De-Casting Of Sand In Patta Lands Not 'Commercial Mining Activity'; Can Be Conducted Within Eco Sensitive Zone: Telangana High Court

Since the Telangana State Mining Rules, particularly, Rule-7 provided for de-casting of mines from patta lands, the petitioners made independent applications before the Assistant Director of Mines and Geology Department, who was the Member Convenor of DLSC.

Since all the officers, forming part of the Joint Committee, were of the considered opinion that sand had to be de-casted to make the lands fit for agricultural operations, the DLSC accorded permission for de-casting of sand of 2,09,130 cubic meters from the patta lands of the petitioners through M/s. Telangana State Mineral Development Corporation Limited (TSMDC) subject to certain conditions.

The petitioners entered into agreements with M/s.TSMDC as per the amended Rule-7 of the Telangana State Sand Mining Rules, 2015 (for short, 'Rules, 2015'). Pursuant to the agreements entered, the de-casting operations commenced immediately. Subsequently, the Forest Range Officer, Eturunagaram (South) WLM issued letter dated 18.12.2021 stating that the subject area was falling under Eco Sensitive Zone (ESZ) of Eturunagaram Wild Life Sanctuary and directed to stop the de-casting operations in the patta lands.

The question before court was:

Whether de-casting of sand from the patta lands of the petitioners require prior clearance from the Standing Committee of the National Board for Wild Life on the ground that the said patta lands were within the Eco Sensitive Zone?

At the outset, the Court noted that the National Board for Wild Life decided that the activities in the ESZ should be of regulatory in nature rather than prohibitive nature, unless and otherwise so required. It categorized the activities into three categories: (i) Prohibited, (ii) Restricted with safeguards and (iii) Permissible. Commercial mining was shown as prohibited activity but ongoing agricultural and horticulture practises by local communities was shown as permitted category of activity as per the guidelines issued by the Government of India.

It then noted the procedure prescribed for de-casting by pattadars- Pertinently, the State Government has framed Rules for sand extraction and Telangana State Mineral Development Corporation is empowered to grant permission to the pattadars to de-cast the sand after conducting necessary inspections and after obtaining necessary permissions. Further, the Mandal Agricultural Officer would need to certify that without de-casting, the lands would not be fit for agriculture. The Executive Engineer has to certify with regard to location of the lands. If the lands were located within the river course/bed, Environmental Clearance was also required. If the agricultural lands were abutting the river, no environmental clearance was required.

The Court further noted that prior clearance from the SCNBWC is required for activities located within 10 kms of National Parks/Wildlife Sanctuaries wherein ESZ has not been finally notified and listed in the Schedule of the EIA Notification 2006 and requiring Environmental clearance. For such activities only, prior clearance was required from the SCNBWC. It was specifically mentioned that the ESZ should be notified (not being draft notification), but in the present case as per the counter filed by the respondent No.5, only the ESZ draft notification was under process and no final notification was issued.

Prior clearance from SCNBWC was also required only in cases which would require environmental clearance. But, as per the proceedings of the DLSC dated 29.06.2021, no environmental clearance was required in this case. Hence, as seen from the office Memorandum dated 08.08.2019 which was subsequently clarified vide letter dated 16.07.2020, no prior clearance from SCNBWC was required, as no final notification of ESZ was issued and activity of de-casting of sand from patta lands of the petitioners abutting the river also would not require environmental clearance.

Hence, the Court was of the view that impugned notices issued by the 5th respondent stopping the decasting of sand from the patta lands of the petitioners was against the proceedings issued by the DLSC. It also noted that DLSC permits the usage of machinery for de-casting of sand from the patta lands of the petitioners. Hence, the usage of machinery itself cannot be the basis for considering it as a commercial mining activity.

In view of the above, the court allowed their petition.