IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.17345 of 2009 Between: M/s.BVR.Minerals, rep. by its Managing Partner, B.Venugopal Reddy and another ..... Petitioners AND 1.The Government of India, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and 6 others. .....Respondents Counsel for the Petitioners: Smt.N.Shoba Counsel for respondent Nos.1, 4 & 5: AGP for Mines & Geology Counsel for Respondent Nos.2, 3 & 6: AGP for Revenue Counsel for Respondent No.7: None appeared The Court made the following: Order: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of the respondents, in proposing to allocate and alienate the mineral bearing land comprised in Survey No.37 of Khanapuram Village, Khammam Urban Mandal and District, forming part of mining lease areas admeasuring Ac.20-00 and Ac.47-30 guntas granted to petitioner Nos.1 and 2 respectively, vide G.O.Ms.No.76, Industries and Commerce (M.III) Department, dated 10-04-1997, and G.O.Ms.No.33, Industries and Commerce, dated 02-02-2009, as illegal and arbitrary. The petitioners, who were granted mining leases under the above-mentioned GOs, for extraction of Dolomite, felt aggrieved by the action of the respondents in seeking to allot the mineral bearing area for housing purpose under the State Government Schemes viz., Rajiv Swagruha and Indira Housing Schemes. It is their pleaded case that mining lease is in operation from the date of its grant and that respondent No.6 is allotting the house site pattas, under the above- mentioned housing schemes, overlapping the areas, in respect of which the petitioners were granted mining leases. It is further pleaded that the State Government, having realized that the revenue authorities have been granting house site pattas over the lands having rich mineral yield, issued GO.Ms.No.74, Industries and Commerce (MI) Department, dated 16-02-2002, wherein it has been inter alia directed that the lands having rich/concentrated mineral wealth should not be allotted for any purpose other than mining. Petitioner No.1 has earlier filed W.P.No.2570 of 2009 against the proposed allotment of the subject area for house sites and this Court disposed of the same by Order, dated 12-02-2009, directing the respondents therein that before any house site pattas are granted in and around the land in Survey No.37 of Khanapuram Village, they shall take into account G.O.Ms.No.74, dated 16-02-2002. The petitioners, however, pleaded that in pursuance of the said Order of this Court, respondent No.5- Assistant Director of Mines and Geology vide his proceedings, dated 20-03-2009, submitted a detailed report to respondent No.3- Collector, Khammam, that the entire area is mineral bearing area and that there cannot be any allotment of house site pattas in and around the said area and ultimately, requested him to issue necessary instructions to respondent No.6- Tahsildar, Khammam Urban Mandal, not to allot house site pattas in the aforesaid Survey number. The petitioners also pleaded that after filing of the present Writ Petition, the respondents have left out the overlapping areas and maintained only a distance of 50 meters treating the same as safety zone; that on coming to know about the same, the petitioners have submitted a detailed report that leaving of 50 meters as safety zone will not be sufficient. On the basis of the said report, the Revenue Divisional Officer is stated to have submitted his report, dated 27-02-2011, to respondent No.3 wherein he has recommended for leaving of atleast 150 meters as safety zone. It is also pleaded by the petitioners that the Assistant Director, Mines and Geology addressed letter, dated 11-02- 2011, to the District Collector stating that the subject area consists of mineral dolomite, which is a unique and rare mineral in the state of Andhra Pradesh due to its low facile content and that as the inhabitants around the mining area are likely to be affected, the safe margin of 500 meters, as fixed by the Supreme Court, while disposing of a batch of Civil appeals filed by quarry/crusher owners of RR Distrtict, shall be maintained from the blasting source. Having regard to the above facts, the petitioners pleaded that their request for leaving of atleast 150 meters as safe zone needs to be considered. The petitioners have, therefore, sought for a direction to the District Collector to consider the report of Assistant Director, Mines and Geology and the Revenue Divisional Officer and take an appropriate decision. The petitioners have filed WPMP.No.7488 of 2011 with a specific prayer in this regard. No counter-affidavit has been filed by respondent Nos.2, 3, 6 and 7. A counter-affidavit is filed by respondent No.5 wherein it is inter alia stated that in the interest of mineral conservation and development, the Revenue Department may be directed to defer the allotment of house sites not only in survey No.37 but also in areas elsewhere having rich mineral deposits. It is further stated that the conservation of mineral may go a long way in meeting the requirements for future generations; that 50 meters distance, which was left by the Revenue Department for safety purpose, will not be sufficient and; that the same should be atleast 500 meters as the mineral extraction requires blasting and related activity. In the light of the opinion expressed by respondent No.5, in his report, stated to have been submitted to respondent No.3, and also in the counter-affidavit, filed before this Court, respondent No.3 is bound to consider the request made by the petitioners to leave a reasonable area as safe zone to enable them to exploit the dolomite mineral, which is described as a very rare and scarce mineral. In this view of the matter, respondent No.3 is directed to consider all the reports referred to above and the contents of the counter-affidavit filed by respondent No.5 and take appropriate decision on the petitioners’ request for leaving atleast 150 meters as safe zone for execution of housing schemes. Respondent No.3 shall pass appropriate order and communicate the same to the petitioners within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.Nos.22741 of 2009 and 7488 of 2011 are disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 15th June, 2011 lur