Telangana High Court
Goola Raju vs The Union Of India on 9 March, 2023
Bench: P.Madhavi Devi
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
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W.P.No.6296 of 2023
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.
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W.P.No.6296 of 2023
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
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W.P.No.6296 of 2023
THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION No.6296 of 2023
Date:09.03.2023
PRN
