~“ 7K IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH: W.ANo. 425” of 2016 Against W.P.M.P.No.14307 of 2016 In W.P.No.11347 of 2016 R IG INDEX SLNo. Description Date of Page No. Document qa @) GB) 4 1. | Writ Appeal 2. | Orders, dated 29.04.2016 in WP. No. 11347 of 2016 3. | W.P No. 11347 of 2016 filed by M/s ‘Trimex Sands Pvt Ltd along with material papers 4, | Counter filed by the Government in WP. No. 11347 of 2016 along with material papers 5. | Additional Affidavit filed by M/s Trimex Sands Pvt Ltd along with material papers Hyderabad Dated: Govt. Pleader for Ind, & Comm.MEMORANDUM OF WRIT APPEAL IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH W.ANo. 425 0f 2016 Against W.P.M.P.No.14307 of 2016 In W.P.No.11347 of 2016 Between: 1. The State of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce Department, Secretariat Buildings, Hyderabad. & 3 Others PETITIONERS/APPELLANTS AND 1. M/s Trimex Sands Private Limited, having its registered Office at Trimex Towers, No.1, Subbaraya Avenue, C.P. Ramaswamy Road, Alwarpet, Tamilnadu, And Corporate Office at Saikrupa Apartments, Flat No.401, Plot No.110, Fourth Floor, Kavuri Hills, Guttala Begumpet Village Serilingampally Mandal, Ranga Reddy District, Rep.by MrSasidhar Uppalapati, S/o Mr. Venkateswara Rao, R/o Hyderabad. & Others -Respondents/Respondents AKFIDAVIT I, M. Girija Shankar, S/o. M. A. Satyanarayana Murthy, Aged about 52 years, Occupation: Working as Secretary to Government (Mines &FP) (FAC), State of Andhra Pradesh, Hyderabad do hereby solemnly affirm and sincerely state on oath as follows: I submit that I am the 1" Petitioner herein and 1* Appellant in the Writ Appeal and as such I am well acquainted with the facts of the case. T submit that the present Writ Appeal is preferred aggrieved by the order of the learned single judge dt 29-4-2016 granting interim suspension of the impugned proceedings in the pws Pons {\ ATTESTOR....... be IT ecretaly to Goverment Mines & Geology and Food Po Ind Comm, Dept! AP. Secretariat, Hyderabad - 500 022» Writ Petition in effect allowing the 1" Respondent to conduct mining operations in utter breach of the conditions of lease contrary to the spirit and ambit of Rule 27 (5) of the Mineral Concession Rules, 1960, constraining the Appellants herein to prefer the present Writ Appeal. The brief factual matrix of the case for the kind consideration of this Hon'ble Court is as follows: The Petitioner, Trimex Sands Private Limited, challenged the impugned proceedings vide Memo No.3525/M.III(2)/2016-2 dt 29-3-2016 issued by the 1* Appellant herein suspending the mining operations of the Petitioner invoking power under Rule 27 (5) of the Mineral Concession Rules, 1960 as being arbitrary, illegal and unconstitutional with a consequential interim prayer seeking suspension of the same on untenable grounds and incorrect interpretation of law. The Appellants/Respondents in the Writ Petition filed a detailed counter contesting the same and also brought to the notice of the court about the vigilance report that prompted the issuance of the impugned proceedings resulting in a substantial loss to the State exchequer to a tune of Rs.1295.63 Crores. Despite the same the learned single judge granted interim suspension of the impugned proceedings on erroneous interpretation of facts and misconstruing of Rule 27 (5) of the Mineral Concession Rules 1960, the consequence of which is resulting in the 1* Respondent / Writ Petitioner continuing with the mining operations irrespective of the breaches of conditions of lease. I pray this Hon’ble Court to read the Memorandum of Grounds of Appeal as part and parcel of this affidavit. I submit that the learned single judge granted interim suspension of the impugned proceedings on the premise that there was no show cause notice preceding the Pus fosueh Seeretly}o Covernment ATTESTOR = 19 Wate Gas pb nie wepou(FAC) ment AB. Secretarial, Hyderabad - 500 022impugned order directing the 1* Respondent/Writ Petitioner to stop mining operations having agreed that the power of suspension of lease is implied in the authority invoking Rule 27 (5) of Mineral Concession Rules, 1960 dealing with the determination of lease. The order interim suspension of the impugned Memo is facilitating the 1" Respondent/Writ Petitioner to carry on the mining activity without rectifying the breaches of conditions of lease and unless this Hon’ble Court stays the operation of the order of interim suspension granted by the learned single judge, the interest of the State would suffer further. Hence for all the above stated reasons it is humbly prayed that this Hon’ble Court may be pleased to stay the operation the order of interim suspension granted by the learned single judge vide W.P.M.P.No.14307 by 2016 in W.P.No.11347 of 2016 dated 29-04-2016 pending disposal of the above Writ Appeal and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Solemnly and sincerely affirm DERO@MINToverinent Nines & Guly ad Foo! Pracessn( FA) this the 30" day of May, 2016 ind.& Comm. Deparinent, AP. Secretarial, Hyderabad - 500 022. and signed his name in my presence.YVERIFICATIO} I, M. Girija Shankar, S/o. M.A Satyanarayana Murthy, Aged about 52 years, Occupation: Working as Secretary to Government (Mines &FP) (FAC), State of Andhra Pradesh, Hyderabad do hereby solemnly affirm and sincerely declare that the contents in above paras are true and correct to the best of my knowledge and the information available on the records. Hence verified on this the 30th day of May, 2016. ae ee Mines & Ge mane Processng(FAC) Govt. Pleader for Inds.& Comm. Lara AP. Secretariat, Hyderabad - io 022.HIGH COURT OF JUDICATURE AT HYDERABAD - FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY NINTH DAY OF APRIL, TWO THOUSAND AND SIXTEEN PRESENT: THE HONOURABLE SRI JUSTICE SANJA’ W.P.M.P.No, {a0 of 2016 i W.P.No. 11347 of 2016 Between:- Trime§ai Sancis Private Limited, having its registered Office at Trimex Towers No.1, Subbaraya Avenue, C,P, Ramaswamy Road, Alwarpet, ‘Chennai, Tamilnadu, And Corporate Office at Saikrupa Apartments, Fiat No. 401, Plot NO. 140, Fourth Fleor, Kavuri Hills, Guttala Begumpet Village, Sertingmapally Mandal, Ranga Reddy District, Rep by Mr. SasitharUppalapati S/o, Mr. Venkateswara Rao, R/o. Hyderabad, ..-Petitioner (Petitioner in W.P.No. 11347 of 2016 ‘on the file of High Court) AND 1.The State of Andhra Pradesh, Rep by its Secretary, industries and Commerce Department, Secretariat Buildings, Hyderabad, 2.The Director of Mines and Geology, Hyderabad, 8” & 9" Floors, BRKR Bhavan, Saifabad, Hyderabad -500 063, 3.The Deputy Director of Mines and Geclogy, D.No. 1-83-10/1, 4* Floor, HIG, Plat NO. 88, MVP Colony Sector-1, Double Road, Visakhapatiam17, Andhra Pradesh, 4.The Assistant Director of Mines and Geology, 0.No, 1-4/6-3/2, . Shanthinagr Colony, Near Govt, Degree College, Srikakulam, Andhra Pradesh. > 5.The Union of india, rep.’by its Principal Secretary, Ministry of Mines, Shastri Bhawan, Or. Rajoncrs Prasad Road, New Delhi 110 001. 5.The Controller General, indian Bureau of Mines, 2" Fioor, Indira Bhawan Civil Lines, Nagpur -440 001, 7.The Regional Controller of Mines, Indian Bureau of Mines, Kavediguda, Secunderabad, -»Respondents, (Respondents in-do-) ‘Counsel for the Petitioner : SRIAVINASH DESAI Counsel for the respondent Nos. ¢ to 4, 6 & 7: THE G.P, FOR MINES & GEOLOGY(AP) Counsel for the Respondent No.6: SRI 8, NARAYANA REDDY: ASSISTANT SOLICITOR GENERAL OF INDIA. Petition under Section 15% of C.P.C. praying that In the Circumstances steted in the affidavit fled in the W.P., the High Court may be pleased to suspend the operation of the impugned proceedings issued by the 1" respondent vide Memo No, 3525/M.IK2)2016-2, dated 26.03.2016 pending disposal of WP. No. 11347 of 2016 on the file of tne High Court, The court while directing issue of notice to the Respondents Herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of fotice in the case), Contd.2.... ©gipetitioner seeks suspension of the impugned Memo 03.2016. “Though a counter-affidavit has been filed on the merits of the matter and the learned Additional Advocate General would also seek to advance arguments on the same lines, this Court is inclined to pass an order at this stage only on the point of jurisdiction, Sri D.Prakash Reddy, learned Senior Counsel appearing for Sri Avinash Desai, learned counsel for the petitioner, would point out that the minerals in question, being beach sand minerals, are major minerals and that the authority competent under Rule 13 of the Mineral Conservation and Development Rules, 1988 (for brevity, ‘the Rules of 1988’) to suspend the mining operations is not the State Government. Rule 13 of the Rules of 1988 reads as under: ‘Mining operations to be in accordance with mining plans.—(1) Every holder of a mining lease shall carry out mining operations in accordance with the approved mining plan with such conditions as may have been preseribed under sub-rule (2) ofrule 9 or with such modifications, ifany, as permitted under rule 10 or the mining plan or scheme approved under rule 11 or 12, as the case may be. (2) Ifthe mining operations are not carried out in accordance with the mining plan as referred to under sub- rule (1), the Regional Controller or the authorised officer may order suspension of all or any of the mining operations and permit continuance of only such operations as may be necessary to restore the conditions in the mine as envisaged under the said mining plan’ ‘Regional Controller’ is defined under Rule 3(r) of the Rules of 1988, while Rule 8(c) defines ‘authorised officer’. It is also clear from the material filed along with the counter that the State Government itself understood that it had no jurisdiction in the matter as is evident from the letter dated 07.04.2016 addressed by the Secretary to Government, Industries and Commerce (Mines) Department, Government of Andhra Pradesh, to the Regional Controller of Mines, Indian Bureau of Minos, Secunderabad, requesting him to take immediate action in relation to the petitioner’s mining lease, ‘That being so, the learned Additional Advocate General was asked to explain as to what was the source of power for the Secretary to the Government, Industries and Commerce Department, to resort to suspension of the mining operations under the impugned Memo dated 29.03.2016. Contd..3 tyLearned Additional Advocate General wa ald contend under Entry-54 of List-I in Schedule ViI to tfth the Central Government is given power to legi¥ to mines, but under Entry-23 of List-II in the the Constitution, the State Government is given the tesiduary power. Having stated so, the learned Additional Advocate General does not rely upon any State law to draw sustenance for the power of the State Government exercised under the impugned Memo dated 29.03.2016. On the other hand, the learned Additional Advocate General would rely upon Rnie 27(5) of the Mineral Concession Rules, 1960 (for brevity, ‘the Rules of 1960"), which reads as under: ‘If the lessee makes any default in the payment of royalty as required under section 9 or payment of dead rent as required under section 9-A or commits a breach of any of the conditions specified in sub-rules (1), (2) and (3), except the condition referred to in clause (f) of sub-rule (1), the State Government shall give nutice to the lessee requiring him to pay the royalty or dead rent or remedy the breach, as the case tay be, within sixty days from the date of the receipt of the notice and if the royalty or dead rent is not gaid or the breach is not remedied within the said period, the State Government may, without prejudice to any other proceedings that may be taken against him, determine the lease and forfeit the whole or part of the security deposit,’ Having read the aforestated provision in open Court, the learned Additional Advocate General is however unable to explain as to whether any notice was ever issued to the petitioner to make good any breach of the conditions of the lease within 60 days as stipulated thereunder. On the other hand, the learned Additional Advocate General would state that a show-cause notice has been issued on 29.03.2016 for determining the lease; that the same has not been subjected to challenge before this Court and it is therefore not open to the petitioner to assail the suspension pending the exercise initiated to determine the lease, It is no doubt true thai the power of determination may impliedly contain within itself the power of suspension but, to justify such suspension, the authority must have initiated the exercise to determine the lease validly. In the present case, without first issuing a notice calling upon the petitioner to remedy any breach of the condition of the lease within sixty days as required under Rule 27(5) of the Rules of 1960, it is not open to the State to jump to the next stage aad propose determination of the lease itself and thereby claim the implied power of suspending the mining operations. It appears that the State, having addressed ietter dated 07.04.2016 to the Regional Controller of Mines, Indian Bureau of Mines, Secunderabad, resorted to this exercise without having any power sourced in law. Contd...4..$d/- N.PURUSHOTHAM REDDY ASSISTANT REGISTRAR WTRUE COPY, = for ASSISTANT REGISTRAR Te 1.The Secretary, Indusiries and Commerce Department, Stato of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2.7he Director of Mines and Geology, Hyderabad, 8° & O" Floors, BRKR Bhavan, Saifabad, Hyderabad -509 063 3.The Deputy Director cf Mines and Geology, D.No, 1-83-10/1, 1" Floor, HIG, Piot NO. 98, MVP Colony Sector-1, Double Read, Visakhapatnam-17, Andpra Pradesh. 4,The Assistant Director of Mines and Geology, D.No. 1-4/6-3/2, ‘Shanthinagr Colony, Near Govt. Degree College, Srixekulam, Andhra Pradesh. 5.The Principal Secretary, Ministry of Mines, Union of India, ‘Shastr! Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001 €.Tha Controller General, indian Bureau of Mines, 2° Floor, Indie Bhawan Civil Lines, Nagpur «440 001 7.The Regloral Controller of Mines, Indian Bureau of ttines, Kavadigude, Secunderabad (Addressee Nos. 1to7 by RPAD) 8.Two COs to the Additional Advooale General(AP), High Court st Hyd(OUT} 2:Two CCS to the G.P. for Mines & Geology(AP}, High Court at Hyd(OUT) 10.One CC ts Avinash Desal, Advocate{OPUC) 44.One spare copy. . fed Me ITENDENT s SUPER Doperment ; High can of dudicatiire Lae! he Henne ints ot Telangan aut Igrata of Andra PatnaCd MES wd aur ile HIGHCOURT A 2 (A Py) £-00 g 0s" SK DT.29-04-2016, yy W.P.M.P.No, 14307 of 2018 GD Section IN W.P.Ne. 141347 of 2016 INTERIM SUSPENSION3 Memorandum of Writ Petition (Under Article 226 of Constitution of India) IN THE HIGH COURT OF JUDICATURE AT: HYDERABAD For the State of Telangana and the State of Andhra Pradesh (Special Original Jurisdiction) wpno, | OF 2016 Between: ' aemex Sands Private Limited, having its registered Office at ‘Trimex Towers No.1, Subbaraya Avenue, CP. Ramaswamy Road, ‘Alwarpet, Chennai, Tamil Nadu, ‘And Corporate Office at Saikrupa Apartments, Fist No. 401, Plot No. 110 fourth floor, Kavurl Hills, GuttalaBegumpet Village, Seriingampally Mandal, Ranga Reddy District, Rep. by Mr. SasidharUppalapati, . sSJo.Mr. Venkateswara Rao, Ro. Hyderabad. se PETITIONER AND . : 1. The State of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, | Secretariat Buildings, Hyderabad. 2. The Director of Mines and Geology, Hyderabad pth & 9th Floors, BRKR. Bhavan,Saifabad, Hyderabad - 500063. . 3. The Deputy Director of Mines and Geology, D.No, 1-83-10/1, 1St Floor, HIG, Plot No. 98, MVP Colony, Sector-1, Double Road, | Vishakapatnam ~ 17. ‘Andhra Pradesh 4, The Assistant Director of Mines and Geology, DiNo. 1-4/6-3/2, Shanthinagar Colony, | Near Govt. Degree College, Srikakulam, ‘Andhra Pradesh. ' 5, The Union of Incia, rep by its Principal Secretory, Ministry of Mines, ShastriBhawan, Dr.Rajendra Prasad Road, New Delhi ~ 110 001 : 2 “The Controller General, Indian Bureau of Mines, 2nd Floor, Indira Bhawan, Civil Lines, Nagpur 440 001 7, The Regional Controller of Mines, Trdlan Bureau of Mines, Kavadiguda, Secunderabad. 1 .uRESPONDENTS:4 The address for service of all notices and summons of process to the above named petitioner is, that of his Counsel M/s. AVINASH DESAI (12416), Advocate, #301, South Block, Six Seventy Five Apartments, Road No. 13, Banjara Hills, Hyderabad. . : For the reasons stated In the accompanying affidavit, It is, therefore, prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction, one more particulary in the nature of Wit of Mandamus, declaring the impugned proceedings Vide Memo No.3525/M.IU(2)/2016-2, dated 29.03.2016, issued by the 1* respondent Suspending the mining operations in the mining lease granted to the petitioner vide GOMs.No31, T & C Department, dated’ 06.02.2004 as arbitrary, lea, unconstitutional and in violation ofthe principles of natural justice and consequently set aside the same with a dlrection to not to interfere with the legitimate business operations of the petitioner company without following the due procedure of law and pass such other order or orders as this Hon'ble Court May deem fit and proper in the circumstances of the case. Hyderabad coun. forthe pettioner 04-04-2016SRS LABOUR = \ DISTRICT: @ypgRea> HIGH COURT AT HYDERABAD For the state of Telangana And the State of Andhra Pradesh WPNO. - OF 2016 ‘WRIT PI Filed by AVINASH DESAI (12416) Advocate Counsel for the Petitioner6 IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE or . ‘TELANAGANA AND STATE OF ANDHRA PRADESH: (Original Jurisdiction)’ WP.No. 1 of 2016 BETWEEN: ' ‘Trimex Sands Private Limited, having its registered Office at Trimex Towers No.1, Subberaya Avenue, C.P, Ramaswamy Road, Alwarpet, Cheunai, Tamil Nadu, . ‘And Corporate Office at Saikrupa Apartments, Flat No. 401, Plot No. 110 fourth floor, Kavori Hills, Guttala Begumpet Village, ' Serilingampally Mandal, Ranga Reddy District, Rep. by Mr, Sasidhar Uppalapati, S/o. Mr. Venkateswara Rao, R/o. Hyderabad. «» PETITIONER, AND 11. The State of Andhra Pradesh, rep. by its Secretery, Industries and Commerce Department, Secretariat Buildings, Hyderabad. 2. The Director of Mines and Geology, Hyderabad 8th & 9th Floors, BRKR. Bhavan, Saifabad, Hyderabad - 500063. ‘ 3. The Deputy Director of Mines and Geology, ° D.No. 1-83-10/l, 18t Floor, HIG, Plot No. 98, MVP Colony, Sector-1, Double Road, 1 ‘Visbakapatnam ~ 17. Andhra Pradesh 4, The Assistant Director of Mines and Geology, DiNo. 1-4/6-3/2, Shanthinagar Colony, ‘Near Govt. Degree College, Srikaiculam, ‘Andhra Pradesh. . 5, The Union of India, rep by its Principal Secretary, Minsitry of Mines, Shastri Bhawan, Dr. Rajendra Prasad Rozd, New Delhi- 110 001 6. The Controller General, Indian Bureau of Mines, 2nd Floor, Indica Bhawan, Civil Lines, Nagpur — 440 001 7. The Regional Controller of Mines, . indian Bureau of Mines, Kavadiguda, Secunderabad. ..- RESPONDENTS For Trimex Sands (P) Ltd. Wis ' ‘Authorised SignatoryA : AEFDAVIT “1, Mr. Sasidhar Uppalapati, S/o, Mr. Ventateswara Rao, aged 55 years working for gain at ‘Trimex Sands Private Limited, Saikrupa Apartments, Flat No. 401, Plot No. 110 Fourth floor, Kavuri Hills, Gutiala Begumpet Village, Serilingampally Mandal, Ranga Reddy District do hereby solemnly affirm and sincerely state on oath as follows: 1. Tam the authorized representative of the petitioner company and as such I am well ‘acquainted and fully conversant with the facts of the case, 2. The instant writ petition is being filed by the petitioner company challenging the Proceedings issued by the Secretary to Government (Mines and FP) (FAC), Industries and Commaeree (MCI) Depastnent, Government of Andbra Pradesh, Hyderabad (1 respondent) vide Memo No.3525/M.IN(2/2016-2, dated 29.03.2016, thereby suspending ‘the mining operations in the mining lease granied tothe petitioner vide G.O.MsNo.31, 1 C Department, dated 06.02.2004 as arbitrary, illegal, unconstitutional and in gross violation . of the principles of natural justice, A copy of the impugned proceedings dated 29.03.2016 is filed herewith as Annexure - PL. The brief facts leading to the instant writ petition ave as follows: 3. Iris respecthully submitted thatthe petitioner has been granted aaining lease by the Govemment of Andhra Pradesh with the prior approval of the Cental Government vide G.0.MsNo.31, 1 & C Department, dated 06.02.2004 under the provisions of the Mines & Minerals Development & Regulation) Act 1957 and Rules framed thereunder, for extracting beach sand minerals (inchiding imenite, game, zircon, rutile, sillimanite et.) over an extent of 7.20 square kilo meters in different survey numbers in Vatsavalasa and ‘Thonangi Villages, Gara Mandal, Srikakulam District. A copy of the G.O.Ms.No.31, 1 & . C Department, dated 06.02.2004, is filed herewith as Annexure - P2, / For Trimex Sands (P) Lia, : ae : VW adionsta sign Signatory8 «4, This respectfully submitted that the mining lease vide G.0.MsINo.31, I & C Department, . dated 06.02.2004, was initially grented to the Holding company of the petitioner i.e. : ‘Prime Industries Limited. Theveafer, in the year 2007, the said mining lease was transfesed to the petitioner company on its earlier name i.e, Bast West Mineral Sands ‘ Private Limited vide G.O.Ms.No.10, I & C Department, dated 17.01.2007, The petitioner company subsequently changed its name from East West Mineral Sands Private Limited ~ to the present name i.e, Trimex, Sands. Private Limited on 11.04.2007, after duly following, the procedure prescribed in the Companies Act, 1956. A copy ‘of the G.O.MsNo.10,£& C ‘Department, dated 17.01, 2007 and the Certificate issued by the Registrar of ‘Companies * consequent upon the change of name of the petitioner company are being filed herewith Amexures - P3 and P4 respectively. 5, is subonited thatthe extraction ofthe minerals from the beach sand requires high sk, ‘utmost diligence and commitment, The ‘minerals extracted by the petitioner are used for production of paints, paper, ceramics, ‘fltation media, abrasive insulation, cosmetics, Teather, glass etficial gems, joints et, It is further submited thatthe diversified wsagss ofthe minerals show that the petitioner earies the business of national importance. Further, the business ofthe petitioner is requised to employ sophisticated technology and incur huge javestment for its day to day mining activities. 6 Tes respetflly submitted thatthe petitioner obtained all clearances required for the purpose of mining fom Iadian Bureau of Mines (IBM), Atomic Minerals Diestorsie for Exploration and Research, Department of Atomic Enotgy (AMD), Ministry of Environment, Forest and Climate Change (MoEF), New Delhi for Bavironmest and Ccousal Regulation Zone clearances, Atomic Energy Regulatory Board (ARB), Govt of, Indie, Revenue, Pollution Control Board, Local Panchayats, Water Resourses (Reforms) Department, Govt. of AP etc, and commenced its commercial operations from the year 2009-2010 onwards. It is further submitted that the mining fease granted by the : Government has been executed and registered as per the procedures of Mining Laws Farther, the petitioner has been catrying on the mining operations by paying proper lease . a, For Trimex Sends (p) Ltd. @ ' Authorised Signatoryq A . Ye rents, taxes and Reyalties tothe State and Central Governments, A copy of the approval from IBM, Atomic Minerals Directorate for Exploration and Research, MoEF, AERB, Andhra Pradesh Pollution Control Board are filed herewith as Annexures- PS (Colly). . Teisrespectflly submited that during the couse of ts mining operations, few people with ‘ested interests and with no locus-stendi filed vomplaints with the State Government and the Central Government on several occasions and the Governments through their agencies viz, IBM and DMG conducted detailed enquiry over all the issues. The said Government agencies visited and inspected the mining site of the petitioner company and submitted their reports after responding to each and every query raised by the complainants, The reports submitted by those Government agencies categorically stated that there are no, violations of conditions of the mining lease as alleged by the complainants. Copies of the reports issued by the IBM and DMG are being filed herewith as Annexnres —P6 and P7 respectively. Howover, the sald Govt, agencies also requested Government to obtain a: - report from the District Collector directly, In this connection, District Collector have. submitted a detailed report on these issues to the State Government and is being filed herewith as Annexure P8, Ibis respectfully submitted that prima facie the 1* respondent does not have any jurisdiction or locus standi to issue the émpugned proceedings suspending the mining operations under Rule 13 of the Mineral Conservation’ and Development Rules, 1988. It is respectfully submitted that the subjeet és under the overall control of the Central Government except for minor minerals, which is under the control of the State Goverment, and Major” Minerals with respect to which the powers have been delegated by the Central Government 1 the State Government to the extent of approval of Mining Plan. The patitioner company’ as been given a Mining Lease mi also the lesnee fo oprate mines forthe puspose of extracting ilmenite, gamet, zircon, rutile, sillimanite all of wihich are Major Minerals and ‘ining plen approval end its implementation are not under the control of the State’ Government, Even the Mining Plan with respect to the extraction of these minerals has” ‘been granted by the Government of India, Ministry of Mines, through the Indian Bureau of For ‘Trimex ee yes : ‘Authorised Signatory{O Mines and AMD and therefore the State Government or its officials eannot suspend the mining operations under the mining plan which was ‘approved by the Central Government, . ‘The original grant of the Mining lease is itself with the prior approval of the Central : Goverment, . it is further submitted Ghat the said Rule 13 empowers the Regional Controller or ‘Authorised Officer to suspend the mining opetations fits found tht operations are rot! ‘being conducted in accordance with the approved mining plan, As defined under’ Rule 3¢0) | of the Mineral Conservation and Development Rules, 1988, the word “Authorised Officer means ‘any officer of the Indian Bureau of Mines, duly ‘authorised in writing by the Controller General, Indian Bureau ‘of Mines or an officer ‘authorized in this behalf by the t State Government to perform the functions under these Rules’, and under Rule 31) “Regional Controller” means “the Regional Controller of Mines of the Indian Bureau of ‘Mines’. The 1* respondent is neithet a Regional Controller nor an appropriate authorized officer under Rule 13 to suspend the mining operations of the petitioner company fora reason being that the authorized officer under Rulé 13 is necessarily be an’ officer of Indian ‘Bureau of Mines duly authorized in writing by its Controiler General to suspend the mining ‘operations found in violation of mining plan/scheme approved by the Indian Bureau of | ‘Mines under Rule 9. ‘Therefore, the State Government oF 15 authorized officer cannot derive its authority under Rule 13 read with Rl torent the mining operations ofthe" petitioner company and its powers are restricted only towards the mining plans approve: by the State Government or its authorized officer as the case may be. Therefore, the! question ofthe offcias of the State Government suspending the mining operations of the petitioner company does aot arise and those impusned proceedings iseued purportedly undet Rule 13 ofthe 1988 Rules is without any athority of law asthe Setuory authorities | and the officials ofthe State must act only in accordance with law and net otherwise end hence the impugned Memo dated £99,03.2016 is lable to be sot aside, a being issued in contravention of and without any authbrity of law. . For Timex Sands () Ltd. ' ‘VW KitmertSed SionatoryI * 10. is submited that Rule 22-A of the Mineral Concession Rules, 1960 deals with mining operations to be undertaken in accordance with the mining plau, The Mineral Concession Rules, 1960 specifically do not provide for suspension of the mining operations on the sound of deviation from the mining plan, At any rate, the impugned Memo dated 29.03.2016 does not specify what was the basis on which the 1* respondent has come to the conclusion that there hes been a violation of the rules or conditions, which are relevant for the purpose of Rule 22-A of Mineral Concession Rules, 1960 or Rule 13 of the Mineral Conservation and Development Rules, 1988. + 11, Even assuming but not admitting that the 1% respondent has the anthotity to issue the impugned proceedings, the same sill stand invalid and liable to be set aside on the ground of gross violation of prinejples of natural justice. It i submitted that a show cause notice dated 27.11.2015 was issued by the respondent No.3 seeking reply from the petitioner ‘company to certain allegations like conducting mining operations over disputed area between Pattadars & Forest Department and carrying out mining operations in part of the | area (9.4B hevatres) blocked for the year 2016-2017 (total aten 74.10 hectares). It is * submitted thatthe issue of disputed area has already been considered in detail by the said Government agencies and observed that till date no order was given by the Hon'ble High : Court stopping the petitioner company Som doing mining operations. Also, this Hon'ble High Court in WPMP No, 37842 of 2012 in WP, No, 29640 of 2012 dated 21.09.2012 , dicected the Forest Department not to interfere with the mining activities of the petitioner company in all survey numbers which are covered by 0.0.Ms.No.31, 1 & C Departinent, » Gated 06.02.2004, Further, with respect to the allegation of carrying out mining operations ° blocked for the year 2016-2017, it is submitted that due to some local issues connected & ‘with local villagers beyond our control, we heve not been working inthe aren defined for ‘ 2015-2016 and to the same extent working in 2016-2017 allocated area. Further, on the |<, éirection ofthe Regional Controller of Mines, we RAVeaIsomUbmitted ‘updated surface plan showing the latest position of wockings with all surface features on 19.12.2015, Likewise, ‘the petitioner company replied comprehensively to the said notice on 14.12.2015 and answered every query raised therein, Further, it is pertinent to submit thet the Petitions For Trimex neon le ‘Authorised Sjanatoryye 2. 13. [we company specifically requested in the said reply to grant an opportunity of being heard, ‘before taking any adverse action. Thereafter, no action has been taken by the respondent [No against the petitioner company. A copy of the notice dated 27.11.2015, the eply of, the petitioner company dated 14.12.2015, the seid letter dated 19.12.2015 and the ssid order of this Hon'ble Court dated 21.09.2012 eve filed herewith as Annexure ~ P9, P10, PLL and Pi2 respeatively. However, to the utter shock and surprise of the petitioner company, the 1" respondent issued the impugned proceedings perfunctorily and without application of his own mind, vide Memo No.3525/M.111(2)/2016-2, dated 29.03.2016 which was received by the petitioner company on 04.04.2016 and suspended the mining operations in the mining. ease granted to the petitioner company, without issuing any opportunity of being heard, Its gathered from the impugned proceedings that the 1* respondent acted in such arbitrary: ‘manner in the circumstances reported by the 2 respondent vide File No.29489/R1-1-2012, dated 14.03.2016 and as recommended by the Vigilance and Enforce Department, vide Vigilance Report No.17(CINo.888/V&EINR/2014) dated 11.03.2016. It is pertinent to submit thst the said reports of the 2" respondent and the Vigilance Department were not made available to the petitioner company before issuing the impugned proceedings in such arbitrary manner. No opportunity was given to the petitioner company seeking explanation over the allegations contained in those reports, ‘tis further submitted that the impugned proceedings were issued without considering ot oven acknowledging the detailed reply given by the petitioner company on 14.12.2015 and, : ——_ !} the impugned proceedings were also silent as to which condition of the mining loase/mining plan has been violated by the petitioner company and bow it has been, : 1 ‘violated. The impugned proceedings are vague and ambiguous in its entirety and does not conlain-any valid and legel ground to suspend the mining operations. Further, 207 ‘opportunity fas besn granted to the petitioner company in order to defend or, justify the allegations purportedly raised in the reports, which were trken to be the basis for suspending the mining opecations. Itis submitted that the impugned proceedings are liable | For Tree Sands ae ud, wks ‘Authorised oan1h " to be set aside on this ground alone that there is a gross violation of principles of natural “> justice, 14. is respectfully submited that Ube 1" respondent cannot issue the impugned proceeding and suspend the mining operation granted to the petitioner abrupily without issuing any opportunity of being heard, which has been doing the mining operations legelly for several ‘years, It is further submitted that given a chance to the petitioner company to explain or justity the allegations purportedly contained in the reports, which were taken to be the basis to issue the impugned proceedings, the petitioner company would sucoced in establishing, before the respondent authorities that sniniig operations have been conducted legally without violating any condition of the rising lease or miniag plan which would result in sospension. Further, the manner in which the impugned proceedings issued was also in violation of the standard procedure under IBM Manual for Inspection 2014 followed by the officers of IBM while exercising its powers under Rule 13 of the MCDR Rulles, 1988, 15, The very jurisdictional fact itself with respect to the conclusion that there has been certain Violations was not mentioned. Neither does the impugned Memo mention nor specify the . exact allegation of the type of violation committed by the petitioner company. The contentions with respect to the violation of the principles of natural justice, non-mentioning” ofjrisdictional Stes, the impugned Memo dated 29.03.2016 being vague, non-mentioning’ of the alleged violations are being taken without prejudice to the petitioner’s contention in respect of lack of Statutory authority or power under the lew for the 1* respondent to issue the impugned Memo dated 29.03.2016. Even the so-called Vigilance Report, on the basis “of which the impugned Memo dated 29.03.2016 has been issued, has not even been. Provided to the petitioner company prior to the issuance of the suspension order, which* ‘amounts to violation of the principles of natural justice. At any rate, the Vigilance — Department of the State Govemmment cannot determine whether there are any violations or not in respect of any Mining Plan that hes been approved by the Indian Bureau of Mine For Trimex ens Ltd. yi Authorised Signatory i Government of India.16. Moreovée, while suspending the mining operations under the Rule 13, the 1 respondent shall permit the petitioner company fo continue with such operations, which are required : to restore the conditions in the mine as envisaged under the approved mining plan. ‘However, in the present ease the 1" respondent did not even specify or mention as to whic} condition of the mining lease/mining plan has been violated by the petitioner company and, hence, the opportunity of the petitioner company, @S contemplated under Rule 13 of the Mineral Conservation and Development Rules, 1988 to restore the: ‘conditions in the mine as per the origins! mining plan doos not even arse. Therefore, inall respects, the impugned | proceedings is suffering from several infirmities and has to be set aside in limine. 17, However, even if tis assumed that the I# respondent issued the impugned proceedings under Rule 13 considering the allegation mentioned in the show cause notice dated 27.11.2015 regarding carrying out: rmining operations in the area blocked for the year 2016- 2017 over an extent of 9 40 hectares in Vetusavalasa block instead of the aren blocked for the your 2015-2016, the suspension of mining operations w.e. 04.04.2016 (Le. the date on which the petidoner company received tbe impugned proceedings dated 29.03.2016) kes sno meening or purpose since the alleged violation was with regard to the period of 2015- 12016 mining scheme and currently the inning scheme for the year 2016-2017 is running rom 01.04.2016 and the petitioner company is evidently notin violation of the mining scheme for the year 2016-2017, However, every ton excavated and transported is covered, under royalty permit duly issued by the Assistant Direcior of Mines and Geology, wo is, ihe direct supervising authority at the District level, Therefore, the blanket suspension of ining operations for entire 7.2 sq kms of mining lease in various survey numbers cannot be sustained since the letter and spit of the 1988 rulos ars not to suspend the slag operations but to ensure that mining plan/scheme is duly followed st all possible- ciscurostances. A copy of the relevant portion of mining scheme epproved by the TBM for) the year 2016-2017 is filed herewith 2s Annexure ~ P13. | 18. Itis. respectfully submitted that the petitioner company bas invested. about Rs.500 crores to setup the mining and mineral separation projet in Srikakulam and providing emplosment, For Trimex re tte. Oo “U pathorised Signatorya is tothe local people divetly and indirectly to around 2000 people, Further it also paid more than 250 cxores towards royalty and other taxes and spent nearly Rs. 20 crores towards CSR activities so fis. Further, te petitioner company has been giving fee edueation to about 310 students from the local villages in the company ran schoo! Jocated in the project area, supplying drinking water to about 20 villages on a daily basis and also extending free ‘medical treatment to about 1500 people every month in the company ran hospital which is also situated in the project area. Tt is therefore submitted that all the above activities including various other socio-cconomic developmental activities got affected and jeopardised by the present arbitrary and illegal action of the respondents besides shutting down of the legitimate business of the petitioner company. 19, It is further submitted that petitioner company has monetary obligations to clear the loans obtained ftom various banks for an amount of around 200 erores and also have contractual obligations with various contractors for an amount of around 50 crores, It is submitted thet because of the impugned proceedings, the business operations of the petitioner company comes to standstill and thereby restrain them from performing their contractual obligations related to the business in India and overseas which in tum has cumulative effect over many downstream businesses, reputation of the comtry and employees who are deriving. livelibood from the legitimate business of the petitioner. In view of all circumstances explained above, the balance of convenience is also lying in favour of the petitioner company and irreparable injury will be caused if the impugned proceedings are not set aside. 20. Against the above illegal, arbitrary and unconstitutional action of the respondents the Petitioner has no other effective alternative remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India. : 21. The petitioner has not filed any other writ or proceedings before this Hon’ble Court of ‘any other Court or Authority praying for the same relief For Trimex Sands (P) Lia, Le ‘Authorised Signatory 1 1* \s MAIN PRAYER: It is, therefore, prayed that this Hon'ble Court may be pleased to issue a Writ, i order or direction, one more particularly in the nature of Writ of Mandamus, declaring the impugned proceedings vide Memo No,.3525/M.II1(2/2016-2, dated 29.03.2016, issued by the 1%) respondent suspending the mining operations in the mining lease granted to the petitioner ve G.0.MsNo.31,1& C Department, dated 06,02.2004 as arbitrary, illegel, unconstitutional and in, violation of the principles of natural justice and consequently set aside the same with a direction! to not to interfere with the legitimate business operations of the petitioner company without «following the due procedure of Iaw and pass such other order or orders as this Hon'ble Court may} deem fit and proper in the circumstances of the éase. | » INTERIM PRAYER: In the interim, it is prayed that this Hon'ble Court may be pleased ol suspend the operation of the impugned proceedings issued by the 1* respondent vide Memo ‘No.3525/M.1(2)/2016-2, dated 29.03.2016, pending the disposal of the above writ petition and ‘pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances, For Trimex Sands (P) Ltd. yh . “f d Signatory Solemnly affirmed and signed pepeenres Senate" Before me on this 4" day of April, 2016 : of the case. ' Aitested:Hyderabad ‘VERIFICATION STATEMENT. 1, Mr Sasidher Uppalapati, S/o. Mr, Venkateswara Reo, aged 55 years working for gain at Trimex ~ Sands Private Limited, Sailrupa Apartments, FlatNo, 401, PlotNo. 110 Fourth floor, Kevusi His, Guttale Begumpet Village, Serlingampally Mandal, Ranga Reddy District herein do declare that the contents of the affidavit are true and correct to the best of my knowledge, information, belief and understanding and based on legal advice and Y believe them to’be true and corzect. Hence verified on this 4" day of April, 2016 at Hyderabad. For Trimex,Sands (P) Ltd. COUNSEL FOR PETITIONER Wl jay Signatory Place: Hyderabad H Date: 04.04.2016 ‘~ GOVERNMENT OF ANDHRA PRADESH INDUSTRIES AND COMMERCE Ly DEPARTMENT Marne tio. 3525 /M.1i(2)/20382 abeivines & Minerais - Susaefiding the Mining operations in Mining Lease for: Beach: Sarid Mingrals over, ath extent of oOo, kms, indifferent “Sy.Nos in Ni stavaless & Tooneng! Villages, Gara Mandal, Srikakcular) District held by M/s. Bast Wast Mineral Sends PVE Ltc., -Orders issued, HRM BI G.0 Mis. Vac 3, G.0.Ms.No.10, Ind & Come _-Aeine DMG sle No, 29489/R1-1/2012,, Dt 5 From the DG, VBE, B. 2:0., Pibecy. to ‘Government, Vigilance Report No. 37, {GNoi bat AIRIZO1E) BALE oo T0820 ‘reportedsby. RG, Ap, -tydetet raids | c pe gae Bal ce recommenidet| ef St cltad, Government here! ‘ease for Beach Send Minerals.over at) Sie ‘ot 7. Sy.Nos in Vastavalese & Thonand? Viliades, Gara Mandal; “Srikakulam District held by M/s. East West Mineral Sarids’ ve led ie (essde. Has failed to conduct the raining operations in accordance with the conditions imposed in 2” cited, ul ye Rot Mineral Concession Conservation © ered an ‘of Minétal: Conservation& 3: ‘with immediate eiféct and -Unel Fetter orders: very seriously: of Mines: & ‘Geolday,, “AP. Hydarabed, DDMBG, 216, Srikakulam hall take further ecessary action UGHEISA SHANKAR, SETERATENT (EIES OFF) IFRO) 2. _ Any ceviatio? to this order will be viewed. 3, The Director Visakhapatnam end ADM! accordingly. “Yastavelasa Viliage, Gara Mandal, 4 ikekuiam District - 532 404( BY RPAD) Gony the “FheiDikector of Mines & Geology. Hyd - Débuty-Diteetor of Mines & Geology; Visakhapatnam. Fhe Assistent Director of Mines & Geology, Srikakulam. vi Pri, Secy to Government, AP, sesame TIPORWARDED: BY ORDER =” ye Posse.Ig GOVERNMENT OF ANDHRA PRADESH ‘ABSTRACT VINES & MINERALS ~ Mining Lease for Beach Sand (Inducing mente, gamet,zrcon, cute, silmanita, lexcowene etc, ever an extent of 7.20 S9.KMs., In different Sy.NOs., in vilages Vetsavalasa and Tonangi’In Gara Mandal in Srikakulam District in favour of M/S Timex Industries Lid, fora period of 30 years ~ Sanctioned. INDUSTRIES 8& COMMERCE (M111) DEPARTMENT 6.0.Ms.No.31. Dated:06-02-2004, : Road the following:~ 2, Memo.Na.43450/M.11K1}/02-3, D625.6.2003, 2. From the DIAG, F.Nio,11431/RI-3/02, D6.27.20.2002, ORDER! ‘Government sanction the grent of a Mining Lease for Beach Sand (including thumenite, Gemet, Zircon, Rutile, Siminite, Leucovene etx.) over an extent of, 7.20 SA.Kts., in different Sy.Nos., in Vaisavelasa and Tonangl Vilages in Gare Mandel in ‘Spkakulom Dist, In favour of hs Teimex Industries Lic, fo a period of 30 years subject to : the provisions of Mines & Minersis (O8R) Aci. 1957 aod the Rules mage thereunder in (general, subject also to the conditions in Formr prescribed under the Mineral Concession Rules, 1960 and to the additional concitions specfed In the Appendix to ths arder and also subject to the folloning.conditons stipusted by the Govt, of Incla which are mentioned in Govt, Memo.No. 13459/M.01(1)/20023, D&25.6,2003 and also the Director of Mines & © Geology: ‘ 1) Tf, while mining game, the lessee comes seross deposits of any prescribed substancesfatomic minerals, the same shall be disposed of only after obtaining 2 . licence from the Department of Atomic Energy [DAE] as required under the Atomic + Energy [Working of Mines, Minerals and Handling of Prescribed Substances) Rules, 11984 and as per the conditions prescribed vide Govt, of India's tr. No.16(S0Y SEM, BE28.12,99. 1) Thetalngs contain the preserved sibstances shall be dispased of only o another cenity which holds. 2. veld loence under’ the sforesald Rules & AcL, t : sreces/separate the prescibed subeances. li) If the lessee proposes to separate prescribed substance contalned In the tallings, 2 ‘Separate lcence ude the Atorfe Enorpy Ad, 1862 vould be required and obtained. iv) If monaaite Is preduced in the process of exploitation of beach sand minerals, such rmonazite shall be disposed of by the entity.concemed, at its cost, in accordance with.” the Instructionsyalrectves of the Atomic Energy Regulatory Board er eny person/body ‘authorised by the Competent Authority in accordance with the provisions of the ‘Rtomic Energy Act and the Rules and Orders thereunder. ¥) Whenever the epplicant company is rot a wholly Indian owned company, the applicant cannot engage in the separation and sale of prescribed substances in ‘accordance with the Policy Resolution of the Gavernment of india, Department of + tomic Energy No.8/1{AY/97-PSU, dated:6.10.98.xi) all) ») x0) a py net en a arin ecmasattes name cesta ae rset ht aa ren a ar ironmant sstal Reguiatary: (CRZ} authority ‘other relevant authorities. coasal Zone ty ane “The Mining Plan indicating the dspocal of radioactive wastes shall be subritied t0 « Te.ten" AMD, for approval In respect of prescribed substanas such 26 lImenite, Rite, acon afd monantte associated withthe beach sands. copy of the mining plan shat aiso be submited ta the Regional Ofte of nsien Berdau oF Mines for mining plan aparovel in respect of g2met nly. “the apfcant company, atthe tine of egort of Gamat. or any other mineral a8 = aoe eae imply thelr export consignment and obtain tha relevent Morea ‘Jest Certificate [MTCY/No objection certificate. “re applicant shal bie by al te contins specie by the Department ce Amie Frorovin the cence granted and further condions tbe imposed inthis regard. cre Cempeny shel estck Rs mining ectvty witin the boundaries i the ‘unreserved area. Clearance tor Dept, of Nomic Energy an Minsky of Kins, Govt FA Ive Glprance or Peficiances and pesarcof traces of Honea the depost- ‘clerance of AP-Polution Contra Board. erence fom Shee Arex Development Aueniy ofthe Sak a wel 22 MWY Clearance on oes, Gov Of In, as te re als wan RZ BRE Erte ofa cavtcte fem the Chief Widie Weréen against re presence of ‘Olive Ridley Turtles in the subjock ares. NOC from Kelingapanam Port Trust asthe ares apples In Tonangl sector falls in the ort Trust lis, . —e (8 sikakuiom. consent of the Petadar’s apvnst the pata Tends Invaled, cy obserng Rule 223)EXH) of MC Rules, 1960. Clearance from the Forest Department a required under FCA, 1980 because of ‘presence of Protected Forests oy i. nrg operation shall ck be commas without chiang necessary 66 Cre Ning operations earance as epatrale fram the Deparment of Enwenmenty _Minigry of environment and Forest, Gayerument oF Indesed) If any associated minefal is recovered which comes under the category of prescribed substances for the purpose of the Atomic Energy Act, 3962 (33 of 1962), ‘No ‘Objection Certicate’ shall be obiained from the Department Atomic Eneroy, Government of India for lts etractlon and disposal, 44) Provisions ofthe Hines Act, 1952 and Rules and Repulotions made thereunder lncuding Tubmission ofnotee of cpening, appalriment of Manager and other statutory ffials 35 required by the Mines A 1962 foal Be complied wah. Lon “The rates of royalty, dead rer, surface rent and wate charges shal be collectable 2s 1. Rales of Royalty: ‘Boach Sands inchusing Gamet: (@) Abrasive 1: "Three per cent of sale price on ad valorem basis. or 25 revised from time to time. (b) Gem “Fen per cent of sale price on ad valorem basis or a3 revised from timeto ume. ‘Brown Timenite ‘{Leucoxene), “Two percent af sale price on advalorem basis or “menite, Rutile 26 revised from tmeto time, ‘and Zircon. | Silliminite, Two and half per cent of sale price on advalorem ‘basis or as revised from time to time and In ‘case of oxhier minéral, if any found, the respective rates of royalty shall be applicable as per rules. . {TIL Surface rentiand water charges :: As fied by the Government from time ta time. 3. The grantee should pay @ deposit Rs.10,000/- as preseribed under rule 32 of the ‘Mineral Concession Rules, 1960 before the ease Is actualy executed. 4, The grantee should execute the lease deed win the time limit specified m Rule 31, ‘of Minerel Concession Rules, 1960. . . ‘The terms and conditions referred to in para-i of this order are subject to such further moditcations, additions and alterations as may be ordered before the lease ded Is executed. .A 6. __The Director of Mines and Geology is requested tp tale necessary furthey Sn extn of the lease deed after salting Himself that the orartes Fun MEE 26g provisions of the amended Ack ond Rules. As goon as the deed 1s Tole of such execution should be reported to the Government Note:= The gran is able for cancelation should it be found I Was BSS Metis “or was. mace under 2 mistake of fact or owing © {nisvepreventation or fraud or in excess of authority. z “the Dretor of Manes & Geloy sal sais fimself hat the grantee has caine} el Teqrances required before exeotin of te mining lease deed ih gig & ‘copy ofthis orders alate cn the internat and canbe acess at the aces “hitp:/fapts.govinvepgns". (BV ORDERA AND TN THE NAME! ‘OF THE GOVERNOR OF ANDHRA PRADESH ) K.V.RAO, . PRINCIPAL SECRETARY TO GOVERNMENT AND COMMISSIONER FOR INDUSTRIAL PROMOTION. 1 . amex industries Lh, Prot NOA5, Site ND2, Road Not, Fm Hager ubiloe Hs, "Hyderabed-500 033,[87 RPAD) “the biehor ef Wines and Geclony, Hyderebed {wesFie AMP Sova Ress Director of tines & Geclogy,Srikakuter- The Col ay May of Mines, Depron nes, He Dh ‘The controll General, Indian Bureau of ines, Nagpur. ‘The Decor General, Mines Safety Dhanbad, Bhar. “The Regional Conrllr of Mines, Kol, Hyderabad. rene '& Com. [KF Cll} Department, . Ise. erwardeBy Orde! . Ken Sedd . SECTION OFFICER,22— GOVERNMENT oF ANDHRA PRADESH © MIR. PRA ABSTRACT MINES & MINERALS - Trancter of Mining Lense for Besch Sand (nchcing ewer, same, con, ruby manta Tasca ce,5 fee oy ee eee cttie Lldy hn favour of M/.Cass Weak Minarl Sands ue aa”. Mert e accorded Grote “Iared {YNOUSTAIES we COMMERGH (Miz) DEPARTHENT Soedia ade Renta 2 4 €.0.Ms.N0-31, Ind.acom go. tkD Dap, att 06-02-2004 E ram trex thdutes Gl MC Amehcaben cee E Flom the bite, No Sestsina-9/t4,acoa 05 as: * from G61 misy of amos Lrhora/fa soos _* Gidesonsoce" eRDeR: : Jn the refarance 2s rend above, Gavernmant have granted Mring Lease for uauch Sond (cluding tment, gornet, ston, ratte ‘arant Woseen tts over am extent of #26 Satake Wy ciferent Spent” tt Woes and Foning vkages af Gara Manda Sresslarn Betis for s petasrer 30 veer Favour of M/S, Trimax Industries Limited. The ssid Mining Lease was executed on 25-02-2004 vide roccecngs No-lasj 3/4000; geaS OEaDbS 2 M/s.Trimax Industries Limited have applied for transfar of the above Said Mining Lease in favour of M/s.east West Mineral Sands Pvt. {td., which Is tha wholly owned subsidary of M/a.Trimex Industries Lith, for the unexpired (of ML ubto 22-02-2084 under rule 47 of Minerel Concession feules, 1960, in the rerérence 2nd read above, " 3, an the reference 3rd read above, the Director of Mines and Geology has Sent proposals to transfer of Mining Lease for Beach sand (including limenite, gurnet, zircon, rutile, sillminite, leucoxere ete.,) held by M/a-Trimmex Industries Limited over an extent of 7:20 $q.kma., In different Sy.Nos, In Vatsavaiasa and Tenang! villages of Gara Mandal, Srikalqulam District held by Mis.qTrimnex Industries Limited in favour of M/s, East West Mineral Sands Pve, Lic. for the unexpired pexiad of Mining Lease upta 22-02-2034 under rule 37 of Minéral Concession Rulés,.1960 a3 thers are common directors on the Boord oF Directors of both the companies and that there is ne speculation Involved in this transfor. ame Bear Un the reference 4 resid above, the Government of India have convayed thelr approval to the transfer of Mining Lease fer Beach Sand (Including mentee, Gamet, Zircon,'rutile, silmanlte, leucoxene ete.,) held by M/s-Timex industries Led, over an area of 7.20 Sq.kms., In Vatsavalesa and Tongan! Vilages Srikakulam District in favour of M/s, East West mineral Sanda Pvt. Lic, Under rule’ 37(2) of Mineral Concossion Rules, 1960 for the unexpired petiod of lease upto 23-02-2034 on the basis of same conditlons, subject to compliance pf Rule 37(1A) and Rule 37(2) before transferring the Mining Leesa in favour oF Mys.Baat West Mineral Sansds (P) Ltd.” 5, ., Government after due consideration, under Rule 37(1) of M.C-Rules 3560, hereby permit to transfer of the Mining Lease far Beach Sone Pcinanes Imenite, garnet, circon, rutlle, slminite, leutowane etc.) held by Mote Industries Limked over an extant of 720 Sq,kmas in different yee as Yatsavalasa and Tonangt vitesee of Gara Mandal, Srikabutam bletice fn tovorn of Mis eoet West Mineral Sande Pvt. Ut forte unexpirad peta of tts 2-02-2034 su ‘satisfaction of Mines and Minerals (Development ara Regulation) Act,1957 and the rules mage thecunder © wr6, The wansfor {his order and both the Government + Geology is requested [BY ORDER AND teace deed shoul be executed vithin thes montis from the date of tease otjeror and traneferee should pay il rinetal eeverua Hues "2 the wane: Mo anser lense dood, The Dear of Mines end To /scTrimex Industries Leta, . Te Nols, Site No.2, Road no.2, Fiim Negar, Hyderabed-500 093. [BY RPAD] Sopv tai ‘ She Director of Mines & Geology » “The Asst. Director of Mines & Geology, “The Collector, Srikakulam District, ‘The Controlier General, Indian Bure ‘The Director General of Mines Safety, ‘The Secretary tO ‘The Ind. & Com, SF/SC ‘Government of India, [iF Cell] Department. to taka further necessary ein in the ratte, INTHE NAME OF THE GOVERNOR OF ANDHRA PRADESH] Y. SRILAKSHMT ‘SECRETARY TO GOVERNMENT Hyderabad.(w.e:FILE) ‘Srikakulam. aut of Mines, Nagpur. ‘Dhanbad, Jarkhand. Mines, Naiv Delhi. (/JPORWARDED 1: BY ORDER/7 KA Seddon 1 SECTION OFFICER| veawralhgee ° ART = r . z. Se oF ae oRacha & were Tar Pre TT ‘oriige ser wear UrazsaaraoosPrcoszses . teal EAST WEST MINERAL SANDS PRIVATE LIMITED a apmet 3, yoeaTeT area eT & fs Het EAST WEST MINERAL SAND8 PRIVATE LIMITED oh ye aa Rare a rane wee wt we we, 56 (058 A) ater er EAST WEST MANERA S408 PRVATEUMATED 3 ea F fafa A ai a, a ae es, 56 Sanat A aS arg fa sree Rew eee ee Te fey He yer rh ToT we oP, 1088 wae at ere eB ae TTTE, we UTE fry, Prt ah ose v7, Pr sar C91 Prater DAseeS Gee, ANaaNNRND FR 11 /oK /2007 BIT ey ar iw aA a TT RT TH ATE . _TRIMEX SANS PRIVATE LIMITED : err fe ae wr, Re A mt 2a) aT A Fret AT BY cag me, BR TER aT TAT He Fs eh GT ET rar eT BL GOVERNMENT OF INDIA - MINISTRY OF COMPANY AFFAIRS: Registrar of Companies, Andhra Pradesh Fresh Certificate of Incorporation Consequent upon Change of Name Corporate Identity Nurtber : U142asAP2004PTCO4z806 In the matter of We EAST WEST MINERAL SANDS PRIVATE LIMITED hereby cartty that EAST WEST MINERAL SANDS PRIVATE LIMITED which was cxiginally Incomorated on _ First day of April Two Thousand Four under the Companies Act, 1956 (No. 1 of 1858) es EAST WEST MINERAL ‘SANDS PRIVATE LIMITED having duly passed the necessary resolution in terms of Secon 21 of the Companies ‘Act, 956 and the approval of the Central Government signlted in writing having been accorded thereto under Se.uon 2t ofthe Corponias Act 196, read wih Government af india, Department of Company Aas, Now Dat, Notification No, G.S.R 507 (E) datod 2406/1985 vide SRN 12560242 dated 11/04/2007 the name of the seid ‘company is this day changed to TRIMEX SANDS PRIVATE LIMITED end thls Gertifcete fs Issued purcuant to ‘Soction 23(1) of the said Act. . Given under my hand at Hyderabad this Elaventh day of Apri Two Thousand. Seven, tone reads D} come el Rega oY Compania air rea Andhra Predesn: Se : aR ¢ ares rot Form {See Re aan 16(1)) ET AT = TT GERTIFICATE : OF INCORPORATION Iereby comfy that is thie day incorporated under | nos Act, 41986 fad that the Company ited) TATE STAT se a Re vendor hard at. DERABED L : yor wes (vse HEY puree) negarof compari x tt. Andhra Pradesh : WS.C-4 +70 BE OMITTED IN RESPECT OF UNLINI Hyderabad. a SREPRb Government of India Department of Atomic Energy ‘Atomic Minerals Directorate for Exploration and Research 120-153-156 Begumpet Hyderabad - 500 016 No.AMD/MRG/TSPL/SM/720Ha/2014 May, 15 2014 Sub: Approval of Scheme of Mining and Progressive Mine Closure Plan, Stikurmam Mineral Sand Mines, Vatsavalasa and Tonangi villages, extent 720 Ha (7.20 ‘Sa. ken} in Gara Mandal, Srikakulam district, Andhca Pradesh in respect of lImenite, Zircon, and Rutile in favour of M/s Trimex Sands Pvt. Ltd-reg, Ref : Letter No. Nil, dated 18-03-2014 . 'm exercise of power conferred by the clause (b) of sub-section (2) of Section 5 of Mines and Minerals (Oavelopment & Regulation) Act, 1957 read with Government of India Order No, S. O. 4(6) dated 02-01-1990, the Scheme of Mining and Progressive Mine Closure Plan of Srikurmam Mineral Sand Mines located in Vatsavalasa and Tonangi villages over an extent 7.20 Sq. km in Gara Mandal, Srikakulam district, Andhra Pradesh is approved in favour of M/s Trimex Sands Private Limited subject to the following conditions: O1. The Scheme of Mining and Progressive Mine Closure Plan is approved in respect of minerals ilmenite, Zircon and Rutile which are Atomic Minerals under part B of 1" schedule of MIR Act, 1957, 02, M/s Trimex Sands Private Limited shall obtain License from AERB for the proscribed substances as per the provisions of Atomic Energy (Radiation Protection) Rules, 2004, giving estimated quantities of Monazite tailings for the. scheme period and camply with the terms-and conditions stipulated in the said License. A copy of the same may be sent to AMD and IBM for records, 03, That the Scheme of Mining and Progressive Mine Closure Plan is approved without any prejudice to any other laws applicable to the mine/area from time to time whether made by the Government of india, State Government, or any other authority, : . 04. That this approval of the Scheme of Mining {including Progressive Mine Closure Plan} does not in any way imply the approval of the Government in terms of any other provisions of the Mines & Mineral (Development and Regulation) Act, 1987 oF the Mineral Concession Rules, 1960 or any other law including Forest {Conservatton}Act 1960, Environment Protection Act, 1986 and the rules made thereunder, oF CRZ notification etc,24 6, That the provisions of the Mines Act, 1962 and Rules and Regulations made , hereunder including submission of notice of apeting, appeintment of manséer and other statutory officals as required by the Mines ‘Act, 1952 shall be complied with. 06. that ths Scheme of Mlning (Including Progressive Mine Cogure Pin} is approved vnthout prejudee to any other order or eecton from any court of competent Jurtscietion. . a7, The execution of Scheme of Mining (reuing Progressive Mine Closure Plan) vhal be subjected to vacation of prohibitoryordes/notices, Hf an¥. ‘Gs. fanythingis found to be concesled as required by the Mines Act In the contents or the Scheme of Mining (Including Progressive Mine Closure Plan} and the proposals for rectification has not been made, the ‘approval shall be deemed to __ have bean withdrawn with immediate effet : ga, Eat any stage tis observed thet the inforation furised In the document are incorrect or misrepresent facts, the approval ofthe document shall be revoked swith immediaté effect” : 0, this approve of mining operations and assoceted eek restricted 40 the inning ease area only The mining lease ares as shown OF the statutory plans vier rule 28 of Mineral Conservation and Development Rules, 1988 by the fessee/RoP/apalicant. AND “does net take ny responsiallity regarding oreciness ofthe boundaries ofthe lease shown on the ground with reference ee ease map and other plan furnished by the apeicantessee sa. The contents of erolae No. 2/2010 sued bythe Chet Controller of Mines, IBM, agour wide his letter No. 11013/8/Mr/80-CcOm Vo! Vi dated 06-04-2010 shall ‘be complied with and @ copy ‘endorsed to AMD within @ period of shx months from the date of-grentfexecuton of mining lease FINE ‘which the approval shall be deerned to have been withtfawn- 42, The conultions stipulated in State Industries & Commerse {MN Department © Totter 6,0. Ms. No 32 dated 06-02-2008 and subsequent orders, if eny, and also the conditions stipulated in State Deparment of G&0lOBY & Mining letter No pe/im/04 dated 23-02-2004 wile considering the Bronk cof mining lease shall be taken eare of while implementing the Scheme of Mining {inclusting Progressive Mine Closure Plan}. 13, That if anytime, during the operation of mines, fis found that the existing laws sre not belng followed, Diectar, AMD may suspend the approval of Scheme of ining eccorded by eiing the relevant reasons in WA ta, That If there is any drastic change In the method ‘of mining/ mille, the J aertnation in this rogard shall be sent tothe Director, AMPs Hyderabad 415, Ful facilities shall be eecorded to any authorkzed representative of the Director, ‘AMD to inspect the mine and the processing plank, concemed records and registers at anytime. +pes er o& 36. The Financial Assurance as required: under rule 23F of NICBR, 1988 should be submitted to the Regional Contzoller of Mines, Indian Bureau of Mines, Hyderabad, if already not done, witht sik moinths froin the approval of this Scheme of Mining (including Progressive Mine Closure Plan} endorsing a copy of the same'to. Director, AMD.for record, . 17. A copy of statutory returns and noticas, which will be sent by the Trimex Sands Put, Utd, to Indian Bureau of Minas and Director Ganeral of Mines Safety, will algo be endorsed to Director, AMD, Hyderabad, ‘Tw coples of approved Scheme of Mining In respect of limefite, Zircon ance | Rutile subject to fulilnant of abou condltlons are herevith enclosed, ig (P.s?Barhar} ‘gens fog FRR PHRECFORINAR . ‘fitan/Oipootar 8 . Geren oselege beac a bode tat Nominated Owner, ‘wo: ni/Departnent aFAtorle Enaray Més, Tritnex Sands Pvt. Limited, ' aca eaa/ Govecament of irdia 8-2:298/82/A/1057/F1,Road.No25, “Jeera [Hydetabed-500 018, Jubilee Hills Hydrebad:- 800033. Sopyto: « 1 The Chief Controller of Mines, Indian Bureau of Mines, 6” Floor, Block ‘D’, Indira Bhavan, Civil Lines, Nagaur-440001, 2. The Regional Controller of Mines, Indian Bureau of Mines, Room No. 603, 6th Floor, CGO Towers, Kavadiguda, Secunderabad 500 080 3. The Director, Geology and Mining, ‘Govt. of Andhra. Pradesh ,Hyderabad- -sé0029 . 4. Shri $. R, Kumaraswamy, 8-2-248/5/A/42, Venkateswaro Hills, Koad No. 3, ‘Banjara Hills, Hyderabad ~ 300-034 Joint Séeretary (| & Ml, Department ‘of Atomic Energy; DAE Secratariat, Anjushaleti Bhavon, Chatrapati Shivalt Maharaj Marg, Mumbal- 400602 2. Additional Director {Op Il}, AMD, Hyderabad Son016 . 3. Head, PRSG, ANID, Hyderatrad- 50006, (P. 8 Pacihar} DIRECTOR84 GOvERIMENT OF INDIA Resta MINISTRY OF MINES INDIAN BUREAU OF MINES Oftos oF to Reglonel Contolet of Mines, Hperabad, No. AP/SRK/MPIGae-71HYD footw 6% foor, CGO Compick, Reviatigtida, Seandgatad ~B00 089 . 3 SEP 201 81 TV. Chowany, Mie Trimen Sans Pvt. Utd, ‘rimen Towers, . owt Sabberaye Avenue #2 Beara? Rend, Aver pet, ‘Sub: Approval of Scheme of Mining inctading Progressiva Mine Closure Plen of Mis Tr vo Mine Coste Pla of Mis Tex Rare ee apn of bess Stn Beat (aD) of Vanesa and Tenn il ‘Srikakulam Fe ae eae DofMEDR. 1980 orang vile Refi {.Your letter a9, TSPLIMP/2022-13 dated 26.11.2013 2. This office lelter ofeven no, dated 7.5.2014 43. Your letter nowil dated 19.6.2014 4. This office letter of even no, dated 24.7.2014 5. Your leer neil dated 26.8.2014 Dear Sir, In exercise ofthe power confered by sub mle (4) Fre [2 of Wéntril Conservation and ‘Development Rules, 198, 1 hereby approve the above said echeme of ming, This arproval fs subject to the following conditions: |) This Scheme of Mining Geloing Progressive Mine Closars lan) is enproved iho raj to any olker les appa tS the mine ors time to sme wher mae By the Cental Govenrneny, Sate Goverament o ny ser authority 4H) It is also claiged that the approval of the sfresed Schemne of Mining (nclutiog Progressive Mine Closore Plen} doesnot aly way imply the approval of the Goverinaes, Faenerspr any other provision ofthe Mines and Minerals (Develapment & Repstaton) ‘Act, 1957, ore rules femed thece under on3 anyother lw. fi) this Suter cadtid tat the approval af tho Scheme of Mining (eines Progressive Moe Closure Plan) is subject to the provsina oF Fowest (Conservation) Act, 1980, Forest nag or Rules, 2003 and other relevant satuts, oxdess and guidelines ex maybe sppllesble tote lease ene fom tne to tne je) Your aeton is aie to the Hob Supren Cout's Inte, Orde an VOC ©) ‘Joy ated 49 12.1996 for compliance, The Approval ofthe Scleae of Mining (else Prnpresive Mine Closure Plan) i thetefore, sued without pijudis tp end sub=: the said diction ofthe Hon'ble Suprems Court es eppleablein yor ces 4) Plovislons f the Mines Ac, 1952 ay Rand Regalos rae hss mde oi submission of notice of opening, =p; siotment of Manager and other-statstory officials 2s ‘quired by ine Mines Act, 1992 shall be eompled wh. 48) Clenancfeonseno Objeston fom Min of Exvoamen, Hones Coote es See ELAfEnd? repr), Cer Pollution Cont! Bont Sto Poition Contes sree) sepliebe iss case should be obtain. A cy ofthe tame choold be subset to this Office with in a period of one mo rom the date of approval vii) Af anyhing ts found fo be conecsted ax required by the Mines Actin te Fons of eee Scheme of Mini (eluding Progressive Wine Clsute Pls) andthe propsslfor retention ius not bean ade, he approval shal be Seemet ‘nave been withdrawn for rete fey, fre ey sage, iti observed he De information furnished waee oeamedt ae incorert or misrepresent 2 Se pproval of the document stall be evoked with immediate effect. vii) The wily eros ofthe dnneal essen sould be renesied bofore the empty of he ae an shoul be submited ta this office. jx) ‘The Environment Monitoring Cell ofthe Comper shall continue monitoring ambient ait ‘Paige dst al rite, vater Gut, soll sample analy and noise level measurements 02 ondemand. 3) ‘The execution of approved Setamna af Mining shall be subjosted to vacation of prohiitory orderfnotices, any. . si) Ayan voor sha be suid before Tey of ee YE forth the extent Ae ae nd cesbitive works cared ovt #5 envisaged in (he eppraved Mine (Glosure Plan afer strting of Mining Operations. i) A yearly sl appeal nate shoud bo submited before 138 WY ‘of every year by the owner a ine eg per tnclosed format wbout extent of implementation ‘of Approved Scheme or Nsning during the preceding financial year with supporine planvsections, ‘preventative photographs in hard as well as sof copy. ft) this deparmeet dos not sndertake any espensbiiy segarding fixing of boundary pillars Peete goound and convenes ofthe boundaries of te [ese ena Soy OF the ground Gn he oc eaze map ad oder pins furnished bythe mppieunesses viv) In case the mining lease fills within radius of 10 las of Nations! Paridsanctuary, 1p aS aons of NBWL have fo be obtained as per the Order of ‘Hos'ble Suprerie Court in LAA. No, 460/2004. 4s) The provision of Circular No, 22010 of Chi Congr of Dio Indian Bureau of The provsrgper asued vide ner no. NeI1O1SG/MPI-CCOM VOLT. dated Min gf hall be complied within a pesad of 180 days of noiistion of eBer°Y by ‘Stax Government in its behalf fortho sume, sf) The document i approved for proposes conained thersin and spplioabie for the vriing sees tobe eared ou win te mining Yeeseel fer cesning period of ve {ear block fom prospective effect, soi) The lease shal ot ue the explosive inthe tine wales the sae Has beet approved {nthe a ae cong & necessary person fom whe compet suerte for ws of explosive at the mine ste is obcaied/to be obtained. . sv The legos shall certo malng operon ony afer taking permission Lom Compact Freee Sie of expasive at your mine at for which the explosive isnt for she ‘anger to poste and to use fn a magazine i obtsnedte be obttnod wx) Any Tebityfenalty, impoted bythe Site Govt for dienes Ip quanily of es femoved fm the mine (aed on Yume, messrement D0) es reported “Fretcheslpmdeton wil be sted by lest 08 per rales under intimation to this f=31 vx) Thin doprtent acs no perov any proost of SSS of he raaavial or wizste outside Rs Tl ae gS i ad the lane Govermaet aniaes incon Reve Foe "alltian Contcat Board sn sparen: of Mines and Geloy v0 Hee Nedieion aver the eubjest eres. 30 _ cordance with Apex Court oxi: poate of WIP, Na.A3S of 2012 xi) The essefapploant shall mara so’ of noterasastelrieratrejectalings ele ‘Toe Jnaeep enced and arpa ang mNS PSPS Subsequent nse of feesolé ee eeeonempion, sacetppant Sh Ws peste permission for Tn mater ee he Gof MR, 960 aie cf grade and si oe cong the pament of yay fers oF rset pormalts by Ue St Government. Baek: Document esatsining Sheets 129 Anentees 58 and XIPlates. Copy tt * Se pep Diceor of Minus Sah, Helene egion-2, 7 the Flcor, CGO Tawers, ‘evadignde, SeconsonrbadS00080 Sete con af Approves Sexes of SAINTE 2) The Director of Minas and Geslony, O° ‘of Andbrg Pradesh, Hyderabad along wih 9) Tee roe Seems 2 Ming His specie atetos Te dcawn to he em no. xi xis a te long ih fer tems for nec aon: G@)_ Copy to 84 SiR. Kuotmsyamy, 1 sphagavahi Aon Tabs Lid 6220580 © segesuare Hills Colony, Road No 3, Banas Tear Hyderabad 500.034 for information Ae aecessary notion, ‘ . (PNshatms) ' Regiontl note of Mine?31- No, 3-11015/175/2011-1A.11 (M) Government of India Ministry of Environment, Forests & Climate Change Impact Assessment Division BY. DP 3” Floor, Vayu Wing, Indira Peryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-310 003 Dated: 17" April, 2015 To Af s Trimex Sands Pvt. Led, 56, Telugu Musalayea Layout, Adithya Nager, Arasavilli Road, srixekulam-532001 Andhra Pradesh. Fax: 044-24986047 Subject: Srikurmam Mineral Sand Mine of M/s Trimex Sands Pvt. Ltd., Village Vatsavalasa, Mandal Gara, District Srikakulam, Andhra Pradesh {720 ha) (2.0MTPA to 6.0 MTPA)-Environmnetal Clerancee regarding. Sir, This has reference to your letter nos. TSPL/SRIKURMAM-MINING/2011- 07/001, dated 12.07.2014 and subsequent letters dated 12.01.2012, 05.04.2012, 16.10.2012, 02.02.2013, 11.06.2013, 14.02.2014, 04.06.2014 and 20,11.2014 on the subject mentlonad above. The project was prescribed Terms of Reference (TORs) by the Ministry of Environment, Forests & Climate Change on dated 06.07.2012. The Project Proponent decided to reduce the capacity of expansion from 8.00 MTPA to 6.00 MTPA due to technical and market Issues involved, In this regard, the ®P was permitted far downscaling the earlier proposal of expansion from 8,0 MTPA to 6.0 MTPA vide letter No. J-11015/175/2044-IA.IT (M) dated 09.09.2013. The proponent submitted its application to the Ministry on 18.02.2014 for seeking environmental clearance, The proposal was considered in the EAC meeting held during 28-30 May 2014 and re-considered in the EAC meeting held during January 15-16, 2015 wherein the Committee recommended ‘the proposal for environmental clearance. 2, The proposal Is for expansion of Mineral Sand Mining from 2.0 MTPA to 6.0 MTPA & Mineral Sand production from 0.63 MTPA to 0.93 MTPA. Mine lease area is 720 ha for mining of heavy mineral sand having Imenite, Rutile, Zircon, Garnet, Sillimanite & 59.27 ha Plant Area located at Vatsavalasa & Tonangi Villages, Gara Mandal, Srikakulam District, Andhra Pradesh. The erea is covered under Survey of India Toposheet No. 748/3, 6/4, B/7 and ties between Latitudes from 18°15'56" N to 18°19°19" N and Longitudes from 84902'39" & to 81907'44" E, ‘3. ‘The State Govt of Andhra Pradesh has grented a mining lease for mining of heavy mineral sand having Ylumentte, Rutile, Zircon, Garnet, Silliminite minerals Paget of 933 from 23.02.2004 to 22,02,2034 in 720 ha area at Vatsavalasa & 02, ‘Tonang! Villages, Gara Mandal, Srikakulam District, Andhra Pradesh. The Ministry of Environment & Forest has earlier granted Environmental and CRZ clearance for the projéct for 2.0 ITPA, 4. The Mine ease area is 720 ha & Plant area is 59.27 ha situated outside ML area, There is no forest land in the lease area. The land usage of mining iease is 364 ha of agriculture land and 356 ha of Government waste land, Scheme of Mining for a further ceriod of five years from 2009-2010 to 2013-2014 was approved by the Indian Bureau of Mines vide letter no AP/SRK/MP/Garnet-2/Hyd dated 18/6/2009 and by Atomic Minerals Directorate for Exploration and Research (AMD) vide letter no. AMD/MPA/3M/TSPL/720Ha/2009 dated 17.08.2009. 5, The mine is opencast and will be worked by mechanized method involving Gry mining and dredging. No driling and blasting are Involved or sorting of the materiel at the mine site, Run-off mine ore will be mined and concentrated with pavenced environment friendly equipment and technology, wherein ‘ore mining, concentration, backflling and afforestation on reclaimed land takes place simultaneously, thus limiting the gap between mining and rehabilitation to pre- mining stage to only a few months. 6. Mined/dradged heavy mineral sand Is screened, slurried and pumped to 2 pre-Concentration Plant (CP) to concentrate minerals in the ROM Into three to four frineral rich concentrates. The concentrates from this Plant wil! be further transported to a Mineral Separation Plant (MSP) for separation of individual thnerais. Heavy mineral sand from lower layers having high slime content will be sdditionally cleaned In a slime cleaning Plant before it is pumped to the pre- Concentration Flent, The excavated area will be simultaneously refilled with tailings generated from pre-Concentratlon Plant and afforested with focal suitable plant species to restore the ecologleat balance of the are. Tots! Mineral Reserves ere about 27.98 million tonnes with mineral resources of 37.45 millon tonnes. Life of the mine Is about 8 years.. = ~ 7. Th-wes reported by the PP that solid waste generation will be about 22.958 ration tonnes oF siica sand which form the reject quentlty during the frst five veers when 27.65 milion tonnes of ROM will be handled, The plant waste/tallings contain shells, silica & silt/siime and ‘this waste sand will be dewatered by cyclones. The tailings which form about 83% of ROM will be transported/pumped back for refilling the mined out areas and subsequent afforestation, 8. The total water requirement for the project is estimated as 15,000 KLD. The PP holds permission to draw 500 rn°/nr from the Vamsadhara River. it was reported by PP that mining (dredging) will be carried out below the ground water table, nowever, there is no mine dewatering Involved. A comprehensive hydro geological study carried out by Andhra University was submitted. Page 2 of 93y . % Tt was reported by the PP that there is no wildlife sanctuary/tiger reserve/national park, ete within the 10 km radius aree around the mine lease. Schedule 1 species |.e Olive Ridley Turtle Is found in the study area. Baseline studies were carried out during summer season 2012 (March -May), All the parameters for air, water, and noise quality were reported bo-be within prescriyed standards. The study on the Impact of the mining on Qiive Riddicy Turtles, traffic, ground water, flora & fauna etc. are also carried out ard submitted atong with final EIA. HTLYLTL demarcation by authorized agency fies alsa been carried cut and report submitted. 10, It was informed. by the PP,that the Public Hearing for the project was conducted on 29.12.2012 near Project site, The PH was chaired by District Collector, Srikakulam. The issues raised during Public Hearing are considered and discussed in the final EIA. it was Informed by Project Proponent that as per the vilager’s requirements, they would give preference to locals for employment; fiealth Issues, providing education and assistance in vocational training etc, The estimated cost of the project is Rs 149 Crores. it was reported by the PP that there is.no court case pending against the project. 1k. The Ministry of Environment, Forests & Climate Change has examined the pplication in accordance with the EIA Notification, 2006 and hereby accords environmental clearance under the provisions thereof to the above mentioned proposal of M/s Trimex Heavy Minerals Pvt. Ltd, for Mineral Sand Mine Proposed expansion of production capacity from 2.0MTPA to 6.0 MTPA in 720 ha ming lease area and $9.27 ha piant area tocated at village Vatsavalasa, Mandal Gare, District Srikakulam, Andhra Pradesh subject to implementation of. the following conditions and environmental safeguards: A, Specific Conditions (i) The 325 dunes recorded in the TSPL area of which, 13 dunes exist beyond 100m from the high tide, shall be protected and maintained, All effort should be made to ensure that existing natural vegetation of these dunes are fully protected. . . (i) Rs, 1.80 corers proposed for Wildfife Conservation pian should be deposited within one month of issue of EC letter for implementation of Wildlife Conservation plan by the Department. (i!) The Environmentel clearance Is subject to obteining clearance under the Wildlife (Protection) Act, 1972 from the Standing Committee ‘of National Board of Wildlife, as may be applicable to this project, (iv) The Environmental clearance is subject to obtalning clearance under the Coastal Regulation Zone, Notification, 2011 to this project. (v) Necessary AERB clearance shall be obtained under the Atomic Energy (Radiation Protection) Rules, 2004 for operation of 8SM (Beach Sand Minerals) facility. (vi) The mining activity will commence only after taking necessary approval of + Water draw! from the concerned Authority of State Government. Page 3 0f9(vil) «wily (ix) ne) (ati) oii) (vy ov) ow") (xvii) (xviti) 85 . ‘The Mined area shoud be replenished immediately, . ‘The mineral separation plant/pre-concentration plant should be located outside coastal Regulation zone area, Implementation of Wilelife Conservation plan for Schedule-1 species, The Conservation Plan should be species specific, should have allocation of budget, time frame and agencies to be responsible for the Implementation for each of the target species. Conservaiton pian shall be approved by the State Government. No mining shall be carried out In the Inter-tidal zone and within 100 m from HTL towards landward side. Identification of sand dunes shell be done prior to undertaking mining activities and their conservation shalt be as per MoEF guidelines from time to thine. No flettening of sand dunes shall be carried out, Oressing or altering the sand dunes, hills, natural features including landscape changes: shall not be carried out for beautification/recreational purposes. Precautions shall be taken to prevent intrusion of sea water Into hinterland to avoid problem of submersion/flacding. Fencing of entire lease area, barrier‘of 100 meters towards sea to prevent olive turtle nesting ground. Tallings and rejects shal! be filled back systematically after separating the heavy/rare minerals. Sand tailing shall;be put back at the mined area on completion of extraction of rare'minerals. Afforestation shali be taken up with sultable species on mined out areas to prevent erosion of shoreline. Under no circumstances, the tailings will be dumped in agricultural lands, wet lands, paddy fields, canals and the backflling will be carriéd out only in the inland mined out areas. ‘The mining activities shall be regulated in such a way thet there will be minimum disturbance to the fauna during spawning and brooding period i.e. from November to March. ' Mining shall be carried out in phases only. Simultaneous opening of entire beach front is not permissible. There shall be uninterrupted access to the seafront. Minimum 20m, width of approach roads.shall be provided where necessary, - Tapping of ground water is expressly prohibited In CRZ area. A network of ground water observation wells within and outside the lease atea shall be established for regular monitoring of ground water quality and water levels in the surrounding area, These analysis as per norms much be documented and sent regularly (every three month) to the Regional Office MoEF. ‘The fresh water gradient towards the sea will be maintained by close monitoring of water table. ‘Plezometer wells to be constructed and monitored. Mining shall be carried out by permitted methods without the use of any forms of blasting. Use of explosives for blasting is prohibited. The mining should be stated near sea side and mining should be progressed perallel to sea coast so that inland water table is not disturbed. Page 4 0f 9(x0) x) (xxi) (xxl) (xxiii) (xxiv) Goxv) Gonvi) (xu) (xxvii) 36 Radiation survey shall be carried out as stipulated by the Atomic Minerals Directorate for Exploration and Research, Department of Atomic Energy, Government of India to ascertain the effects of radioactive minerals. ‘Occupational health and safety measures, especiaily concerning radiation to be enhanced for workers who are having some ailments ike hypertension, diabetes etc. should have health check-up once in six months, . ‘The project proponent shall obtain Consent to Operate from the State Pollution Control Board, Andhre Pradesh and effectively implement all the conditions stipulated therein, Implementation of conditions laid down in the Mining Plan along with Progressive Mine Closure Plan which has been approved by Indian Bureau of Mines, Ministry of Mines vide Letter No. AP/SRK/MP/Garnet-2/Hyd dated 26.09.2003 and 18.06.2009. Implementation of conditions laid down In the Mining Plan which has been approved by Atomic Minerals Directorate for Exploration and Research, Department of Atomic Energy vide Letter No. AMD/MPA/3M/TRIMEX/03, dated December 08, 2003 and Mining scheme approval vice no. AMD/MPA/3M/TSPL/720 ha/2009 dated 17.08.2009. Implementation of the Conditions, if any, as lald down by Andhra Pradesh ‘State Coastal Zone Management Authority Effective safeguard measures such as conditioning of material with water, regular water sprinkling shall be carried out In critical areas prone to at pollution and having high levels of particulete matter such as around crushing and screening plant, loading and unioading point and transfer points, It should be ensured that the Ambient Alr Quality parameters conform to the norms prescribed by the Central Pollution Control Board in this regard. Reguiar monitoring of ground water level and quality shalt be carried out in ang around the mine lease by establishing a network of existing wells ancl instatling new plezometers during the mining operation. The periodic monitoring [(et least four times Ina year- pre-monsoon (AprikMay), monsoon (August), post-monsoon (Ndvember) and winter (January); once in each season)] shall be carried out in consultation with the State Ground Water Board/Central Ground Water Authority and the data thus collected may be sent regularly to the Ministry of Environment, Forests & Climate Change and its Regional Office Chennel, the Central Ground Water ‘Authority and the Regionai Director, Central Ground Water Board, If at any stage, it is observed that the groundwater table is getting depleted due to the minthg activity, necessary corrective measures shall be carried out. The project proponent shall ensure that no natural watercourse and/or water resources shail be obstructed due to any operations. Regular monitoring of water quality upstream and downstream of adjoining water bodies shall be carried out and record of monitoring data should be maintained and submitted to Ministry of Environment, Forests & Climate Change , its Regional Office, Chennai, Central Groundwater Authority, Page 5 of 9(xxix) (xx) (ox!) (exit) (ooxxll) (xxxiv} (eee) Gonevi) (ovevil) Bt Regional Director, Centre! Grouné Water Beard, State Pollutlon Control Board and Central Pollution Control Board, fs part of ambient air quality monitoring during operational phase of the project, the ait semples stati else be analysed for thelr mineraiogical composition and records maintained. Conpiiance status stall be submitted to the Ministry of Environments corer climate Change and Its Regional Office iocated at Chena on six monthly basis. Troctive safeguard measures such as regular water sprinkling shall be eect cin ential areas prone to air pollution and having high levels of Sree a RPM uch ag haul road, leading and unioading polnt and transfer points. It shail be ensured that the Amblent Alt Quality .parameters po tom to the narms prescribed by the Central Pelution Control Board in ‘this regard. . Vehicular emissions shall be Kept under control and regularly monitored. Vehicles used for trenspertation of ores and others shall Pave valid permissions as prescribed under Central Motor Vehicle Rules, 1989 and its pernamants, The vehicles’ shail be covered with @ tarpaulin and shail not be overloaded. Digital precessing of the entire lease rea using remote ‘sensing technique cere he carried cut regularly once in three years for monitoring aad ¥ee pattern and report submitted to Ministry of Envirenment and Forests and its Regional Office, Chennai. Implementation of Action plan on tesues rose during Public Hearing. As see itted by the project proponent curing the publle hearing shall be implemented and the repott shall be submitted to the Regiona! Office of the Ministry every year. During intial mining stages, @ green belt of 7.5m barrier ali around the oor tue boundaty shell be made. Subsequently £0 develo 5Ort barrier sine with S-tlet plantation inside mine tease in @ progressive way Alot the etive mining sites. Adequate plantation shall be ralsed jn the ML area, aati roads, vacant area ete. Green helt development shall be carried out Considering CPCB guidelines including gelection of plank species and in consultation with the local DFO, Herbs ‘and shrubs shall also form 2 part of Srrorestation programme dasides tree plantation. The density of the trees aha aot be less tran 2500 plants per he, The company shall involve local people with the help of self-help croup for plantation programme. Details aryear wise afforestation programme Including rehabilitation of mined out creo shal be submitted to the Regional office of the Ministry every YA". ‘Adequate cir monitoring stations shalt be installed In. arete of human eswatione rear the mine and the results of ambient alr quality shall be remained and regularly submitted to the Regionel Office of the Ministry. sermmonitored data for criteria pollutants shall be regularly uploaded on the company's website and also displayed at project site. The waste water from the tine shall be treated to conform fo the prescribe standards before discharging in to the natural stream. The tischarged water shall be regularly montkored and report submitted to the Page 6 0f9(exxvitl) 3€ Ministry of Environment & Forests, Central Pallution Controi Beard and the State Potlution Control Board. A final mine closure plan, along with other details shall be submitted to'the Ministry of Environment & Forests, 5 years in advance of finel mine closure for epproval, 8. General Conditions QO Gi) (iii) (iv) o wi) (vit) No change In technology and scope of working should be made without prior approval of the Ministry of Environment & Forests. No change In the calendar plan Including excavation, quantum of beach sand mineral l.e. Hlemnite, Rutile, Zircon, Monozite and Garnet and waste should be made, At least four ambient air quality-manitoring stations should be established in the core zone as well as in the buffer zane for RSPM (Particulate matter with size fess than 10 micron 1.e., PMie) arid NOx monitoring. Location of the stations should be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring should be undertaken in consultation with the State Pollution Control Board, The data so racorded should be regularly submitted. to the Ministry including Its Regionai office located at Chennai and the State Pollution Control Board / Central Pollution Control Board once in six months. . Measures should be taken for control of noise levels below 85 dBA in thé work environment. Workers engaged in operations of HEMM, etc, should be provided with ear plugs / mufis. There will be zero waste water discharge from the plant. Personnel working In dusty areas should wear protective respiratory devices and they should also be provided with adequate training and Information on safety and health aspects. Occupational health surveillance program of the workers should be undertaken periodically to observe any contractions due to exposure to dust and take corrective measures, if néeded. (vill) A separate environmental management cell with sultable qualified tix) oD os) Personnel should be set-up under the control of a Senior Executive, wha will report directly to the Head of the Organization. ‘The funds eermarked for environmental protection measures should be Kept in seperate account and should not be diverted for other purpose. ‘Year wize expenditure should be reported to the Ministry ane’ ts Regional Office located at Chennal, The project authorities shoulé Inform to the Regionel Office located at Chennai regarding date of financial’ closures and final approval of the project by the concerned guthorities and the date of start of land development work. The Regional Office of this Ministry located at Chennai shall monitor compliance of the stipulated conditions, The project authorities should Page 7 of 9cx) ‘extend full cooperation to the officer(s) of the Regional Office by crternfing the requisite deta / information / monitoring rePor ‘The project proponent shall submit six monthly reports,on the status of Compliance of the stipulated environmental clearenes conditions inciu results of monitored data (both in herd copies as well a5 by ermail) to the Ministry of Environment, Forests & Climate Change + its Regional Office Chennai, the respective Zonal Office of Central Pollution Control Board and the State Pollution Control Board. The proponent shall upload the status of compliance of the environmental clearence conditions, intluding results of monitored data on their website ‘and shali update the seme perlodically. Tt shall simultaneously be ‘sent to the Regional Office of the Fimstry_ of Environment, Forests & Climate Cheoge Chennai, the respective Zonal Officer of Central Pollution Control Board and the State Pollution Control Board. (aiiy A copy of thé clearance letter shal be sent by the preponent to concemed Ponchayat, Zils Parisad/ Municipal Corporatory \Urbah Local Body and the rarer NGO, if any, frem whom suggestions representations, if any, were received while processing the propasel. The clearance letter shall also be put on the website of the Company PY the proponent. (xiv) The State Pollution Control Board should dlsplay 3 copy of the clearance Teer at the Regional office, District Industry Centre ‘and the Collector's office/ Tehslléar’s Office for 30 deys: (vy The environmental statement for seach financial yeer ending 32% Merch in cre ey oe is mandated to be submitted by He project praponent to the Toheomned ‘State Pollution Control Board 6° prescribed under the Environment (Protection) Rules, 1986, 28 ‘amended subsequently, shall ko. be put onthe website of the company ‘along with the status of Compliance of enviranmental clearance conditions and shall also be sent seitne respective Regional Ofice of the Ministry of Environment, Forests & Climate Change , Chennal by e-math, font) The project authorities should auvertise at ieast In two local newspapers of the District or State in which the project is iocated and widely tireulated, one of which shall be In ‘the vernacular language of the tocality crewed, within 7 deys af the tase of the clearance letter informing that the project has been accorded ‘environmental clearance and 2 COPY wtthe clearance letter is avaliable with the State Pollution Control Board ghd iso at web site of the Ministry of Environment, Forests & Climate Chenge at bitn://anvfornicin and 9 SoPy of the same should be forvvarded to the Regional Office ofthis Ministry jocated at Chen ‘Tne Ministry oF any other competent authority may alter/modify the above ve or stipulate any further concition In ‘the interest of environment 43, Concealing factual data or submission of false/fabricated deta and falture to comply with any of the canditions mentioned above may Page 8079Go result in withdrawal of this clearance and attract action under the Provisions of Environment (Protection) Act, 1986. > 14. _The above conditions will be enforced-inter-alia, under the provisions of the Water (Prevention & Contro! of Pollution) Act, 1974, the Air (Pravention & Control Of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the Public Uabllity Insurance Act, 1991 along with thelr amendments and rules made there under and also any other orders passed by the Horble Supreme Court of india/ High Court of Andhra Pradesh/ National Green Tribunal and any other Court of Law relating to the subject matter. 15. Any appeal against this environmental clearance shalll ile with the National Green Tribunal, if preferred, within @ period of 30 gays as prescribed under ‘Section 16 of the National Green Tribunal Act, 2010. . ZF, wy, (Dr, U. Sridharan) Scientist 'F* Copy to: 1), The Secretary, Ministry of Mines, Government of India Shastri Bhawan, New Delhi. 2). The Secretary, Department of Atomic Energy, Atomic Minerals Directorete for Exploration and Research, Government of India, 1-10-153-156, Begumpet, Hyderabed-500 016 3). The Secretary, Department of Environment, Govemment of Andhra Pradesh, Hyderabad. . 4). The Secretary, Department of Forests, Government of Andhra Pradesh, Ryderabad. 5). The Secretary, Department of Mines and Geology, Government of Andhra Pradesh, Hyderabad. 6). The Secretary, Department of Industries and Commerce (M-IIt), Govt, of Andhra Pradesh, Hyderabad. 7). The Additional Principal Chief Conservator of Forests, Regional Office Chennai, and 1" floor handloom export promotion council, 34, Cathedral Garden Road, Nungambakkem, Chennai-34, 8). ‘The Chairman, Andhra Pradesh State Pollution Control Board, Paryavaran Bhawan, A-3 Industrial Estate, Sanath Nagar, Hyderabad - 500 018 9), The Member Secretary, Central. Ground Water Authority, A2, W- 3 Curzon Road Barracks, K.G. Marg, New Delhi-120001. 20). The Controtler General, Incien Bureau of Mines, Indira Bhavan, Civil nes, Nagpur- 440 001. 11). The District Collector, District Srikakulam, State of Andhra Pradesh, 12), Guard File e 13), MOEF Website, (Dr. U. Sridharan) Scientist 'F" Page 9 of 9ieferense (PO Referee Cot. ie was decd See plaice a site vist before malting 76°08 he project waa farther considered. oy EA ae rig 29,25" 2012 wherein the Brdllet ease ee eee : he eeA duly constituted Sub-Committee of the Expert Ai allow than to stert collecting. #riroamental “det _oprpparing the BIA/EMP Repost geading visit of SB, ‘Was placed before the EAC for their considerati TEENS Coinmittee ageed shat he proparient may be elloued trcoleah baseline Gata ‘for ‘pYeparation of EIA/EMP réGiort for the fomBéoming pe monsoon season 2012. oF wisited the project sitg.or 17% March 2012 and inspected the projet activities and. also went through the compliances of the Eavirnmesital Clearaneg cariditions submitted by the project proponent. vic MoE has ieeued the Tetens'o! Reference [ToR) for undertaking doiailéd iA: study in sccordence with the provisions of the BIA. Notification dated September 2006 vide Lr.No J ~ 11015/175/2011 — IAI (M} dated. 6th July 2012. vii., In due course, the project proponent has decided to reduce the capacity of wilh: The TOR igaaed.by MoBP ig complica did the. point-wise compliance status ” expansion from 8.00 MTPA to 6.00 MIPA due to technical and maficet Sees. tn this regard, the PP got the permission from MOBF. for \ downscaling the earlier "proposal of expansion from 8.0 niillion tons per annum 1b-6.0 million tons pr annum vide letter No. J531015/175/2011~ TAIT (M) dated 09.09.2073. is inclided in the Findl BIAvrepart submitted to MOBF on,18.02.2014.:7be foint-Wise oiiiplianige SF TOR isoued By Mop Was, addressee by the PP bad discussed in detail during the meetiig The Regional Office of the Mopr, Bangalore has, cortiied: complianse-of the existing BC conditions andithe same is submitted alohiy with the Final EIA. ix, The Mine lease area is 7.20 Sq, Km & Plant area is 59.27 Ha sitdated cutsicde ML area, There is-no forest land in the lease area. Scheme ‘of __ Mining for a-farther period gf five years tom 2009-2010 te 2018-2014 was: popesiied by the Dadian Buteam of Mines vide letter. no A/SRK/MP/Garnet-Sflivd dtell ‘gls)abo0 and by Atomic Mingvais Directorate for Pxplofatin and Wesearch (AMD) by vide letter no AMD/MPA/3M/TSEL/720Ha/2009 dated 17.08.2009. The latest mining for the projéct,.is approved by AMD vide letter np AMD /MRG/TSPL/ SM/720Ha/2014 dated 15.05.2014. a Ibis reported by the Project Proponent (PP) that the mine working’ will be ‘xi, Heavy niineral sand frore 26 Temes Sun tt awe opencast mechanized mindig metiod involving dry mining and dredging. No drilling and blasting or sorting of the tmaterial at miine site are necessary. Ruun-off nine or¢ will be mined atid concentrated with advanced | envizonmental fiiendly équigmit’s ad technology, wherein gre mhatig; Conceritiation, vackilling dae Afforestation on reclaimed land takes place Simultaneously, thus limiting, fe gap between mining and rehabilitation to pre-mining stage to only a few roonths. ‘Mined /dzedged heavy Tineral’sah(d #8 soreened, shusried and pumped, to R pre-concentration plant wwhbi® latest imported equipitient's te concentrate minerals in the RON into‘three to fottr mineral rich conoeiitrates: The concentrates from the t: will be. further transported ,ta @ Minbrat Separation plant for separation of iidjvidtal minerals. s ‘oviée layétt having high slime opitent willbe ‘pdditibnaliy cleaned Hi a cleat ‘plant before it is punigiit £0 the Plant.. The extavated area willibe’sialtaneously refilled with’ tailings generate! sudtpm pre-concentrat “pBecies and make bi ‘of the-area. Pagozat? ie efforested with loéak suitable plant Siok!2 Sagat Ic is reported tonnes with by the PP that total Mineral Reserves are about 27.98 zaillion mineral reso. __ about 8 years, siv. Tt was roported by tne PP that solid waste generation Kien tonnes of sica sand which form the felect dust wasite/tailings contain shells, cyclones, ‘The tailirigs which fo dewatered by five years when 27.65 mil ‘transported pumped back afforestation. nrces37.48 million tonnes. Life of the inine is the about 22.958 jong the Fest ilow igniey of ROM will be andied. The: plAa: « “slice braiit/olime and this waste sud wil'bs, rm about 83% {ROM tbe | “or refilling the mined-out areas atid subsequent xv, ‘The total water requirement for the project is estimated 65, project-proponent already Vameedhara already recommended. River, The De vi, Ie was reported by project the ground water table, “ comprehensive hydrogeotor holds permission to draw 500 epartment of Ir the additional. any f 280, e7hr, quantt pmeyhe, Ss . ining will be cafe proponent that iminin, reer fo vanine cewatering ie: volved dice study cexried out by ‘andnita Univers submitted along with Final EIA. xvii, Ie waa reported by the i ehcary/tiges reserve/netional park, eve within the 30 senctuaty/ Heer ease, Schedule 1 species ie Olive Ridley Taille it fond sre dy atea. A detailed conservation 6s intervention BIS ig prepared and m8/lir-from She » ject proponent that there! $n ans oie by project proparent along with final BIA és I xvii, Baseline studies were ‘parameters for air, water, ‘prescribed standards. The _ Eifhe, traffic, ground water, flora & fmina ete of also submitted along with t feport. | Cpomjed out curing summer seasofi. 2012. All che: ied Oasige quality ‘were reported to pe within, study on the impact of the miing or Olive riSly 29.12.2012 near Project site: caitied out ant final SIA. HTL/LTL demarcation by ‘euuthoriaed Sgeney also cazried out and report spbmith Do d by the project eg tthe Public Heit or the project wae conducted on. : bli Hea Proleet aired by District Collector, Srikalnlam. he jostieg’ raised dine public hearing are coms Pu ad by Project Proponent that as per the vilAge‘® Fequirements, they would take care of loc and assistance in vocational ‘training ete. sidered and discussed in the final BIA. It es Prcrnloymucat; health issude, srovicing educator xx. The Andhra Pradesh Coastal ‘Zone Wanagement Avthority (APCZMA) bas tale aiier No. 6613/NV/CZMA/ 2019 dated repomme 15,02,2014 vari, The cost of the project is : protection measures is Rs.1616 lakhs jended the project 5 Rs 140 Crores. Capital Rs, 1064,00 lakhs and annus after expansion. sou, There is no court case agait inst the project. budget for environmental Si.recurring cost (8 3, ‘The BAC im its meeting held on 30% Jane, 2014 — 204 July, 2014 observed + that the block has a long patch af forest belwect ‘the proposed that the Piers mmoject proponent as proposed depths CF ine Hnoters based on the international and also Some practices the project in Orissa. os 4. The project proponent indicated from the Mining Dept while the eb jrinee Sands a mining to-a depth of ‘being followed at that he has an approved mining plan Neat yom feb ia ender process: The OFZ BAC being a Committee for protection of coastline of the country ig really ix vege& 44 “concerned about mining practices which involve excavation, whether menual or mechanical with auch depth upto9 meter, and its impact on the GW and, coastline. Riven though the activity is beyond the 100 HTL, the PP'has indicated: * that the excavated areas will be backfilled and there will be buffet of 15m. betwéen the excavation area aitd the forest area. Te Committee was of the view" that it should get the clear guideline from the MOBFCC who may like to consult with the [8M and. Atomic Minerals Division. whether such proposals with depth of excavation of such range are to’be recommended. While examining this case the MOEFCC may also like to go thiough the SCZMA recommendations imposed on the proponent regarding the proposal. ‘ 5. The project was re-examined-by the BAC in its meeting held on 28" — 30% Tanwacy, 2016 and the project proponent ieforined that: i, Mining Pian Approval obtained from Competent Authorities such as AMD vide ietter No. AMD/MRG/TSPL/SM/720 Ha/2014 dated 15.05.2014 and Indian Bureau of Mines (BM) vide letter No. AP/SR/MP/Qar-7/Hyd dated 23.09.2014, The depth up to 9 m has been permitted by AMD, TBM, ‘There are no sand dunes and forest areain the project site, There is no wildlife sanctuary/tiger reserve/national park, etc within the 10 kon radius area around the mine lease. Further’ Andhra University is carrying out monitoring studies every year since 2009. The report trom 2009 to 2012 submitted establish that the beaches have iittle potential for Schedule I species i.e, Olive Ridicy Turtle, The AU report and detailed » conservation @ intervention plan is prepared and submitted along with final BIA & EMP Report. iv, Tt is noted that in similar’ mining in Kerala, IBM vide letter No. M.11023/34/MoEF(SZ}/2014-CCOM dated 02.12.2014 comminicated that Heavy Minerdls availability has Seen proved up to depth of 8m and Aeedge mining is permitted up (o this depth below the MSL in the epproved maining Plan, 6. The RAC in its meeting held on 28% - 30% January, 2015, after deliberation recommended for grant of CRZ Clearance. The Ministey of Buvironment, Forest & Climate Change hereby accords CRZ Clearance for the above-mentioned Expansion of Srikurmam Heavy Mineral Sand Project at Vatsavalasa &Tonangi Villages in Gara Mandal in Stiliatnulam District, Andra Pradesh by M/s Trimex Sands Pvt. Ltd. under the provisions of the Coastal Regulation Zone Notification, 2611 and amendments thereto and Circulars issued thereon, and subject to the compliance of the following specific conditions, in addition ta the general conditions mentioned below: 2 FIC 3: @ “Consent to Operate” shall be obtained from State Pollution Contro! Board under Air and Water Act anc a copy shall be submitted to the Ministry before start of mining work at the'site, ] ‘The Project Proponent should obtain the NOC/Clearance from the Competent Authority, as applicable, with regerd to conservation and management plan on Ridley Turtle, (i) Soil conservation measures shell be prepared and implemented. dy Page 807 i |“<6! iv) ‘The mined out pits shall be refilled with the sand only, The Ground Water Authority shall ensure that all the mined out pits aré refilled concurrently. Site photdgraphs shall be submitted before aiitt after the mining activity to Regional Oifice of MoEF. : (7) All the conditions/recommendationg as stipulated by the Antihra, Pradesh Coastal Zone Management Authority (APCZMA), vide Jetter No, S612/ENV/CZMA/ 2013 dated 15.02.2014, shall ’be. plied with, (ri) The Mining shall be in accordance with the Mining plan approved bs AMD and TOM. eriee we * ‘tne Project Proponent shall co-ordinate with the Directorate of Tisherioy in reopect of provieing artes to Beach for feherinen. (vii) Ground water on landward side of the mining area shall 5 carrigd. out belere, during and aller mining so as.to chevk ‘the postible itspact/ sea water intrusion. eon (ix) Flantation shall be carried out on the mined out area, as committed.“ ° fx) Ground water observatory wells stiall be within and outside the mining grea prior to the mining for ground water monitoring, Project Proponent shall cary out soil analysis, ground water analysis at the site once in three months and eubmit-the samie to the State Pollution” Control Board and Regional Oifiee, MoEFCC. : fui) Digital processing of the entire mining lease area using remote aaeging technique should be carried out regularly once in thite'yess. for monitoring land use pattern. and physiographic of the’ ayee ext report submitted to the Regional Office, MoERCC, fpa]_No drilling and blasting should be involved. (aii) There shal be no ground water drawal in CRZ area, fav) ‘There shall be no mining in intertidal zone. fax) To control dust during transportation water sprinklers, #840) Adopted and also the sand transport vehicles shall be coves! with ‘Texpaulin sheets. . (evi) TCLP analysis of both mined and tail materials can be done to check The prevence of Hazardous materials ané report shall be swhmittec ‘slong with the six monthly moaitoring reports. vii) A greens bolt shell be developed aher mining and refilling block by blocks ‘ (oii) Project proponent shall ensure that mangroves/fisherfolle. (six) All the commitments made during the public hearing including the Trldgee for corporate. social responsibility shall ‘be earmaxkees for carrying out the activities. fox) Mineral processing plant shall be located outside CR2 area, 1 age ot7 he no disturbance is caused to the “20 vg Samet aes(ocr) Safety measures shall be taken for Workers to prevent, radioactive impact on health, Ail the safety regulations as applicable shall be strictly followed : padi) A prior statutory cldarances on Department of Atopic Ener” fndian Bureau of Minos, Central and State agenci¢s ds applicable shalf-be obtained. (xxii) Sand dunes should not be flattened, (GENERAL CONDITIONS S {i A copy of the clearance leiter shall also be displayed on the website of the eoucemed Scate Polintjon Control Board. Tae EC letter shall also: de displayed at the Regional Office, District Industries cuntre, and Collector's Office/ Tehsildes’s office for 30 days. (i) The funds earmarked for environmental protection measures shell be o \cept in separate account snd shall not be diverted for other purpose, Year-wise expenditure shall"be reported to this Minisiry end its " concerned Regional Office. 8, Officials from the Regional. Office. of MoEF&CO, Chennai who would be monitoring the implementation of environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their Gnepection. A complete set of all the documents eubinitted to MoBF&:CC should be forwarded to the CC®, Regional office of MoBR&CC, Chennai. 9," In the case of any change(s) in the scope of the project, the project would require a fresb appraisal by this Ministry. 10. ‘The Ministry reserves the right to add additional safeguard measures subsequently, # found necessary, and to take action including revoking of the Savironmedt clearance under the provisions of the Environmental {Protection Act, $o86, to onsure effective implementation of the"suggested safeguard measures in atime bound and satisfactory manner. 11. All other. statutory clearances such as the approvals for storage of diesel from Chief Controller of Explosives, Fire Department, Civil Aviation Department, orest Conservation Act, 1980 and Wildlife (Protection) Act, 1972 etc, shall be bined, as applicable ‘by project proponents from the respective cbrpetent authorities. : 12. Thebe stipulations would be enforced among others under the provisions of Water (Prevention and Conitrol of Pollution} Act, 1974, the Air'{Prevéntion and control of Polhition) act 1981, the Environment (Protection) Act, 1986, the Public Liability (insurafce) Act, 1991 and ETA Notification, 2006, 13. The project. proponent should adlvertise in at least two local Newspapers: widely circulated in the region, oné of which shal! be in the vernaculér language informing that the project has been, accorded Environmental Clearanée and coples of clearance letters are available with the Stare Pollution Control Board and may ‘also be seen on the Website of the Ministry of Environment, Forests & Climate Change at bitp:L/arwvenvforznicin. The advertisement shotld be made within comanswes 7 ob reesetThelia fa the matter of Goa Foundation v/s. Uaton of India, in Writ rag of 2004 ae may be spplicable to this project 3s. Any appeal against this clearance, shell lic with the 15. ual i preterved, within a period of $0 days ae ‘préeeribed Ofte Nadonal Green Tribunal Act, 2010. 16. A-copy of the clescance letter shill Ee sent by the propel 18. ctyaes Billa Parisad Municipal Corporseeet ‘Urban Local B Tao. if any, from whom suggestions) representations, if any, W Froccesing the proposal The clearance fetler sll aiso be put 7 fhe company by the proponent: 47, The proponent shall upload. the stats compliance 37. agers” including results of monitored aie Oo their web: Pay and the Local | rere received Wile on the website of ayepedagys fom the date ot ecoipt of the Clearance letter.and a cony of the sara Spy days from £05 fo tne Regional Oice of this Ministry at Snennat acai Clearance is subject to final order of the Hon’ble Supreme Court of it Petition, [Civil ational, Gres ‘undir Section 76 conditions oriodicaly. 1 shall stmultaneoney $e Gent to the Regional Office of soe ECO, the respective Zonal Office wus pon and the SPCB. The critere wiatant levels namoiy: SPM, RSPM: Son NOx (amblent leveis 2 vel! 68 ‘stack Emissions} or critical ‘ getoral parameters, indicated for tae Proj cee and displayed at ¢ convenient ‘ooation near the main. Comipany in.the public demain. qs, The environmental statement fe cach financial year ending it Kersh in “Form-V as is m |. + 'State Pollution Cont Roles, 1986, as amended absequently, shall also Dé PUL On 17) Bitbany along with the etatas of compliance __ sent to the respective ‘Regional Offices of MoBF&CC by email Copy to: . | T) Chairmen, Andhre pradesh Coastal Zone Menagerea! Conirpecretary to Govt, EES 81 Dept., Seoretariat, H; <2, The Chairman, CPCB, Parivesh Bhawan, OBD- <. gjua Nagar, Delhi = 92 9, th Chairman, nara Pradoch, Pole, onic Board, Wii industrial Area, Sanathnager, yderbab: 4, The CCF, Regional Olfice, MaBReCOIS2), X : swings, 17° Main Road, ieee cnesighla IL Blocks, Banuslore 5, Guard File. . : 6. Monitoring Cell eerie Sais Me ‘Yours faithfally, rosa to be submities by the wake ponent te the concertina ol Board a5 prescribed ‘atider the Environment (protection) she website of the Bo conditions and shall also be authority & Special jyderebad- 500 002 feum-Office Complex, EastES xO? BD Phpne 23887500 og VAN A SE Webtte soereappebapaigia ‘SANATHNAL DAD St eran Aggo.POsT wm acKous a ORDER FOR ESTAB! 82) POBICFELF vei hae De 23.05.2015 Suv: PCB - CFE - ‘Mis. Trimax Sands Pvt, Les, Vatsavalasa.(V), Gara (Mi), ‘Srikeularn district - Consent for Estabishinent (CFE) of the Board for Expansion undar Seo.25 of Water (P & C of P) Act, 1974 and Under See24 of Air (PEC of P) Act, 1964 - caved - Reg, Refi 1, EC them MoEF vide Order No. F.No.Je110:9/175/201 iA (M). dated 117104/2055 for expansion. 28-04-2076, 26/5/2015 R.O's inspection mport ot.28.05:2018. CFE Commitee meeting held of 03.60.2075, 2, 8 GAZ clearance ‘rom MoEF vide Order No.F. CEE Order No.1S2/PCB/CREIROVZW/HOV2007-. GEE Order No.S38/PORICFEROVZWHOMO 4. o.09108.2014. GFO Order No, APPCBASPIVZM/1S2IMO/CFO/2018-460, ot. 2104/2015 CFE application recsived on 18/05/2016 and add), information on Y0,11-87/2010-1AN, dated: -8.02.10:2007. {n the reference §* cited, an application was submitted to the Board seeking Consent for Establishment (CFE) for expansion:to produce the ‘éllowing products with installed capacties as mantioned below, with Rs,£0.0 crores, Gonsented as per CFO at. 21.04.2015, an additonal investment of Ene Prednis Guay HED] ‘A. Wet iinoral separation plant: 1 Nimenite Be 2 [Slimane TFEGT MS 4007 3__1Gamet 360) Byoteducts: 4 | Ruts ® ST ereon 20 8 | Minerel REA Tana i 3, Wei Plant, Tonangi (Vi: Heavy Mineral Concsnete cortaning limerile, Uren, 300 Rutla, Gemet Siimante and Coarse Game. FBesch Sand Minings ‘Winky oF Raw Sand Bilen TPA COP) 5657 TPD Atos expansion: SH Products ‘Capacity (TPO) + imeae 1100 2___| SilimanifeT Flour Fats 580, 3 Gare! 560 4 futile a 3 acon 44 §__ | Minersl Rich Faiiags 260 Tai] 2588 {9.99 milion TPA) Seach Send ini [a inieg of Sand Swilioa TPA Page tof 749 2, Aa per the appaton he Wee Pitt erimary erocesstng Par proposed tobe iocated or Syne. 162 6 144 ncogya fra ining ane cf Vetenvalaea ic Tonargl Blocks) 2 Si ineral Separation Plant (Secondary proceesing plant) at Sy. 75 19.88,178 12 So er Sao, Tee ee 139, Velemalaes (i, ae UN, ‘Sticakulem distri. Mine 1a en ercod in 20374 aes of Vateewaasa block (SY) “109, 123 to 141, 154, Tet. 162, 168, 199, 200, 208, 207, 208, 208; 211, "715, 21618 247) and ir S64 ares, of 10 ne? Se (oy Ne, bt 35.6557, 15%, 152, 190, 188, 158 165, 188. 167, 158, 159, 180, rao St ied, 183, 154, 126; 167, 68, 160. 17019 207) weer, Rayional Office, aL The above site was, thagecteld By the Aest, Enylranmental Engin Teetearas Ap Polttion Corital Boerd on 27.05.2045 and found that the sie surrounded bY * North Sand mines. South Sand mines. . East: Seo. West + Wet proces plant. a. The Boer, afer crelul eerutny of the, gppleaion Sr verification report of Regions! The Boor recemmendetions of the CFE, Gomme, ‘hereby igoves CONSENT FOR Often ord RENT Tor Expansion fo Your dct Unde Soe 35 of Water (Preveation eA Pehuton) Act 1474 anid Sean 21 of A ‘Prevarton & Goria of Petition) a cor and ne rules made tere wnde Thls.orsr 18 ‘Issved fp manufacture the rtaucte as mentioned a'patatt) Only. condor ao npn: okt te conan mentonss Ft soneaile "© “5, This Gonsent { and Sehediis 5 ° This order cued fom potson oor! pa of BH ening and ator regulations Gren considered. Encl: Scheduie ‘* ‘Schedule "8" ‘ sale MEMBER SECRETARY To iis. Trimax Sands Pvt, Ltd, ‘clo Prasad Konerw, plot NO.56, Telugu musalayya Layout ‘Srikeleutarn, PIN: 532004 copy to: +. Tho JOEE, 2.0. Viseinapetnam fet intormation and nepespary acon ‘The SORE, ES ygaageram frtrecraton an neeeseay 201° T.GFBON (huey ie JOINT CHIEF ENVIRONMENTAL ENGINEER (FAC)UH4 eo See40. Progress on im \Vizignagaram, Separate enaray meters shail he pollution Contro! equipments to ‘The proponent shall obtain Consents for ‘So0.26/26 of the Water (P&C of P) Ad, 7 P} Act, 1881, before commencement ofthe activity. plementation of the project shall be repertad to the Regional AP. Poliution Control Board ence in six months. SO SCHEDULE a Office, rovided for Effuent Treatment Plant (ETP) end Air record energy consumed. operation from APPCB, as required Under 1874 and under sec. 2 1182 of the Air (P&C of Notwithstanding anything contained in this conditional letier or consent, the Soarc hereby reserves fts right and Conirci of Pollution) Act, of Pollution) Act, 1981 meke such alternation as doomed ft Boarg, Power Under See.27(2) of Water (Prevention and 1974 and Under Se5.21(4) of Air (Prevention and Control ‘The consent of the Board shall conspicuous place for the infermation of ine inspecting officers of silferent deperiments. be exhibited to review any or all the conditions Imposed herein and to ‘and stipulate any additional conditans Dy the In the factory premises at & Compensation is to be paid for eny environmental damage caused byt, as fixed by the Collector and District Mgistrate-as civ liablty. Floor washing shell be admitted into the effluent collection system only and shall rot bs allowed to find their way in storm drains or open areas, The industry shall maintain @.goed housekeeping. All pioe valves, sewers, drains shalt be leak prooi, Dyke wells shall be constructed around storage of chemi Is Rain Water Harvesting (RWH) structure (s) shall bs established on the plant sile, The proponent shall ensure that effuent shal not enter the Rain Water harvesting structure. ‘The rules and reguiations ‘notified by Ministry of Law and Justice, GO!, regarding the Public tabifty insurance Act, 1981 shall be followed. This order is valid for period of 5 years trom the date of Issue, Water: SCHED ‘The source of water is Inflation well locsted in the Vemsadara River bed and the ‘maximum permitted water consumption after expansion is as following: TREC rs] ne z a & Taree arr a ee oy woe ee | ous 7 fuses) ‘7600 2000 4019 1000 14819 Bier]: |: [a poe = pe + eee ! irigation s 2 2 3 ” we See (Sarl ree te Page30t7« ; re No Purposs Expansion | Quantity: 7 | Process: io poate me poe te fe |e 0 Z| Spraying in Stock smeesexl—g | o | ele | @ | ™ Whos veers Te |e fel 3 3 a | Bement! 16 8 20 6 0 6 i z 2. The maximum weste water generation shall not exceed the following sfter expansion. ar Te] coune a a a No. Tet Fiant | WEEPTGR | wy piant | WORE Guarty | waren | tena we lS | exerore ee es | aes Ta 8 Canteen 2 i 4 4 4 Ss Cc Toa Bo BT oe Si BE — eS ST] RE = oer aa | sauce ey me | eat) Sager | uett | reer ates s {meee Caner a fej 3 7a oe $ Tioatment cspose: et aa AT ape fo. 7, | Process: “Thickener end clarifier “Thickener slurry water ‘shall 06 disposed In mined ‘out area of the ered psy eal Oe iy Te recy, 28 dette pores. poe SAFE 9, The Effluent Treatment Plant (ETP) shal bs constructed and commissioned and Ar Tre Fe eentol exulpment shall be stated along wih ‘he commisgicning of the actly ao aonatsof tre ETP shall ba impervious to prevent ‘ground water pollution. - 44, The effuenic ehal be treated to the on, land fo inigetion standards, stipulated uncer Tre tent (Protection) Rules, 4286, notified ame) published by Micistty of Environment Endrormats, Govemmant of nda a8 spectied i donedule VI vide 6.S.7.422 (E), Sh'tg.08:1998 and ts amendments theroct . A the unite ofthe primary 2TP shal be impervious f° prevent ground water potion. The snary ETP unis salkbe above the ground level, Separate meters wh necessary pipeine shall provided for assessing the Sepa ater used for eazn athe. prpeses enone Hao 2) Industral process and in stock yard, wetting he roads. 2 Domestic purposes, iigation nd Gardening . 8 Pronassing, whereby water gets pollted and pollstants are easily blow degradable, Processing, vihereby water gets atutes and ine pollutants are not eesiy blo-degradable. Page tortAle: m 5. ‘The Industry shall comply with the following afler expansion. The existing air pollution, control equigment shall be operaied effeciively to ensure campliance of stipulated emission standards. Consented - As per CFO order dt-21.04.2015 Si] Details oF "| Mineral separation plant/ Wet plant at Vatsavaiana(V) Ne, | stack |"Stack—1 [Stack-2 | Stack-5 [Stack—4 1 | Allached to | FED-1 (RZ | FED-2 FED-3 | FBD-4 Zircon Section) — | (Garnet (Siimanit | Section) Section) ___| @ Section) 2 | Capaciy __[7OTPH [1S TPH 46 1PH | 2 TPH 3, | Fasl from Fumnece Ol | Fuinace OR [Furnace | Furnace OF oil a, | Sack height [35h Common stack for Garnet, Siimanite and Above the Zircon of height 35 m. Ground | Datails of Air Bag titers Bag fers polison Central Squipment S| Dain orsE ‘Ri Vaisavalasa(V) | At Tonangi Sie Na. 7 Aiea ‘Stacke= 6 ‘Stagk=@ Sax_7, 2,__| Capacity” BS Set DESets no's [DS Bet 3. | Fuel ror 100 KV 1500 KVA each [2000 KVA | Stack height Above | Diesel Diese! Diesel the Ground 3] Detais of alr ee 20 18R patton Control Ecuipment Clasad shed wih | Ciosed shed wih [Closed shed wit silencers benoers sllencers Proposed: At Vatsavalase Wet Plant Site SL] Detalls oF Smek | SHCk-4 | Stack-2 [Stack S| Stack=4 | Stacks Now 1, | Atiached to Desa jOSSa | FaOT | Faoz | Febs ‘HyGarnet | (Silimante | (Sitimantie Socten | / Balt aii | Sintering) Senton) Z_ [Capac FISKVA_[D0O0KVA [25TH sen a0 TPH 3._| Fuel trom Diesel | Cies¢) | Furnace | Fumace | Furnace “foil Oil OL at Sack Reet TSC PAGE Tas is. PSs his "36 ws, (Above the Ground, : & | Detaiis ofAir "| Closed | Closed | Bag Tilers | Bag titers | Bag titers olluton Control | shed with } shed with Equipment silencers _| silencers No procass emissions are expected in Wet Plant. Dust extraction systems ars to be provided in Minera Separation Plant (Secondary Processing Plant) to control air potution. Water sprinklers shall be provided for dust suppression ‘A sampling pert with removable dummy of not iess then 18 cm diameter shall bs Provided in the stack at e distance of & times the diameter of the stack from the nearest constraint such as bends ete. A platform with euitanle ladder shal be provided below 1 meter of sampling port to accommodate three persons with insirumanis, A 15 AMP 250 V plug point shell be provided on the platform, Pegs of 7