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

The Telangana High Court recently set aside notices served to pattadars by government authorities, asking them to stop de-casting of lands on the alleged ground that the subject lands were falling in Eco Sensitive Zone (ESZ).Referring to the Guidelines issued for declaration of Eco Sensitive Zones, Justice G. Radha Rani observed:"Commercial mining is 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. Hence, de-casting of sand in the patta lands cannot be considered as a commercial mining activity, but an activity to make use of the land fit for agriculture by the local communities. As such, it is a permitted activity to be conducted within Eco Sensitive Zone as per the guidelines issued by the Government of India for declaration of Eco Sensitive Zone around the National Parks and Wild Life Sanctuaries."The Respondent had contended that using heavy machines and transporting it by Trucks on commercial basis is considered as a mining activity. However, the Court observed that District Level Sand Committee (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.Accordingly, it ordered that the action of Forests Department in issuing impugned notices for stopping the de-casting of sand from the patta lands of the petitioners was without power or authority and violative of Article 21 of the Constitution of India.The Petitioners were owners and possessors of marginal extent of patta lands in Eturunagaram village near Jampanna Vagu river coast. They claimed that due to flash floods in the rainy season, the said lands were casted with sand and the thickness of the sand deposited was about three meters in the area. 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...

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

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