PURUSHOTHAMPALLI GRAM PANCHAYAT Vs. STATE OF ANDHRA PRADESH INDUSTRIES AND COMMERCE DEPT SECRETARIAT HYDERABAD

JUDGEMENT

(1.) The petitioner is Purushothampalli Gram Panchayat represented by its Sarpanch. The present writ petition is filed questioning the policy decision of the Government of Andhra Pradesh vide G.O.Ms.No. 328, Industries and Commerce (Mines-I) Department, dated 14-9-1998 declaring itspolicy relating to grant of sand lease (for short the said decision would be referred to as "sand policy")- According to the new sand policy the sand bearing areas in Krishna and Godavari Rivers along with their major tributaries, Thungabadra having potential sand bearing areas shall have to be notified for auction in small reaches, preferably village-wise by the Director of Mines and Geology. In all other remaining areas in the State, the local bodies concerned are authorised to hold public auction the right for removal of sand and utilise the revenue so collected for themselves. The present policy decision is in supersession of the policy decision notified in G.O.Ms.No. 218, Industries and Commerce (M.I.) Department, dt. 17-7-1998. According to the petitioner, the Government has no justification in issuing the present revised policy by excluding the villages which are situated along with the Rivers of Krishna, Godavari and their tributaries, to deprive the respective Gram Panchayats their legitimate right to collect the revenue by auctioning the right to remove the sand. It is the case of the petitioner that the villages which are similarly situated, but not along with the Rivers Krishna, Godavari and their tributaries, are allowed to sell the right to remove sand by holding public auction and utilise the funds so realised by the respective Gram Panchayats. The same benefit ought to have been given to the villages situated along with the Krishna, Godavari Rivers and their tributaries. In nut-shell the petitioner complains discrimination,

(2.) Sand is a minor mineral and quarrying of sand is regulated by A.P. MinorMineral Concession Rules, 1966. Normally the right to quarry the sand and the areas are leased out by sealed tenders or auction. Such of the areas which are not leased out by sealed tenders or auction, alternative arrangements are made by the Director for 'quarrying sand in order to protect the monetary interest of the Government- The Gram Panchayats are not vested with any rights whatsoever in the matter of quarrying of sand. It is common knowledge that vast extent of sand bearing areas with potential to raise money by holding public auction are situated along and adjacent to Krishna, Godavari Rivers along with their major tributaries like Thungabadra. Those areas are rich potential sand bearing areas. The Government in its wisdom thought it fit to notify those areas for public auction in small reaches, preferably village wise. The obvious purpose is to raise and augment financial resources of the State. Any Government would be legitimately entitled to take such measures, and adopt such policies in its discretion to improve its financial resources. The wisdom behind such policy decision cannot be a subject matter for enquiry by this Court in exercise of its judicial review jurisdiction. The Government of the day has power to formulate its policy and to change the same from time to time depending upon the exigencies of the situation. The Government in the present case thought it fit to change its sand policy as was notified in G.O.Ms.No. 218, dated : 17-7-1998 and formulate the present policy after reviewing its previous policy based on representations received from the people and members of the public. The Government has untrammelled power to change, rechange, adjust and readjust its policy taking into account the relevant and germane considerations. It is not as if" the policy once formulated is good for ever. Variety of considerations and inputs may go into formulation of policies.

(3.) It is obvious that potential sand bearing areas are found in the adjoiningareas of Krishna, Godavari rivers along with their major tributaries and the Government would obviously be in a position to increase its financial resources by notifying those areas for auction. The remaining areas in the State may not be potential sand bearing areas. The money that could be realised by putting the same to public auction may not be of any significance. The Government in its wisdom thought it fit to make the amounts to be so realised in other areas to be utilised by the respective local bodies. There is nothing wrong or illegal with the policy decision. It is not as if the rights of the Gram Panchayat are taken away by the new policy. No statutory or vested right of any Gram Panchayat is sought to be taken away by the Government through its new policy formulation. It is true that some additional benefit may have been conferred upon the local bodies situated in those areas other than Krishna, Godavari areas and their major Tributaries basin. The local bodies that are situated in the area of those rivers cannot insist that they should also be given the same benefit. Variety of considerations may have crept into consideration by the Government while formulating the new policy. The complaint of discrimination, in my considered view, does not arise, where there is no violation of any right.