T SATYANARAYANA Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The policy of the State Government incorporated in G.O.Ms.No.190 Industries & Commerce Department dated 22-11-1995 with regard to the right of quarrying sand bearing areas in the State of Andhra Pradesh and the consequent statutory rules issued in G.O.Ms.No.46 Industries & Commerce Department dated 6-2-1996 are challenged in this batch of writ petitions.

(2.) All the petitioners are lessees of sand quarries; the leases granted in their favour in accordance with the earlier rules came to an end sometime in the year 1994. When the Government changed its policy in the year 1994 throwing open the sand bearing areas for free exploitation without insisting upon the requirement of any lease, the same was challenged in a batch of writ petitions -W.P.No. 3466 of 1994 & batch - in this court by persons in whose favour leases were in existence by the date of change of policy by 5-9-1994. When the batch of writ petitions -W.P.No 3466 of 1994 & batch - came up for hearing on 1-12-1995, it was represented to the court that the Government had changed its policy and re-introduced the system of grant of leases. During the pendency of the said batch of writ petitions, interim orders were issued by this court to permit the petitioners to work the sand quarries till the expiration of their leases. The government's stand before the Division Bench was that persons in whose favour there were valid leases would not be be disturbed until the expiry of the lease period. Recording the same, the Division Bench comprising Lingaraja Rath and P.Ramakrishnam Raju, JJ., disposed of the batch of writ petitions as infructuous on 1-12-1995.

(3.) Sand is one of the minor mineral as per the definition contained in sub-clause (e) of Section 3 of the Mines and Minerals (Regulation & Development) Act, 1957 (for short "the Act"). The State Government, by Section 15 of the Act, is empowered to make rules in respect of minor minerals. The new policy contemplated in G. O. Ms.No 190 dated 22-11 -1995 was statutorily given effect to by G.O.Ms.No 46 dated 6-2-1996 substituting Rules 9-B to 9-U in the place of the previous Rules 9-B to 9-1 of the Andhra Pradesh Minor Mineral Concession Rules, 1996 (for short "the Rules").