Extracted from the PDF above. The PDF is authoritative.
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APHC010116852026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 6552 OF 2026 Between:
1. UBR MINERALS, Represented by its Partner Pallisetty Udaya Bhaskara Rao, D.No.27-1-1642, Balaji Nagar, Nellore-524002. Sri Potti Sriramulu Nellore District, Andhra Pradesh. ...Petitioner AND
1. UNION OF INDIA, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change (MOEFCC), Government of India, Indira Paryavaran Bhawan, Delhi- 110001. 2. The State Environment Impact Assessment Authority SEIAA, Rep, by its Member Secretary, D.No.33-26-14 D/2, Near Sunrise Hospital, Chalamavari Street, Kasturibaipet, Vijayawada Andhra Pradesh. 3. State Of Andhra Pradesh, Rep. by its Principal Secretary Department of Mines and Geology, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh- 522241.
...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the
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inaction of the respondents in considering the petitioners proposal for grant of Environmental Clearance in respect of the petitioners land admeasuring Ac.479.54 cents (194.069 hectares), despite transfer of the proposal by the competent authority and despite repeated representations including representation dated 06.02.2026, as illegal, arbitrary, violative of Article 14, Article 19(1)(g), and Article 300-A of the Constitution of India, and contrary to the provisions of the EIA Notification, 2006 and its amendments, and consequently direct the respondents, particularly the 2nd respondent, to take up, consider, and dispose of the petitioners Environmental Clearance proposal strictly in accordance with law within a time frame to be fixed by this Hon‟ble Court, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner's Environmental Clearance proposal, which was transferred by the Ministry of Environment, Forest and Climate Change vide Letter dated 14.08.2023, by considering the petitioner's representation dated 06.02.2026 and pass Counsel for the Petitioner: BHARGAV THIMMARAJU Counsel for the Respondents: S SRAVANA SANDHYA (CENTRAL GOVT COUNSEL) Counsel for the Respondents:BOLLA VENKATA RAMA RAO SC For APPCB Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order:
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ORDER: (per Hon’ble Sri Justice D.Ramesh) The present writ petition is filed seeking the following relief:
“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the petitioners proposal for grant of Environmental Clearance in respect of the petitioners land admeasuring Ac.479.54 cents (194.069 hectares), despite transfer of the proposal by the competent authority and despite repeated representations including representation dated 06.02.2026, as illegal, arbitrary, violative of Article 14, Article 19(1)(g), and Article 300-A of the Constitution of India, and contrary to the provisions of the EIA Notification, 2006 and its amendments, and consequently direct the respondents, particularly the 2nd respondent, to take up, consider, and dispose of the petitioners Environmental Clearance proposal strictly in accordance with law within a time frame to be fixed by this Hon’ble Court, and pass….”
2. Heard Mr. Bhargav Thimmaraju, learned counsel for the petitioner and Sri Bolla Venkata Rama Rao, learned standing counsel appearing for the respondents.
3. Pursuant to the directions of this Court, learned standing counsel appearing on behalf of respondent no.2 has placed instructions of respondent no.2 dated 17.8.2026. Though in the instructions, he has admitted about the remitting the matter about the Ministry of Environment and Forest & Climate Change for projects falling under category „A‟ (Central level) or from the State level Environmental Impact Assessment Authority for projects falling under Category-„B‟ (State level) 14.8.2023 to respondent no.2. But pursuant to the same, the proponent has to made an application for environmental clearance through PARIVESH portal if any application is filed by the proponent in the said portal along with the requisite documents as per the E.I.A. Notification,
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2006, the same would be considered by respondent no.2 and would pass appropriate orders. In the instant case, the petitioner has not made any application.
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Learned counsel appearing on behalf of the petitioner has requested short time to file an application through above said portal for environmental clearance in respect of the petitioner‟s land admeasuring Ac.479.54cents to the competent authority.
5. Considering the said submissions without going into the merits of the case, the Writ Petition is disposed of giving liberty to the petitioner to make a fresh application through PARIVESH portal within a period of two (02) weeks and on uploading such application, the same may be considered basing on the relevant record as per the regulations and pass proper orders, if required, by giving an opportunity of hearing to the petitioner. The said exercise shall be made within three (03) months from the date of uploading the application. No costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
____________________________________________ JUSTICE A. HARI HARANADHA SARMA
Date: 24.8.2026 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION No.6552 of 2026 Dated: 24.8.2026 RD