IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 5438 of 2004 Between: T.S. Mallikarjuna Rao S/o T. Sambaiah R/o Lalupuram Village Guntur Rural Mandal, Guntur District ..... PETITIONER AND 1 Union of India, rep by Secretary, Ministry of Environment & Forest, Paryavaran Bhavan, C.G.O. Complex, Lodhi Road, New Delhi 2 Union of India rep by its Conservator of Forests (Central Regional Office (sourthern Zone) Kendriya Sadan, IV Floor, E&F Wings, 17th Main road, II Block, Koramangala, Bangalore 560034 3 Government of Andhra Pradesh, rep by Secrtary, Environment, Forests, Science & Technology Department, Secretariat Buildings, Hyderabad 4 Divisional Forest Officer, Guntur .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Writof Mandamus, declaring the Notice in Rc. No. 667.02/DM dt 3-3-2004 on the ﬁle of the 4th respondent as being illegal, arbitrary and violative of Art.14 of the Constitution of India and consequently suspend the same and directing the respondents to put the petitioner in possession of the forest land over an extent of 3.61 Hectors situated in Bollapalli reserve Forest, Ravulapuram Beat, Vinukonda Range, Guntur Forest Division, Guntur district, by permitting the petitioner to carry on mining operations in the said land Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5438 of 2004 ORDER: The petitioner made an application for grant of quarry lease in forest reserve land at Bollapalli over land admeasuring 3.61 hectares in respect of slate stones. As the lease of forest land is governed by the Forest (Conservation) Act, 1980, and forest land cannot be converted into nonforest land for commercial purpose without prior permission from the Central Government, the Government of Andhra Pradesh sent proposal to Central Government. The proposal was granted after some correspondence subject to condition of the petitioner paying net present value (NPV) at 6.76 lakhs per hectare. The same was communicated in G.O.Ms.No.112 dated 20.12.2003. Thereafter fourth respondent issued impugned notice/order dated 03.03.2004 calling upon the petitioner to deposit Rs.24,40,360/- for 3.61 hectares at the rate of Rs.6.76lakhs per hectare. Assailing the same instant writ petition is filed. When the writ petition was ﬁled in March, 2004, grievance of the petitioner was that without handing over reserve forest land for the purpose of slate stones/quarrying, he cannot be called upon to pay NPV as determined therein. This Court while admitting the writ petition on 23.03.2004 suspended the impugned notice/order. Subsequently the same was modiﬁed directing the petitioner to deposit Rs.10,00,000/- pursuant to the impugned notice/order. It appears that the petitioner already deposited said amount and land has been handed over, whereafter the petitioner is engaged in slate stones. In view of the above subsequent event the challenge to the impugned notice/order does not survive. Even otherwise as held by the Supreme Court in T. N. Godavarman Thirumulpad v. Union of India [1] whenever forest land is diverted for nonforest purposes, the consequent loss of beneﬁts accruing for the forest should be compensated by payment of NPV. NPV amount was directed to be paid to the Central Government. Therefore, the petitioner cannot be escaped from the same. The petitioner’s counsel requests that there is illegal quarrying going on in the area and therefore, the petitioner is not quarrying even at present. He seeks sometime to pay balance NPV of Rs.14,40,360/-. Having regard to the fact that the writ petition is pending before this Court and the petitioner could not immediately take up commercial exploitation of slate stones/quarrying, it would be appropriate to permit him to pay a sum of Rs.10,00,000/- within a period of three months from the date of receipt of a copy of this order to fourth respondent towards NPV. The balance of Rs.4,40,360/- shall be paid by the petitioner within one month after paying ﬁrst installment of Rs.10,00,000/-. If the petitioner fails to pay the installments within the time stipulated as above, it shall be open to fourth respondent to evict the petitioner and take possession of the same. With the above observations and directions, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 05th November, 2008 Note: Issue Order copy by 10.11.2008. (B/o) GHN To 1 Union of India, rep by Secretary, Ministry of Environment & Forest, Paryavaran Bhavan, C.G.O. Complex, Lodhi Road, New Delhi 2 Union of India rep by its Conservator of Forests (Central Regional Office (sourthern Zone) Kendriya Sadan, IV Floor, E&F Wings, 17th Main road, II Block, Koramangala, Bangalore 560034 3 Government of Andhra Pradesh, rep by Secrtary, Environment, Forests, Science & Technology Department, Secretariat Buildings, Hyderabad 4 Divisional Forest Officer, Guntur 5 2CCs to Assistant Solicitor General 6 2CD copies Form-NIC-OGS/WP{TRT} [1] AIR 2005 SC 4256