Case Note & Summary
The matter involved a writ petition filed under Article 226 of the Constitution of India by a partnership firm engaged in silica sand mining, challenging an order of the National Green Tribunal (NGT), South Zone, dated 15.11.2021 in Appeal No.19 of 2020 (SZ). The dispute arose from the grant of Environmental Clearance (EC) to the petitioner by the Ministry of Environment, Forest and Climate Change on 16.04.2020. The mining lease was originally granted in 1975, transferred to the petitioner firm in 1985, and renewed for a reduced area from 03.09.1995 up to 2035. The petitioner applied for EC on 23.11.2013 under EIA Notification 2006. A stop order was issued on 21.04.2014, leading to W.P.No.4490 of 2014, which was disposed of on 06.06.2014 directing the petitioner to submit a representation and the MoEF to consider it. Thereafter, O.A.No.96 of 2015 was filed before NGT by a third party, resulting in directions to decide the EC application. Terms of Reference were issued on 10.08.2015. After public hearing and inspections, MoEF directed the petitioner to apply under violation category, though the petitioner maintained there was no violation. The Expert Appraisal Committee recommended grant of EC subject to a bank guarantee of Rs.63,50,000. EC was ultimately granted on 16.04.2020. The 7th respondent challenged this EC before NGT under Section 16 of the National Green Tribunal Act, 2010, filing Appeal No.19 of 2020 (SZ). The petitioner contested the maintainability of that appeal and defended the EC's validity. The NGT passed an order on 15.11.2021, which led to the present writ petition. The High Court's final decision and reasoning are not available in the provided excerpt.
Headnote
A) Environmental Law - Environmental Clearance - Validity of EC under EIA Notification 2006 - The petitioner applied for Environmental Clearance and obtained it on 16.04.2020 after being directed to apply under violation category; the 7th respondent challenged the EC before NGT under Section 16 of National Green Tribunal Act, 2010; the High Court was to examine maintainability of the appeal and validity of EC (Paras 2-8).
B) Constitutional Law - Writ Jurisdiction - Article 226 Constitution of India - Challenge to NGT order - The petitioner filed writ petition under Article 226 of Constitution of India challenging NGT order dated 15.11.2021; the maintainability of such writ petition is a legal issue (Para 2).
Issue of Consideration
Whether the National Green Tribunal order dated 15.11.2021 in Appeal No.19 of 2020 (SZ) was sustainable? Whether the Environmental Clearance granted on 16.04.2020 was valid?
Final Decision
Not mentioned in the provided excerpt
Law Points
- Environmental Clearance required for mining projects under EIA Notification 2006
- NGT appeal under Section 16 of National Green Tribunal Act
- 2010
- Writ petition under Article 226 of Constitution of India
- Natural justice in environmental clearance proceedings
Case Details
2026 LawText (AP) (01) 21
Ravi Nath Tilhari, Maheswara Rao Kuncheam
Sri P. Veera Reddy, Sri B. Sarma, Sri G. Sai Narayana Rao, Ms. Anusha, Sri Ganta Rama Rao, Sri Kambampati Ramesh Babu
M/s. Sri Kumaraswamy Silica Mines, Momidi Village, Chillakur Mandal, SPSR Nellore District
The Government of India, represented by its Director, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jorbagh Road, Aliganj, New Delhi and others (including B. Madan Kumar Reddy as 7th respondent)
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging an order of the National Green Tribunal, South Zone, dated 15.11.2021 in Appeal No.19 of 2020 (SZ) concerning Environmental Clearance for silica sand mining.
Remedy Sought
Petitioner sought to quash the NGT order dated 15.11.2021 and uphold the Environmental Clearance granted on 16.04.2020.
Filing Reason
The NGT passed an order in an appeal filed by the 7th respondent against the grant of Environmental Clearance, which adversely affected the petitioner's mining operations.
Previous Decisions
W.P.No.4490 of 2014 disposed of on 06.06.2014; NGT O.A.No.96 of 2015 final order dated 07.09.2015; NGT O.A.No.187 of 2017 disposed of directing MoEF to pass orders; W.P.(PIL) No.22 of 2017; EC granted on 16.04.2020; NGT Appeal No.19 of 2020 (SZ) decided on 15.11.2021.
Issues
Whether the appeal before the National Green Tribunal under Section 16 of the National Green Tribunal Act, 2010 was maintainable?
Whether the Environmental Clearance granted on 16.04.2020 was valid?
Submissions/Arguments
The petitioner argued that the appeal before NGT was not maintainable.
The petitioner contended that all requirements were satisfied before the grant of EC.
The petitioner maintained that mining had been operational since before the EIA notification of 1994, and thus initially no EC was required.
The petitioner asserted there was no violation of the EIA notification.
Ratio Decidendi
Not mentioned in the provided excerpt
Judgment Excerpts
The petitioner firm is a partnership firm carrying on business of Silica sand mining.
The petitioner applied for E.C on 23.11.2013 to the 1 st respondent as per EIA Notification 2006.
The grant of EC dated 16.04.2020 was challenged by the present 7 th respondent by filing appeal before the NGT under Section 16 of the N.G.T.Act.
Procedural History
Mining lease originally granted on 24.05.1975 for Ac.512.01 cents; executed on 04.09.1975 for 20 years. Transferred to petitioner firm on 01.07.1985. Lease expired on 03.09.1995 and renewed for 20 years from 03.09.1995 for 338.39 acres. Petitioner applied for EC on 23.11.2013. MoEF directed stop of mining on 21.04.2014. Petitioner filed W.P.No.4490 of 2014, disposed of on 06.06.2014. Petitioner submitted representation on 03.07.2014. Mallikarjuna Reddy filed O.A.No.96 of 2015 before NGT; NGT interim order 08.07.2015; ToR issued 10.08.2015; NGT final order 07.09.2015. Public hearing on 29.04.2016; joint inspections in 2016-2017. Lease renewed on 03.02.2017 up to 2035. 7th respondent filed W.P.(PIL) No.22 of 2017. Petitioner filed O.A.No.187 of 2017; NGT directed MoEF to pass orders. MoEF letter dated 05.04.2018 required petitioner to apply under violation category. EAC recommended EC in April 2019 with bank guarantee condition. EC granted on 16.04.2020. 7th respondent filed Appeal No.19 of 2020 (SZ) before NGT under Section 16 of NGT Act. NGT passed order on 15.11.2021. Present writ petition filed thereafter.
Acts & Sections
- National Green Tribunal Act, 2010: Section 16
- Constitution of India: Article 226
