VERIGAMTO NAVEEN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) IN these two sets of appeals, the appellants are calling in question two orders made by two Full Benches of the High Court - One on 2/09/1994 and the other on 4/03/1996.

(2.) THE Government of Andhra Pradesh declared, on 7-1-1974, that the barytes ore bearing areas in Mangampett and Anandarajpet of Cuddapah District are reserved exclusively for exploitation in the public sector however excluding the lands that had already been leased to private persons. By two notifications issued on 10-2-1975 and 19-2-1983, the Government of Andhra Pradesh granted mining lease over an extent of different areas in favour of the Andhra Pradesh Mineral Development Corporation (hereinafter referred to as 'the Corporation'). On 6-1-1991, the Government of Andhra Pradesh accorded permission for grant of sub-lease by the Corporation subject to certain terms and conditions mentioned in G. O. Ms. No. 215 dates 22-4-1980. The Government of Andhra Pardesh by different orders accorded permission for grant of sub-lease for further extent of lands in the month of May 1991. The Government of Andhra Pardesh on 1-12-1993 took decision to put an end to all the existing sub-leases in order to enable the Corporation to carry on the mining operations directly and on 7-12-1993, the Government withdrew permission granted earlier to the Corporation to grant sub-leases in respect of certain areas.

(3.) NEXT the Full Bench examined as to whether the order directing the premature determination of the sub-lease without complying with Section 4A(3) of the Act or withdrawing consent for sub-lease without notice is invalid in law. On examination of the scheme of the Act, the Full Bench found that undisputedly barytes is a major mineral and Section 4A(1) of the Act is attracted only in cases of major minerals and in the present cases, the State Government could not have exercised that power as available under Section 4A of the Act because that was reserved only to the Central Government.