G RAGHAVA DAS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These three writ Petitions involve a common question of law as to the interpretation of Section 2 of the Forest (Conservation) Act, 1980 (Act 69 of 1980).

(2.) The brief facts are as follows:

(3.) The petitioner in Writ Petition No. 6357 of 1983 was granted a mining lease for one year on 23-5-1980 over an extent of 9 acres 30 cents in Tadepalli, Mangalagiri Taluk for murram and road metal. He made an application for renewal on 11-2-1981 within the specified time. The application was rejected by the Deputy Director of Mines and Geology by order dated 3-4-1981 on the ground that the applied area is situate in a reserve forest and as per Ordinance No. 17 of 1980 (later replaced by Act 69 of 1980) "reserved areas should not be put for a non-forest use". The petitioner carried the matter in appeal to the State Government under Rule 35 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. The State Government by its order dated 30-4-1983 dismissed the appeal. It is the validity of these two orders that is challenged in Writ Petition.