HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                        WRIT PETITION No.22191 of 2022

ORDER:

The petitioner had applied for grant of mining lease

for Mica, Quartz and Fledspar in an extent of 16.14 hectares of

land in Sy.Nos.37 & 38 of Prabhagiri Patnam Village,

Podalakuru Mandal, SPSR Nellore District by way of application

dated 20.11.2017. The land in which the mining lease was

sought belongs to the petitioner. This application of the

petitioner was processed and the petitioner was directed to

obtain various clearances and permissions including

environment clearances and approval of the mining plan.

2. One of the requirements, for commencing mining

activities, over such an extent of land, is the requirement of

obtaining the consent for establishment and consent for

operation as per the Environment Impact Assessment (EIA)

notification bearing No.SO.1533, dated 14.09.2006 issued by

the Central Government. One of the steps needed to be taken for

grant of such clearances is a public hearing. The manner of the

said public hearing has also been set out in SO.1533 (E), dated

14.09.2006.

3. At the request of the petitioner, the District

Collector, SPSR Nellore District, who is the 5th respondent

herein, had directed the 7th respondent, who is the Environment

Engineer, Regional Office, Andhra Pradesh Pollution Control

Board, Nellore, to conduct such a hearing. However, the hearing

could not be conducted initially on account of Covid-19

pandemic. Subsequently, when steps were taken for conducting

the said hearing, it appears that the local representative of the

people had requested that the hearing be cancelled on the

ground that the locals are not willing to allow one more mining

operation to be initiated in the area as large scale mining has

already been going on area.

4. This request was forwarded by the 7th respondent to

the Revenue Divisional Officer, Nellore District on 13.12.2021

under a letter bearing No.GN.35/PCB/RO/NLR/2021.

Thereafter, no public hearing has been held. Aggrieved by the

refusal of the 7th respondent to conduct the said public hearing,

the petitioner has approached this Court, by way of the present

Writ Petition.

5. The learned Government Pleader for Mines &

Geology was called upon to obtain instructions and place the

same before this Court. The learned Standing Counsel for

Pollution Control Board and State Level Environment

Assessment Authority, who is arrayed as 2nd respondent was

also called upon to obtain instructions in the matter.

6. The learned Government Pleader for Mines &

Geology submits that the issue relates to holding of public

environment hearing and it is only after such a hearing is held

that the mines department comes into the picture. He would

submit that at this stage, the mines department has no role to

play.

7. The learned Standing Counsel for the respondent

Nos.2 & 7 would submit that in view of the Judgment of the

Hon'ble Supreme Court of India in the case of Deepak Kumar

& others. Vs State of Haryana & others1, (paragraphs 4, 5 &

11) a public hearing is a mandatory requirement before

environment clearances and certificates of establishment and

certificates of operations can be issued.

8. In the circumstances, this Writ Petition is disposed

of directing the 7th respondent to conduct an environment

public hearing in relation to the mining lease sought by the

petitioner over an extent of 16.14 hectares of land in Sy.Nos.37

& 38 of Prabhagiri Patnam Village, Podalakuru Mandal, SPSR

Nellore District. The said hearing shall be conducted by the 7th

respondent, in accordance with the law and after due notice to

all the persons who are to be issued such notices. In the event

of any apprehension on the part of the 7th respondent, relating

to the conduct of the said meeting, it would be open to the 7th

respondent to call upon the 5th respondent for assistance and

for ensuring that the law and order is maintained in the area

while the said hearing is going on. This exercise shall be

completed by the 7th respondent within a period of six weeks

from the date of receipt of this order. There shall be no order as

to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

04.08.2022 BSM

2012 Vol-4 SCC 629

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.22191 of 2022

04.08.2022

BSM