K SATYANARAYANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In these writ petitions, the petitioners have sought for a declaration that the various orders issued by the State Government in G.O.Ms. No.1, dated 1-1-2001, G.O.Ms. No.356 dated 22-11-1999, G.O.Ms. No.183, dated 1-3-2000 and G.O.Ms. No.165 dated 23-2-2000 of the Industries and Commerce (Mines I) Department are arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and for a further declaration that they are beyond the legislative competence and rule making power of the State, conferred by virtue of Mines and Minerals (Regulation and Development) Act, 1957 (Parliamentary Act) being contrary to the objectives and provisions of the said Act.

(2.) By reason of the G.O.Ms. No.1, Industries and Commerce (MI) Department dated 1-1-2001, the Governor of Andhra Pradesh in exercise of the powers conferred by sub-section (1) of Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the said Act' for the sake of brevity) made certain amendments to the A.P. Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules' for the sake of brevity) issued in G.O.Ms. No.1172, Industries and Commerce (Mines) Department, dated 4-9-1967. By reason of the said amendment, Rule 9-B of the Rules has been substituted as under:

(3.) Mr: P.S. Narayana, learned Counsel for the petitioners submitted that the attempt of the State to delegate its power to various Departments of the State as regards the grant of lease for quarrying the sand, contrary to the provisions of the Act, persistently would appear from the orders issued by the Government in G.O.Ms. No.356, dated 22-11-1999, G.O.Ms. No.183, dated 1-3-2000 and G.O.Ms. No.23-2-2000 were issued. The learned Counsel pointed out that the Government earlier issued G.O.Ms. No.71, Panchayat Raj and Rural Development Department, dated 29-2-2000 framing the rules, relating to auction of sand in water courses, tank beds etc., called A.P. Panchayat Raj (Auction of the Sand in Water Courses vesting in Gram Panchayat) Rules, 2000, the validity of which was questioned in Writ Petition Nos.6242 and 8255 of 2000 and a learned Single Judge by judgment dated 24-11-2000 set aside the said G.O. declaring it as ultra vires the Panchayat Raj Act, 1994. The learned Judge held that Section 268 read with Section 95 of the A.P. Panchayat Raj Act could not have been taken recourse to for the purpose of framing the said rules for holding auction in relation to sand which is a minor mineral as the same is governed by the provisions of the Parliamentary Act and the State Government can make rules only in terms of Section 15(1) thereof and it cannot traverse beyond the scope and ambit of the said Act. Admittedly, the impugned rules have been framed after pronouncement of the said judgment.