shiva granites company ltd

7/28/2019 Shiva Granites Company Ltd

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BEFORE THE EXPERT APPRAISAL COMMITTEE FOR ENVIRONMENTALAPPRAISAL OF MINING PROJECTS (NON-COAL)

MINISTRY OF ENVIRONMENT & FORESTS

AFFIDAVIT

I, P.Babu Prasada Reddy, S/o. P.Ramakrishna Reddy, Aged 52

years, R/o. 28-1383/3, New Balaji Colony, Chittoor, Chittoor District

do hereby solemnly affirm and state on oath as follows:

1. I am the deponent herein as such I am well acquainted with the

facts of the case.

2. I submit that we have been granted lease for quarrying black

granite over an extent of 5 hectares in Paradarami Range Forest of

Chittoor District in the name of our company M/s. Shiva Granites. The

lease has been granted by the Government of Andhra Pradesh under

Government Order dated 03-10-2008. The Forest Department has also

diverted the said extent of land for the purpose of quarrying. The

Department of Mines & Geology has also executed a lease granting the

area for the purpose of quarrying for a period of 20 years i.e. from the

year 2011 to 02-10-2031.

3. I submit that we have obtained required permission and

necessary sanctions from all the concerned departments. In fact, we

have been paying the dead rent for the area without even commencing

the production. I submit that the grant of quarrying lease made in our

favour, has been challenged before the Honble High Court of Andhra

Pradesh in W.P.No. 26459 of 2008 and W.P.No. 6805 of 2009 by the

rival parties. In the said case there is no interim order passed either

staying the order of grant or prohibiting us from commencing the


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quarrying operations. Besides, the Pollution Control Board is not made

a party in any of these proceedings.

4. I submit that I authorized Mr. Srideep Reddy to submit certain

details and clarifications sought by the concerned authorities, the said

authorized person of the firm who appeared on behalf of the firm in

my absence who is not conversant with day to day affairs of the firm

inadvertently has reported that there are no cases pending before the

Court. I further submit that the said statement is made on account of

oversight coupled with paucity of time due to which he was not able to

to know the entire facts of the issue thus the said mistake has crept in,

which is neither intentional nor wanton while apprising the details

whether any cases are pending or not before any Court with regard to

grant of lease. It is apt to state herein that the petitioners in the said

W.P. No. 26459 of 2008 and W.P.No. 6805 of 2009 sought for interim

direction. The interim directions sought for are reproduced hereunder.

Honble Court may be pleased to stay all further proceedings in

pursuance of the impugned order of the first respondent bearing

Rc.No. 33401/2003/F-2 dated 27-09-2008 pending disposal of the Writ

Petition

and

Honble Court may be pleased to suspend the G.O.Ms. No. 120

dated 03-10-2008 issued by the 1st respondent, pending disposal of

the Writ Petition

It is respectfully submitted that the Honble High Court of Andhra

Pradesh was not inclined to grant the same as such there is no legal

impediment. I further submit that apart from the above referred writ

petitions there are no other proceedings either filed or pending in


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respect of the area of grant of lease to me in any of the Honble

Courts. I submit that all the concerned departments have already

granted statutory clearance to start the operations. All the necessary

steps have been taken to conduct quarrying operations without

causing any pollution. While matter stood thus, while the process of

permission of quarry lease was on the verge of finalization, subject to

the permission of this authority which is the final one. At this juncture

postponing the process of project by this Honble Authority may not be

warranted since the information submitted with regard to pendency of

cases is by virtue of bonafide mistake committed by my authorized

person. The said information given is imperceptible and may not have

any direct bearing to hamper the process of project solely basing upon

the information with regard to pendency of cases instead the authority

could continue the ongoing process for pollution clearance since the

Honble High Court has not granted any interim orders.

5. I also submit that we have invested huge amount i.e. Rs.

45,90,000/- (Rupees Forty Five Lakhs Ninety Thousand only) for Net

Present Value (NPV); Rs. 4,00,000/- (Rupees Four Lakhs only) for

compensatory afforestation; Rs. 4,80,000/- (Rupees Four Lakhs Eight

Thousand only) for fencing, protection and regeneration and raising

and maintenance of enrichment plantation in lieu of safety zone. We

have obtained stage-II clearance from the Government. We were

issued execution proceedings for quarrying from the department of

Mines and Geology. We have paid dead rent of Rs. 2,75,000/- (Rupees

Two Lakhs Seventy Five Thousand only) and we have furnished

security deposit postal passbook for Rs. 2,75,000/- (Rupees Two lakhs

Seventy Five Thousand only) and we have complied other conditions


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shiva granites company ltd

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