THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.15505 of 2007 Date: 31st January, 2008 Between :- Bhavani Girijana Quarry Workers Labour Contract Co-operative Society Ltd., Devaram, Devipatnam Mandal, E.G.Dist, Rep.by its present Turram Ramalakshmi And 2 others .. Petitioners And Deputy Director of Mines and Geology East Godavari District at Kakinada And 3 others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.15505 of 2007 ORDER:- Heard Sri K.Venkatesh, the learned Counsel representing the Writ Petitioners and the learned A.G.P. for Industries. 2. The learned Counsel representing the writ petitioners had taken this Court through the contents of the affidavit filed in support of the Writ Petition and also had pointed out to the proceedings No.457/Q1/2006, dated 27-1-2007 and proceedings No.458/Q1/2006, dt.27-1-2007 wherein the applications of similarly placed persons had been considered and the grants had been made. Hence, the learned Counsel would submit that this would fall within a Reserved Forest area and hence, the permission of District Forest Officer is necessary, cannot be a sustainable contention. 3. On the contrary, the learned A.G.P. for Industries had taken this Court through the contents of the counter affidavit and would maintain that the District Collector, East Godavari District, Kakinada, had instructed in the task force meeting held on 18-12-2006 and instructed the Asst.Director of Mines and Geology, Rajahmundry to refer all the applications in Agency area to the District Forest Officer concerned and obtain NOC and basing on this office letter vide Lr.No.52/Q1/06, dt.29-12-2006, 1508/Q1/2006 dt.29-12-2006 addressed the District Forest Officer, Kakinada, and requested to inform whether the Quarry Lease applied areas are falling within the forest area or outside the forest area so as to take further necessary action in the matter, but no report has been received from the District Forest Officer, Kakinada so far. The learned Counsel would maintain that since whether this particular area would fall within the Reserved Forest area or not, unless the same is decided, no further action can be taken on the applications of the petitioners. 4. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents 1 and 2 in not granting quarry lease in respect of the land to an extent of Hec.2.00, 1.00 and 1.00 in Sy.No.207/1 of Gonthuvanipalem village, Addateegala Mandal, East Godavari District in pursuance of the applications made by the petitioners for grant of quarry lease to quarry road metal and bolders as wholly illegal, arbitrary and discriminatory and consequently direct the respondents 1 and 2 to grant quarry lease in favour of the petitioners and to pass such other suitable orders. 5. The 2nd petitioner had sworn to the affidavit filed in support of the Writ Petition. It is averred in the affidavit that the 1st petitioner is Co-operative Society formed with Tribals as its members and that the 2nd and 3rd petitioners also belong to Scheduled Tribe community. It is also stated that the petitioners submitted individual applications in form “B” of A.P.Minor Mineral Concession Rules 1966 to the 1st respondent requesting to grant quarry lease to quarry road metal and bolders institutions Sy.No.207/1 of Gonthuvanipalm village, Addateegala Mandal, East Godavari District which is a scheduled area. Further it is stated that the applications have been made by the petitioners on 28-12-2005, 17-11-2005 and 18-2-2006 respectively to the 2nd respondent and that the Gram Panchayat, Gonthuvanipalem has passed a resolution stating no objection for grant of quarry lease in favour of the petitioners. It is also stated that the Mandal Revenue Officer conducted an enquiry and also recommended for grant of quarry lease in favour of the petitioners vide proceedings dt.6-12-2005, 9-11-2006 and 18-8-2006 and also further stated that the Revenue Divisional Officer, Rampachodavaram had also forwarded the applications to the 2nd on 22-8-2006. Further it is stated that the 4th respondent had also stated that the proposed land for which quarry lease is sought for has been classified as Poramboke and non-forest land. It is also averred that inspite of the recommendations of the respondents 3 and 4, the 2nd respondent had not passed any order to grant quarry lease in favour of the petitioners. Further it is stated that the petitioners have been asked on several occasions to appear in order to conduct joint survey work with Revenue Officials but inspite of completion of Joint survey so far no lease has been granted in favour of the petitioners. It is also further averred that applicants who applied along with the petitioners namely K.Pothuraju and P.Suribabu, their cases for grant of quarry lease in Sy.No.207/1 of Gonthuvanipalm village, Addateegala Mandal, East Godavari District have been considered and orders dt.27-1-2007 have been passed by the 2nd respondent for extraction of road metal. It is also stated that so far the petitioners’ cases have not been considered to grant quarry lease in respect of land situated in Sy.No.207/1 and that the action of the respondents 1 and 2 in not considering the applications of the petitioners for grant of quarry lease inspite of recommendation of the respondents 3 and 4 is wholly illegal, arbitrary and unjust. It is further averred that Sy.No.207/1 of Gonthuvanipalm village, Addateegala Mandal, East Godavari District consisting of about 1431 acres of land and the petitioners have applied to an extent of Hec.2.00, 1.00 & 1.00 respectively and further stated that the respondents 1 and 2 are bound to consider and dispose of petitioners’ applications within a reasonable time as per A.P.Minor Mineral Concession Rules. In such circumstances, the writ petitioners approached this Court praying for appropriate reliefs. 6. The learned Counsel representing the Writ Petitioners had placed strong reliance on Rule 9 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and the said Rule deals with authority to grant quarry lease or permit and the same reads as hereunder:- (i) Every application for grant or renewal of quarry lease for any minor mineral except sand and granite useful for cutting and polishing in respect of a land shall be made in Form-B to the Assistant Director of Mines and Geology in whose jurisdiction the land lies. (ii) No quarry lease shall be granted in respect of areas covering any tank or river bed, irrigation or drainage channel and of lands under the control of the Public Works Department, a Municipality, or a local authority except after consultation with the Executive Engineer of the Division or the River Conservator, or the Commissioner of the Municipality or the Block Development Officer of the Panchayat Samithi or the concerned Executive Officer appointed under Section 30 of the Andhra Pradesh Gram Panchayats Act, 1964, as the case may be. (iii) In respect of minor minerals except those mentioned in sub-rule (5) of Rule 12 which are worked to meet the immediate or timely requirements, the Assistant Director may permit to carry on quarrying operations on payment of seigniorage fee in advance. (iv) Permit granted under sub-rule (iii) shall in no case be for more than sixty days. Provided that the applications for grant of a lease or a permit in respect of a reserve forest land shall be disposed of after consultation with the Divisional or the District Forest Officer concerned. 7. In the counter affidavit filed by the 2nd respondent, it is stated that it is a fact that M/s.Bhavani Girijana Quarry Workers LCC Society, Sri G.China Satyanarayana and Smt.P.Sanyasamma have applied for grant of quarry lease in Sy.No.207/1 Gonthuvanipalm village, Addateegala Mandal, East Godavari District on 5-1-2006, 18-11-2005 and 13-3-2006 respectively and also stated that it is a fact that the Gram Panchayat of Gontuvanipalem village has also passed a resolution stating that there is no objection for grant of quarry lease in favour of the petitioners. Further it is averred that it is also a fact that the Mandal Revenue Officer, Addateegala had informed that the applied area in survey number is Hill as per “A” register of Gontuvanipalem village and the total extent of the said survey number is 1431.80 Acs., out of which 500 hects (1235 Acs) was handed over to Forest Department and that further, the Mandal Revenue Officer, Addateegala has forwarded Gram Panchayat Resolution only without mentioning his specific remarks to grant of quarry lease in Sy.No.207/1 of Gontuvanipalem village. Basing on this office letter vide Lr.No.4731/Q1/2006 addressed the Mandal Revenue Officer to give clear recommendation so as to dispose of the applications. Further, the Mandal Revenue Officer, Addateegala vide Ref.B/292/05, dt.18-8-2006 had submitted report stating that the Sy.No.207/1 of Gonthuvanipalm village, Addateegala Mandal, East Godavari District is a hill and classified as Hill Poramboke and no objection to give the lands. Further it is stated that the Revenue Divisional Officer, Rampachodavaram had endorsed the same and forwarded to the Assistant Director of Mines and Geology, Rajahmundry to take necessary action as per law. Further, again the Mandal Revenue Officer vide Ref.B/292/05, dt.9-11-2006 informed that he is submitting the factual report for considerations of the applications of the persons i.e., Sri G.Ch.Satyanarayana, S/o.Bhavani Girijana QWLCC Society, Sri B.Ramakrishna and Smt.P.Sanyasamma as they are not abutting the petitioners land and hence the Revenue Divisional Officer has no objection for quarrying lease. It is also further averred that the Mandal Revenue Officer, Addateegala, vide Ref.B.292/05, dt.11-10-2006 addressed to the Revenue Divisional Officer, Rampachodavaram and informed that 1) Sri Yellapeddi Veerabhadra Rao, Gontuvanipalm land owner in Sy.No.204 had filed an objection petition stating that he got a land in Sy.No.204 adjacent land to the land in R.S.No.207 (for which permission for grant of quarry lease proposals submitted) and at present palm oil crop is existing in his land and the crop will damage due to the fallings blasting rock peaces into the palm oil trees and also in the seasonal crop raise from time to time and requested not to accord permission for NOC and the sitting panchayat has passed resolution for not issuing of NOC to the individuals in the recommended area and further he informed that as the objection petition was received by him, subsequent to the lease proposals were submitted to the Assistant Director of Mines and Geology on 18-8-2006 and hence, the proposals submitted earlier may please be treated as invalid proposals and requested the Revenue Divisional Officer to accord permission to transmit the same to the Assistant Director of Mines and Geology, Rajahmundry. It is also stated that the Revenue Divisional Officer, Rampachodavaram had endorsed the same above and forwarded to the Assistant Director of Mines and Geology, Rajahmundry to take necessary action on the Mandal Revenue Officer’s report. Further it is stated that it is a fact that two Quarry Leases have been granted in favour of Sri k.Pothu Raju and Sri P.Suri Babu in Sy.No.207/1 of Gonthuvanipalm village, Addateegala Mandal, East Godavari District. Further it is stated that the District Collector, East Godavari District, Kakinada, had instructed in the task force meeting held on 18-12-2006 and instructed the Asst.Director of Mines and Geology, Rajahmundry to refer all the applications in Agency area to the District Forest Officer concerned and obtain NOC and basing on this office letter vide Lr.No.52/Q1/06, dt.29- 12-2006, 1508/Q1/2006 dt.29-12-2006 addressed the District Forest Officer, Kakinada, and requested to inform whether the Quarry Lease applied areas are falling within the forest area or outside the forest area so as to take further necessary action in the matter, but no report has been received from the District Forest Officer, Kakinada so far. Further it is averred that the applied areas in Sy.No.207/1 of Gontuvanipalem village are falling in the Agency area and as per the instructions of the District Collector, East Godavari District, Kakinada, this office has addressed District Forest Officer, Kakinada, to inform whether the applied areas are falling within the forest areas or outside the forest area. But no report has been received from the District Forest Officer, Kakinada until so far. Further it is also averred that the Project Officer, ITDA, Rampachodavaram vide Lr.Rc.No.T8/652/2007, dt.7-7- 2007 informed that leases can be given for mining in the Agency area after consent of the project Officer, ITDA, Rampachodavaram and that soon after receipt of the NOC from the District Forest Officer and Project Officer, ITDA, Rampachodavaram, the applications may be processed. It is also averred that as the applied areas falling in Agency area and also the Mandal Revenue Officer in his report dated 6-12-2005 informed that the total extent of the Sy.No.207/1 of Gontuvanipalem village is 1431.80 Acs., out of which 500 hects (1235 Acs) was handed over to Forest Department. It is further averred that as per the above Mandal Revenue Officer’s report, it is clear that the applied areas are falling vicinity to the forest area and hence the applications of the petitioners will be disposed of after getting NOC from the District Forest Officer, Kakinada and Project Officer, ITDA, Rampachodavaram. 8. These are the respective stands taken by the parties. 9. The proceedings dt.27-1-2007 in favour of Sri P.Suri Babu and Sri K.Pothu Raju are placed before this Court and the said proceedings read as hereunder:- Proceedings of Sri P.Suri Babu GOVERNMENT OF ANDHRA PRADESH DEPARTMENT OF MINES AND GEOLOGY PROCEEDINGS OF THE ASST.DIRECTOR OF MINES AND GEOLOGY, RAJAHMUNDRY (PRESENT: Sri Y.N.R.V.PRASAD, M.Sc.(Tech), Assistant Director) PROCEEDINGS No.457/Q1/2006 Date:27-1-2007 Sub:- Mines and Quarries – Grant of quarry lease for Road Metal, over an extent of 2.000 HCs., in Sy.No.207/1 of Gontuvanipalem village, Addateegala Mandal, East Godavari District in favour of Sri P.Suri Babu – Lease deed executed with effect from 27-1-2007 – work orders issued – Reg. Ref: 1) Proc.No.453/Q1/2007, dt.22-1-2007 of the Dy.Director of Mines and Geology, Kakinada. 2) Lr.Dt.27-1-2007 of Sri P.Suri Babu. -: o0o :- O R D E R:- Sanction is hereby accorded to Sri P.Suri Babu, S/o.Veeranna, Yerravaram village, Addateegala Mandal, East Godavari District, over an extent of 2.000 Hcs., in Sy.No.207/1 of Gontuvanipalem village, Addateegala Mandal, East Godavari District for a period of 10 years i.e., with effect from 27-1-2007 to 26-1-2017 to commence the quarrying operations for extraction of Road Metal subject that the provisions in APMMC, 1966 and as per the conditions of Form “G” prescribed under Mineral Concession Rules, 1966 and to the lease deed. The Grantee should maintain all the records and accounts in Form prescribed by the Government. The Grantee should submit returns in Form “C" prescribed so as to reach the Director of Mines and Geology, Hyderabad, Deputy Director of Mines and Geology, Kakinada and Assistant Director of Mines and Geology, Rajahmundry not later than the 3rd of the succeeding Quarter/Annual to which they relates Sd/- Asst.Director of Mines and Geology, Rajahmundry Proceedings of Sri K.POTHU RAJU GOVERNMENT OF ANDHRA PRADESH DEPARTMENT OF MINES AND GEOLOGY PROCEEDINGS OF THE ASST.DIRECTOR OF MINES AND GEOLOGY, RAJAHMUNDRY (PRESENT: Sri Y.N.R.V.PRASAD, M.Sc.(Tech), Assistant Director) PROCEEDINGS No.458/Q1/2006 Date:27-1-2007 Sub:- Mines and Quarries – Grant of quarry lease for Road Metal, over an extent of 2.000 HCs., in Sy.No.207/1 of Gontuvanipalem village, Addateegala Mandal, East Godavari District in favour of Sri K.Pothu Raju – Lease deed executed with effect from 27-1-2007 – work orders issued – Reg. Ref: 1) Proc.No.453/Q1/2007, dt.22-1-2007 of the Dy.Director of Mines and Geology, Kakinada. 2) Lr.Dt.27-1-2007 of Sri P.Suri Babu. -: o0o :- O R D E R:- Sanction is hereby accorded to Sri K.Pothu Raju S/o.Ramulu, Nayudupakalu village, Addateegala Mandal, East Godavari District, over an extent of 2.000 Hcs., in Sy.No.207/1 of Gontuvanipalem village, Addateegala Mandal, East Godavari District for a period of 10 years i.e., with effect from 27-1-2007 to 26-1-2007 to commence the quarrying operations for extraction of Road Metal subject that the provisions in APMMC, 1966 and as per the conditions of Form “G” prescribed under Mineral Concession Rules, 1966 and to the lease deed. The Grantee should maintain all the records and accounts in Form prescribed by the Government. The Grantee should submit returns in Form “C" prescribed so as to reach the Director of Mines and Geology, Hyderabad, Deputy Director of Mines and Geology, Kakinada and Assistant Director of Mines and Geology, Rajahmundry not later than the 3rd of the succeeding Quarter/Annual to which they relates Sd/- Asst.Director of Mines and Geology, Rajahmundry 10. The proviso of Rule 9 of the A.P.Minor Mineral Concession Rules, 1966 specifies provided that the applications for grant of a lease or a permit in respect of a reserve forest land shall be disposed of after consultation with the Divisional or the District Forest Officer concerned. 11. It is also brought to the notice of the Court that the proceedings which had been referred to supra are in relation to the applicants, similarly placed persons. When that being so, non-consideration of the applications of the petitioners on that ground especially in the light of the Rule referred to supra, especially in the light of the proviso of Rule 9 referred to supra, may not be sustainable. It is needless to say that the competent authority or the Public Administration, these are expected to follow uniform procedure while treating the applications of the applicants who are similarly placed. Hence, this Court does not see any reason to accept the contention put forth by the learned A.G.P. for Industries in this regard. Accordingly, the Writ Petition is hereby allowed. No order as to costs. __________________ Justice P.S.Narayana 31st January, 2008 smr