UNDERTAKING AFFIDAVIT

I, (Name) son/ daughter/ wife of , resident of

(address), do hereby solemnly affirm and swear as under:-
1. That I had been granted lease for mining (Mineral), in the land admeasuring
hectares, in survey No(s) , of village, mandal/Taluq of
district of Andhra Pradesh State, on . The lease period is effective from to
2. That I was involved in quarrying the mineral aforesaid from the year .
3. That on my application for Environmental Clearance, for the present
"operations, it
was noticed by concerned authorities (SEIAA) that the mining was/is in
operation
without a valid Environmental Clearance (EC) and is observed to be a
Violation'
as per applicable statute in vogue.
4. That, prior environment clearance was not taken for the said mining lease as
per
the provisions of Environment Impact Assessment Notification, 2006
(hereinafter
called as "EIA Notification, 2006") as no clearance was required for mining
lease
of areas less than 5 hectares vide entry 1(a) in schedule to the EIA Notification,
2006. That considering the Judgement of the Hon'ble Supreme Court in
Deepak
Kumar vs. State of Haryana, AIR 2012 SC 1386 it is compulsory for any lease
holder to get environmental clearance under the EIA Notification, 2006.
5. As on this date I am not having a valid Environmental Clearance
substantiating
the produced quantity, issued by Ministry of Environment, Forests & Climate
Change (MoEF & CC) for continuing mining operations.
6. That Ministry of Environment, Forest and Climate Change vide
notification
number S.O. 804 (E), dated 14th March 2017 has notified the process for
appraisal of projects for grant of Terms of Reference and
Environmental
Clearances, which have started the work on. site, expanded the production
beyond the limit of environmental clearance or changed the product mix
without
obtaining prior environmental clearance as mandated under the EIA
Notification,
2006 and permitted project proponents to apply for environment clearance
under
this notification only within six months from the date of the said notification.
7. That the Hon'ble Supreme Court, vide judgment dated 2nd August 2017 in
Writ
Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union
of
 India and Ors., has passed a detailed order interpreting Section 21(5) of the
MMDR Act, 1957 and directing payment of 100% penalty for illegal mining
operations with reference to the relevant statutes, which inter-alia, include the
Environment (Protection) Act, 1986, the Water (Prevention and Control of
Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981,
the Forest (Conservation) Act, 1980 and the Mines and Minerals (Development
& Regulation) Act, 1957.
8. That Ministry of Environment, Forest and Climate Change vide
notification
number S.O. 1030(E) dated 8th March 2018 to streamline and
expedite
consideration of proposals, has decided that projects/activities covered under
category 'B' shall be considered by the SEAC/SEIAAs in the
respective
States/UTs.
9. That Ministry of Environment, Forest and Climate Change
vide Office
Memorandum F.No.Z-11013/22/2017-IA.II (M) dated 16th March 2018 in light
of
the orders of the Hon'ble High Court of Judicature at Madras vide Order dated
14th March 2018 in WMP Nos. 3361 and 3362 of 2018 and WMP No. 3721 of
2018 in WP No. 11189 of 2017 has granted 30 days additional time from the
dated of that order to make fresh applications to those who have not
submitted
applications till then and also directed proponents who have already made
applications in terms of the S.O. 804 (E), dated 14th March 2017 to submit
applications afresh within 30 days.
10.That Ministry of Environment, Forest and Climate Change "vide Office
Memorandum F.No.3-50/2017-IA.III(Pt.) dated 30th May 2018 in terms of the
directions given by the Hon'ble Supreme Court, in judgment dated 2 nd August
2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause
versus Union of India and Ors., has issued directions to the project
proponents.
11. That I am aware of the scoping and appraising of my Environmental Clearance
(EC) application is subject to the condition(s) that I will follow all the Rules,
Regulations, Bye-laws made there under from time to time related with the
quarry operations that I have proposed in the quarry plan. I am also aware
that the above Rules, Regulations, Bye-laws made there under can be from any
Governmental department which is directly or indirectly related to the quarry
operations and/or ancillary operations of quarry aforesaid.
12.1 am aware that I must follow the orders made there under if any by any Hon'ble
court(s), Government Orders / Letters / Directions of Govt. of Andhra
Pradesh, Notifications /Office Memorandums of by Ministry of Environment,
Forests & Climate Change (MoEF&CC), or/and publications, amendments
made there under if any from time to time.
13.1 am aware that the Environmental Clerance will not be operational till such time I
 comply requirements and judgment of Hon'ble Supreme Court dated the 2nd
August 2017 in Writ Petition (Civil) No.114 of 2014 in the matter of Common
Cause versus Union of India and Ors.
14.1 am also aware that I must pay the penalties imposed, if any, from time to time
whether they are prospective or retrospective and connected with the
operations for which Environmental Clearance (EC) is requested for.
15.1 am also aware that the present appraising of Environmental Clearance (EC)
application will be subjected to changes if any, depending on the legal
outcomes, amendments in statute(s) and/or policy changes.
16.1 am also aware that the appraising of the present Environmental Clearance (EC)
application is subject to submission of Bank Guarantee equivalent to the sum
needed for redemption management plan and natural & community resource
augmentation plans. These will be the value as calculated by 'Accredited
consultant' who is engaged by me.
17.1 am also aware that the falsification of the information submitted if any in the
supporting documents or measurements for arriving at Bank Guarantee, will
make my Environmental Clearance (EC) appraisal liable to be rejected
forthwith, pending further criminal actions applicable if any, along with
forfeiture of the Bank Guarantee submitted by me.
18.1 am also aware that the present appraising of Environmental Clearance (EC)
application shall not form a prejudice to any other law applicable to the nature
of operations for which the appraisal is requested for. I am also aware that the
'Bank Guarantee' shall be for a period equivalent to the time needed for
carrying the redemption works, and resource augmentation works if any.
19. That I undertake to comply with all the statutory requirements and judgment
of
Hon'ble Supreme Court dated the 2nd August 2017 in Writ Petition (Civil)
No.114
of 2014 in the matter of Common Cause versus Union of India and Ors., before
grant of Terms of Reference (ToR)/ Environmental Clearance(EC).
20. That I undertake inter-alia, not to repeat any such violation in future.
21.1 am aware that in case of violation of above undertaking, the Terms of Reference
(ToR) / Environmental Clearance shall be liable to be terminated forthwith.
22.1 am also aware that this appraisal is being made only on my request and
affidavit.
23.1 am submitting this Notarized Affidavit purely on my will and wish only to
obtain Environmental Clearance (EC) proceedings and as a guarantee that I
am willing to carry out the redemption and resource augmentation works
proposed.
Sworn and signed before me
On this the day of DEPONENT
NOTARY