POKARNA LIMITED Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this batch of writ petitions, the legislative competence of the State Legislature in enacting Section 2(e) of the Andhra Pradesh Urban Areas (Development) Act, 1975 (for short "the Urban Area Development Act") including mining operations within the expression of "development" is challenged as ultra vires, unconstitutional and beyond the competence of the State Legislature.

(2.) The relevant facts, shorn of details, necessary for disposal of all these writ petitions are as under: M/s. Pokarna Ltd., Secunderabad - Petitioner in WP No.12302/2006 was granted a quarry lease for a minor mineral, colour granite, over an extent of Ac.4-90 cents in S.No.960 of Madikonda village, Hanumakonda Mandal, Warangal District vide proceedings No.14812/K5/95 dt. 26-8-1996 of the fourth respondent- Director of Mines & Geology, Hyderabad for a period of 15 years on petitioner executing a lease deed before the sixth respondent- Assistant Director of Mines & Geology, Warangal in Form-G. The Assistant Director issued work order proceedings No.2639/Q/ 96 dt.4-9-1996 limiting the lease period from 4-9-1996 to 20-4-2010 as the pattadar's consent was up to 20-4-2010. While so, the second respondent-Kakatiya Urban Development Authority, represented by its Vice-Chairman, Warangal (for short "KUDA") published an advertisement calling upon the lease-holders of minor- mineral to seek no objection certificate from KUDA on payment of usual charges. On issuing such advertisement, the petitioner and other companies by way of application dt. 23-2-1998 requested the Government of Andhra Pradesh to exclude its quarry lease area along with other surrounding quarry lease areas from development area under Section 13 (2) (a) of the Urban Area Development Act and to declare the same as "mining zone". On the said representation, the first respondent by its letter dt.10-9-2001 indicated certain guidelines. Thereafter, KUDA issued proceedings No.C1/505/2003 dt. 16-6-2003 permitting six quarry lease owners to continue mining operations declaring the said quarry lease as "temporary mining area" subject to certain conditions. KUDA by notice dt. 10-11-2003 directed the petitioner to pay a sum of Rs.9,62,765/- towards application fee as per resolution passed by it and development charges for change of land use. The petitioner while registering its protest deposited Rs.3,08,365/- on 28-11-2003 with a request to issue permission without insisting any further charges. KUDA by its letter dt. 30-1-2006 called upon the petitioner to pay the balance amount of Rs.6,54,400/-. The petitioner paid Rs.3,54,400/- on 11-5-2006 by way of pay order No.010701 dt. 10-5-2006. For not paying the balance of development charges as demanded through notice dt 10-1-2003, KUDA by proceedings No.C1/505/03 dt. 27-5-2006 cancelled NOC/temporary permission issued by proceedings dt. 16-6-2003. Questioning the demand notice dt. 10-11-2003 for payment of application fee and development charges to a tune of Rs.9,62,765/- and cancellation of No objection Certificate by KUDA vide its proceedings No.C1/505/03 dt. 27-5-2006, the above writ petition came to be filed.

(3.) M/s. Imperial Granites Private Limited, Siddartha Nagar, Kajipet, Warangal -Petitioner in WP No.11764/2004 was granted quarry lease in respect of colour granite, a minor mineral, in S.Nos.907, 908, 909/AB, 1001 and 1002/1 of Madikonda village, Hanumakonda Mandal, Warangal District by the Director of Mines & Geology, Hyderabad. The Assistant Director of Mines & Geology, Warangal by proceedings dt. 19-10-1993 accorded sanction to continue quarrying operations over an extent of Ac.9-00 cents in S.No.1002/1 of Madikonda village for a period of 15 years with effect from 8-7-1992 to 7-7-2007. Further, the Assistant Director of Mines and Geology, Warangal, by proceedings dt. 11-10-1994 accorded sanction to work over an extent of 6.350 hectares in S.No.907, 908, 1001/A and 1001/B of patta land and S.No.1002/1 of Government Land of Madikonda Village for a period of 15 years from 11-10-1994 to 10-10-2009. Further, the Deputy Director of Mines and Geology, Warangal by proceedings dt. 30-12-1993 accorded sanction to the petitioner to work over an extent of 1.980 hectares in S.No.909/B of Madikonda village for a period of 15 years from 7-4-1994 to 6-4-2009. KUDA issued a notice in RC No.C1/505/2003 dt.31-10-2003 calling upon the petitioner to pay an amount of Rs.58,05,480/- in favour of Vice-Chairman, KUDA, Warangal through DD drawn from any nationalized bank within 15 days from the date of receipt of the notice, failing which, necessary action will be initiated against the said quarry operations made in the site as per the provisions of the Urban Area Development Act. Questioning the said notice, the above writ petition came to be filed.