Disposed

M.Chandra Rao, v. The Government of Andhra Pradesh

Telangana HC18 Aug 2015WP/18993/2013

Case brief

AI extract

What is this about?

Writ petitions challenge denial of quarry dispatch permits due to protected forest notification. The High Court closed the petitions after accepting the Divisional Forest Officer's statement clarifying that the leased mining area falls outside the specific forest limit notified on April 16, 2013.

What did the court decide?

Writ petitions closed without specific orders on costs.

M.Chandra Rao, Vs The Government of Andhra… — Mining and Natural Resources | Telangana HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

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FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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W.P.Nos.18991, 18992, 18993 & 18994 of 2013

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W.P.No.18991/2013

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Between:

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M/s. Gontuvanipalem Girijana Quarry Workers Industrial Co-operative Society, Gontuvanipalem Village, Rep. by its President Pallala Bodiyya.

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… Petitioner

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And

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1. The Government of Andhra Pradesh, rep. by its Principal Secretary, Forest and Environment Department, Secretariat, Hyderabad, and others.

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… Respondents

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DATE OF JUDGEMENT PRONOUNCED: 18-08-2015

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SUBMITTED FOR APPROVAL:

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THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

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1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

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2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

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3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment

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THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

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W.P.Nos.18991, 18992, 18993 & 18994 of 2013

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COMMON ORDER:

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The petitioners state that they belong to Scheduled Tribe Community and are the members of M/s. Gontuvanipalem Girijana Quarry Workers Industrial Co-operative Society, situated at Gontuvanipalem Village, Addateegala Mandal, East Godavari District. They made application dated 18.02.2006 before the 3^rd respondent for grant of quarry lease for road metal in Sy.No.207/1 of Gontuvanipalem Village, Addateegala Mandal, East Godavari District. Accordingly the 3^rd respondent vide proceedings dated 4.07.2008 accorded permission for a period of 10 years with effect from 4.07.2008 to 3.07.2018 subject to provisions of A.P. Minor Mineral Concession Rules, 1966. Thereafter, the petitioners deposited security deposit apart from seignorage fee. When the petitioners approached the 3^rd respondent for grant of dispatch permits for the road metal excavated by them in the leased out premises, the 3^rd respondent refused to grant permission on the ground that the 2^nd respondent has addressed a letter dated 16.04.2013 stating that 1230 acres of land in R.S.No.207/1 of Gontuvanipalem Village was notified as protected forest area under Section 24(10) of the A.P. Forest Act. When the authorised officials were interfering with their quarrying activity, the present writ petitions are filed.

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The 2^nd respondent-Divisional Forest Officer filed counter affidavit stating as follows:

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“The Sy.No.207/1 in an extent of 500 Acre approx (1235 acres) was notified under Section 24 of

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the A.P. Forest Act, 1967 as protected forest vide G.O.Ms.No.247/F&RD (For-III) Department, dated 22.03.1978. Divisional Forest Officer, Flying Squad Division, Rajahmumdry already clarified to the Assistant Director, Mines that the Assistant Director Mines feels/confirms that the mining leased area falls out side the Forest area (1235 Acres) he can proceed as per Rules in Vogue vide Rc.No.67/2012/FSD dated 14.06.2013. Hence it is submitted that this respondent never objected the petitioner for his mining activity.”

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In view of the statement of the Divisional Forest Officer, Flying Squad Division, Rajahmundry, no further orders are necessary in these writ petition.

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Accordingly these writ petitions are closed recording the statement of the Divisional Forest Officer, Flying Squad Division, Rajahmundry. As a sequel miscellaneous petitions, if any, shall also closed. No order as to costs.

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_____________________________ A. RAMALINGESWARA RAO, J.

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18^th August, 2015 Js.

M.Chandra Rao, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M.Chandra Rao, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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