KOTTE MINING INDUSTRIES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a Partnership Firm and one of its activities is to undertake mining operations. It is stated that the petitioner owns Acs.28.00 of land in survey Nos. 188, 692, 693 and 697 of Thamminapatnam Village, Chillakur Mandal, Nellore District. There are deposits of silica sand upon the land. The petitioner submitted an application, on 03.06.2009, before the Deputy Director of Mines and Geology, with a request to grant mining lease for quarrying the silica sand. G.O. Ms. No. 181, dated 28.05.1998, issued by Industries and Commerce Department directs that a mining lease can be granted, in respect of any land, only when the Tahasildar of the area issues No Objection Certificate (NOC). The procedure to be followed, in this regard, is also indicated. As provided for under the G.O., the application of the petitioner was forwarded to the Tahasildar, Chillakur Mandal, the 5th respondent herein. However, he did not respond within a reasonable time. The petitioner filed W.P. No. 18856 of 2009 feeling aggrieved by the inaction of the respondents. The writ petition was disposed of on 10.09.2009 directing the respondents therein, to process the application and complete the process. The District Collector, Nellore, the 2nd respondent, issued proceedings, dated 16.04.2010, directing the 5th respondent to enquire into the matter and submit a report. In compliance with the same, the 5th respondent submitted his report dated 26.07.2010, stating that the land is patta in nature, and there are cashew nut trees upon the land, and recommended for grant of NOC. Further, correspondence has ensued among the authorities of the Revenue Department. Ultimately, through proceedings, dated 09.04.2012, the 2nd respondent informed the petitioner that in view of the memo, dated 26.04.2007 issued by the Government, no lease can be granted for quarrying silica in the area.

(2.) It is stated that though the Government issued the memo, dated 26.04.2007, directing cancellation of the existing leases and prohibiting grant of further leases, for quarrying silica in nine villages of Chillakur Mandal, the project did not materialise and the Government itself granted leases, over the areas in the villages covered by the memo. The petitioner challenges the proceedings, dated 09.04.2012, issued by the 2nd respondent, as Illegal, arbitrary and discriminatory.

(3.) Separate counter-affidavits are filed by respondents 2 and 4. According to them, the special economic zone is contemplated in the area and applications in that behalf are pending. It is stated that the land, as regards which, the petitioner sought lease is covered by the identified area for special economic zone.