V GIRISH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the Petitioner, while questioning order dated 06-02-2007 passed, in Memo No. 13991/M.II (D/2006-1, by the first respondent-Government, seeks declaration that the aforesaid order is illegal, in violation of principles of natural justice and contrary to the provisions under the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules, namely Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the aforesaid Act.

(2.) The dispute in this Writ Petition relates to grant of quarry lease for colour granite, which is a minor mineral, governed by Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Development and Regulation) Act, 1957. By the impugned order, in exercise of powers under first proviso to Rule 12(5)(b) of Andhra Pradesh Minor Mineral Concession Rules, 1966, the first respondent-Government permitted the Director of Mines and Geology to issue necessary orders for grant of quarry lease for colour granite, in Sy. Nos. 305, 306 and 307 of Thotakurapalem village, Ravikamatam Mandal, Visakhapatnam District, in favour of respondents 6 to 8 herein, by overlooking prior applications.

(3.) The Petitioner submitted application for grant of quarry lease for colour granite over an extent of 6 hectares in Sy. Nos. 305, 306 and 307 of Thotakurapalem village, Ravikamatam Mandal, Visakhapatnam District, on 07-11-2003, in form 'P', duly following all the formalities as contemplated under the Rules and by depositing an amount of Rs. 67,500/-. The said application was received by the Assistant Director of Mines and Geology and acknowledged vide Lr. No. 2659/Q/2004, dated 18-12-2004. On receipt of the said application, it was forwarded to the Mandal Revenue Officer, Ravikamatam Mandal to know the availability and classification of the land and also to know whether the said land is a Government or Patta land, with reference to the entries in revenue records. The Government has issued orders, in G.O.Ms. No. 181, Industries & Commerce Department, dated 25-08-1998, which are in the nature of executive instructions, fixing time limits at different levels for disposal of the applications filed for prospecting licence/mining lease; as per which, on receipt of application, the Assistant Director of Mines and Geology concerned shall fix the date of inspection and send one set thereof to the Mandal Revenue Officer concerned. The Mandal Revenue Officer has to send a report to the Assistant Director of Mines and Geology within a period of 30 days by duly marking a copy to the District Collector. If the District Collector is in agreement with the report of the Mandal Revenue Officer, he need not make any further report to the Director of Mines and Geology; however, if the District Collector disagrees with the recommendation of the Mandal Revenue Officer, he will send his recommendation to the Director of Mines and Geology. It appears, the Mandal Revenue Officer, Ravikamatam vide proceedings dated 09-07-2004, addressed letter to the District Collector, Visakhapatnam informing that the Gram Panchayat, Thotakurapalem, has given consent for grant of quarry lease, for colour granite in favour of respondents 6 to 8 herein and has not given consent in favour of the Petitioner as he is a non-local, hailing from Kakinada in East Godavari District. Further, the District Collector, Visakhapatnam also addressed letter dated 06-05-2006 in Rc. No. 4381/2004 E.5, to the Director of Mines and Geology informing that the Gram Panchayat has given consent in favour of respondents 6 to 8, as they are locals of Visakhapatnam District and not given consent in favour of the Petitioner. When the application of the Petitioner was not considered, he approached this Court and filed W.P. No. 18172 of 2005, which was disposed of with a direction for consideration of his application in the light of Rule 12(5) of the Rules. In view of the communications made by the District Collector to the Director of Mines and Geology, who, in turn, addressed to the Government, the Government passed the impugned order mainly on the ground that the Gram Panchayat, Thotakurapalem passed unanimous resolution dated 08-07-2004 stating that since nonlocals do not have proper understanding of the problems of the Gram Panchayat and natural resources are to be exploited by only locals, preference should be given to local people belonging to Visakhapatnam District, for grant of lease. In the impugned order, it was observed that in absence of any consent and cooperation from the Gram Panchayat, Thotakurapalem, non-locals cannot carry on quarrying operations and accordingly directions were issued to the Director of Mines and Geology to consider the applications of respondents 6 to 8 by overlooking priority.