M/S. Kohinoor Minerals, v. State Of Andhra Pradesh Department Of Mines And Geology

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.40658 of 2015 ORDER:

The prayer of the petitioner in this writ petition is as under: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the respondents in not issuing Dispatch Permits to the petitioner for removal of the Silica sand excavated by it covered by the order of the National Green Tribunal, Southern Zone, dated 07.09.2015, as illegal, arbitrary, unconstitutional and to issue consequential direction to the 2nd respondent to issue Dispatch Permits to the petitioner for the quantity of the Silica sand already extracted as covered by the order dated 07.09.2015 passed by the National Green Tribunal, Southern Zone, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

In terms of the order dated 07.09.2015 passed by the National Green Tribunal, Southern Zone, in Application Nos.96 and 144 of 2015, the petitioner herein is entitled to remove silica sand already mined to the extent of 12,045 cubic metres from the leased area in Chintavaram Village.

The learned Assistant Government Pleader for Mines and Geology, relying on the written instructions furnished by the Assistant Director of Mines and Geology, Nellore, informed this Court that as per the inspection done by the mining authorities in February, 2015, the quantity of mineral available with the petitioner at that point of time was 12,045.847 cubic metres, which is equivalent to 30,114 metric tons. Out of this mineral, the petitioner was permitted to transport 18,262 metric tons by grant of dispatch permits.

According to the learned Assistant Government Pleader, the petitioner is yet to remove 11,852 metric tons of mineral in terms of the

order dated 07.09.2015 passed by the National Green Tribunal, Southern Zone.

As the learned Assistant Government Pleader fairly concedes that the order passed by the National Green Tribunal, Southern Zone, is binding, the writ petition is disposed of directing the Assistant Director of Mines and Geology, Nellore, the second respondent, to issue dispatch permits to the petitioner to enable it to undertake removal of the balance mineral covered by the order dated 07.09.2015 passed by the National Green Tribunal, Southern Zone. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 22nd December, 2015 IBL