ANI MINES AND MINERALS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) Brief facts of the case are that the Petitioner made an application on 20/3/2006 to the Director of Mines and Geology, who is the 3 rdrespondent herein for grant of Prospecting Licence(PL) for Mica, Quartz, feldspar and vermiculite, over an extent of Ac.317.40, in survey No. 504, Chaganam Village, Sydapuram Mandal, Nellore District for a period of two (2) years. Thereafter, on considering the said application (PL) of the petitioner, the 2 nd respondent herein, granted licence in favour of the petitioner, vide G.O.Ms. No.72, Industries and Commerce (M.I) department, dtd. 31/3/2007 granting Prospecting License for Mica, quartz, Feldspar and vermiculite, over an extent of 115.98 cents, in Sy.No.504 of Chaganam Village, Sydapuram Mandal, Nellore District for a period of two (2) years in terms of Sec. 11(5) of Mines Mineral (regulation and development Act, 1957 (central Act 67 of 1957) and the Rules made there under and also the conditions in form -F prescribed under the Mineral Concession rules, 1960.Pursuant of the orders vide G.O.Ms.No.72, dtd. 31/3/2007, the petitioner executed a Prospecting Licence Deed in form "F" on 13/4/2007 and consequently the 5thRespondent herein issued proceedings No.1110/M/2006, dtd. 13/4/2007, according permission and granted PLin favourof the petitioner to commence operations for the minerals stated therein for a period of two (2) years from 13/4/2007 to 12/4/2009. It is stated that the petitioner has also obtained permission for undertaking blasting operations along with others vide proceedings of the Deputy Chief Controller of Explosives, Hyderabad vide E.Misc.No.E/ SC/AP/ 22/802/(E28603), dtd. 15/6/2007. In pursuance of the same, the petitioner has employed 25 labourers for carrying on digging the mineral and arrangements made for drinking water supply (Dug bore wells) and rest place for the labourers.

(3.) The counter affidavit has been filed by the respondents No.2 to 5 denying all the allegations made in the petition. In the counter affidavit, it is stated that, in pursuance of the orders of the Hon'ble High Court, the Petitioner has filed review petition before the Revisional authority and the Revisional Authority vide Final Order No. 01/2020, dtd. 14/1/2020 in Revision Application File No. 02(03)/2013/RC.II came to the conclusion that, the Petitioner could not produce any material or document to substantiate that no part of the area under Prospecting License granted to him was subject matter of any Mining Lease as directed by the Hon'ble High Court. On the contrary, the State Government affirmed in the course of hearing that the part of the Prospecting License area granted to the Petitioner was earlier under Mining Lease and hence disposed of the Revision Application finds that no ground to interfere with the Order No. 130/2011, dtd. 11/2/2011. Hence, aggrieving the orders of the Government of India dtd. 14/1/2021 the Petitioner filed the present Writ Petition. It is stated that, as per the records of this office the Government vide G.O.Ms.No.291, Industries and Commerce Department, dtd. 4/3/1967 granted a Mining Lease for Mica over an extent of 308.27 Acres in Sy.No.504 (55.80 Acres) and 505 (207.47 Acres) of Chaganam Village and Sy.No.528 (45.00 Acres) of Molakalapoondla Village, Sydapuram Mandal for a period of 20 years in favour of Sri G.Venkateswara Rao and the same was executed vide Rc.No.A 10.3745/67, dtd. 20/8/1967 of the District Collector, Nellore. In this Mining Lease, out of the 308.27 Acres granted area an extent of 55.80 Acres was present in Sy.No.504 of Chaganam Village, Sydapuram Mandal, and hence, while granting the Prospecting License to the Petitioner vide G.O.Ms.No.72, Industries and Commerce Department, dtd. 31/3/2007 this area of 55.80 Acres which earlier under Mining Lease was deleted and granted an extent of 115.98 Acres only against the applied extent of 317.40 Acres in Sy.No.504 of Chaganam Village, Sydapuram Mandal, where there are no Mining Leases granted earlier. Further it is stated that, this Respondent Office Technical Staff has inspected the subject area on 5/7/2016 and reported that, part of the Prospecting License area granted in favour of the Petitioner vide G.O.Ms.No.72, Industries and Commerce Department, dtd. 31/3/2007 is covered under the Mining Lease area granted vide G.O.Ms.No.548, dtd. 16/6/1976 for Mica and Vermiculite over an extent of 89.76 Acres in Sy.No.504 (87.00 Acres) and 512 (2.76 Acres) of Chaganam Village, Sydapuram Mandal, SPSR Nellore District in favour of Sri D.Narayana Reddy for a period of 20 years from 9/8/1976 to 8/8/1996. Further reported that, the subject area was inspected by the then Technical Assistant on 5/1/2000 and reported that, there are four (4) abonded pits in the subject area on the day of inspection and the photos downloadedfrom Google website for the year 2002 also reveals that, there are old mine workings at the subject area. Hence, concluded that part of the area granted under the subject Prospecting License is subjected mining operations earlier under Mining Lease grant. It is stated that, in the subject Prospecting License granted area part of the area is under granted Mining Leases earlier and part of the area is virgin and thereby there is a need to prospect the area to establish the availability of mineral as per the Sec. -5(2) of the Mines and Minerals (Regulation and Development) Act, 1957.In view of the above, it is therefore prayed that this Hon'ble Court may be pleased to dismiss the writ petition.