I RENUKA Vs. COLLECTOR KHAMMAM KHAMMAM DISTRICT

JUDGEMENT

(1.) The first petitioner was granted quarry lease over an extent of 2.00 hectares of land in Survey No. 171/1 of Maddulapally Village, Khammam District vide proceedings dated 04.02.2005 for extracting black granite. The lease is valid till 2023. The 2nd petitioner was granted lease in the immediate neighbourhood in the same survey number over an extent of one hectare on 05.05.2007 for a period of 20 years for the same purpose. The 7th respondent is the Sarpanch of the Village. The land in Survey No. 171 belongs to Government and it is vast in extent. An idol of Kaalikamaatha was installed in a part of the land in Survey No. 171 in the year 1995. Disputes arose as to the installation thereof and correspondence ensued. A Trust for the maintenance of the Temple came into existence and the 6th respondent is its Chairman.

(2.) Respondents 6 and 7 made a representation to the District Collector, Khammam, with a request to alienate Ac.0.08 guntas of land in Survey No. 171, where the deity was installed. The 1st respondent called for reports from respondents 2 and 3 and on a consideration of the same, passed an order dated 04.12.2009 directing alienation of Ac.0.20 cents i.e. Ac 0.08 guntas of land in Survey No. 171 on payment of market value fixed at Rs. 50,000/- per acre. The petitioners feel aggrieved by the said proceedings.

(3.) The petitioners contend that the construction of Temple in the neighbourhood of the land leased to them would hamper and hinder their mining activity. They also submit that the 1st respondent did not take into account the objections raised by them and that the deity was installed with an oblique motive. According to the petitioners, the quarrying of the valuable granite in part of Survey No. 171 would become impossible on account of construction of Temple. Reliance is also placed upon certain orders passed by the Hon'ble Supreme Court in S.L.P. No. 8519 of 2006.