HC allows TSMDC to excavate Manair river sand from 7 villages
Telangana High Court.
HYDERABAD: The vacation court of the Telangana High Court allowed the TS Mineral Development Corporation (TSMDC) to excavate sand from the Manair River falling in seven villages of Karimnagar district for public purposes. It said that the sand excavated from Vavilala, Utnoor, Challur, Mallareddypally, Kondapaka, Korekal and Pothireddypally must not be used for commercial purposes.
The High Court suspended the NGT order dated April 28, which had stayed the Karimnagar district collector from exempting the TSMDC and its contractors in the matter of getting environmental clearance for mining and extracting sand in these villages under the grab of desiltation and dredging of the dam and project area of Manair river.
The southern bench of the National Green Tribunal (NGT) at Chennai had stayed the excavation, based on the complaints that the collector had mentioned that sand excavation for desiltation works was an exempted category
The applicants told the NGT that more than 200 lorries were transporting sand from the river and it was being used for commercial purposes. The NGT then said the TSMDC could continue its operations only if it obtained environmental clearance.
Aggrieved by this, TSMDC moved the High Court. They submitted that the collector had issued proceedings in July 2022, whereas the application challenging the proceedings was filed before the NGT after six months on April 19, 2023. NGT provisions specifically state that it could only adjudicate on applications made within six months.
The corporation stated that the NGT had issued ex parte ad interim orders, without giving it an opportunity.
