SAMATHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Samatha, a Rural DevelopmentSociety of Peda Mallapuram Sankhavaram Mandal, E.G. district filed writ petitions seeking a writ of mandamus directing respondents 1 to 4 to terminate the mining leases in existence in the Borram Gram Panchayat Area of Ananthagiri Mandal, Visakhapatnam district and to prosecute the persons responsible for violation, of Section 2 of Forest (Conservation) Act, 1980 and Section 3 of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959.

(2.) The petitioner-society was formed for implementation of various welfare schemes of the Government, creating awareness among the tribal people regarding their rights and duties etc.

(3.) The village Borra is a village lying in Ananthagiri hills of Visakhapatnam in the north-west corner of S. Kota. The area is particularly characterised by occurrence of mica and crystallying limestone (calcite). the mining activity in the area was started. in the year 1946 and currently there are five organisations operating in an area of 1250 acres and the same is notified as reserve forest in Borra Block vide G. O. Ms. 2997, dated 31-10-1988 notifying an area of 1072 hectares. The Andhra Pradesh Scheduled Areas Land Transfer Regulation of 1959 covering the agency are a was brought into effect on 4-3-1959 covering Visakhapatnam and East Godavari Districts. Thereafter Regulation I of 1959 was brought in, prohibiting the transfer of the land by tribals to non-tribals. It is stated that respondents 1 to 4 have granted mining leases in favour of lessee-respondents by violating the provisionsof Forest (Conservation) Act, 1980,and, therefore, they have no right to carry on the operations in the agency area.