2004 Supreme(AP) 363
Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, K.C.BHANU
Government Of A.P.rep.by its Secretary, industries and Commerce Department - Appellant
Versus
Pallava Granite Industries (India) private Ltd. - Respondent
Decided On : 03-24-04
Headnote:
A. P. Land Reforms (Ceiling on Agricultural holdings) Act, 1973 – A. P. Minor Mineral concessions Rules, 1966 – Rule 9-A – Mines and Minerals (Regulation and Development) Act, 1957 – section 17-A – Take Over of Land – An extent of Acs. 86-50 cents of land in Survey no. 55/5 of Rajupalem Lakshmipuram village, Chimakurthi Mandal, Prakasham district is registered as agricultural land in the revenue records – The said land was surrendered by the original landholder as a surplus land under the provisions of A. P. Land Reforms (Ceiling on Agricultural holdings) Act, 1973 – State having taken over the said land entered the details of the lands taken over in the prohibitory order book/register – Held, Trial Court decreed the suit – Authorities preferred appeal in a. S. and the same was dismissed for default – As is evident from the record, a petition was filed to set aside the default order. Many applications filed by the authorities including to condone delay petition in filing the restoration petition itself are stated to be pending and under consideration of the court about which Court do not propose to express any opinion whatsoever – Ultimately the prayer of the writ petitioner in the writ petition which we have noticed is to consider the application of the 1st petitioner firm for granting quarry lease in respect of Acs. 15-00 of land in Survey no. 55/5 of R. L. Puram Village – No relief could be granted to the petitioners in view of the reservation order which Court have upheld in the batch of cases – That no land as such in Survey No. 55/5 of R. L. Puram village is available as at present for quarrying to be granted in favour of any private individuals – Order of reservation enabling the APMDC to undertake mining operations in the very same land, neither the petitioner nor the 8th respondents are entitled for consideration of any of their applications and no quarry lease shall be granted in their favour – No relief as such could be granted to the petitioners in this petition – Writ Petition Dismissed
( 1 ) THIS batch of writ appeals and writ petitions are being disposed of by a common judgment since the subject matter that arises for consideration in all of them is interconnected. The writ appeals themselves were preferred by the State Government as well as the Andhra Pradesh Mineral development Corporation against the common order dated 28-3-2002 passed by the learned single Judge of this court whereunder and whereby the learned single judge having allowed the writ petitions issued certain directions by which the appellants are aggrieved.
( 2 ) THE controversy centres around the government s decision in reserving an extent of Acs. 61-50 cents of land in Survey no. 55/5 in Rajupalem Lakshmipuram Village in Chimakurthi Mandal, Prakasham District, for undertaking mining operations by Andhra pradesh Mineral Development Corporation (for short apmdc ). This land contains galaxy granite and is suitable for mining operations. The galaxy granite derivable from these lands is a special variety for which there is stated to be a great demand in the international market.
( 3 ) THE case has a long history. An extent of Acs. 86-50 cents of land in Survey no. 55/5 of Rajupalem Lakshmipuram village, Chimakurthi Mandal, Prakasham district (hereinafter referred to "as the said land") is registered as agricultural land in the revenue records. The said land was surrendered by the original landholder as a surplus land under the provisions of A. P. Land Reforms (Ceiling on Agricultural holdings) Act, 1973. The State having taken over the said land entered the details of the lands taken over in the prohibitory order book/register.
( 4 ) SOME private parties applied to the government for grant of land lease in order to enable them to apply for and obtain mining lease to undertake quarrying operations in the said land. The issue as to whether any such lease of the said land or part thereof at all could be granted by the government has been processed by more than one Department of the Government. No lease of the land could have been granted unless the same was released from the prohibitory order book/register. Under section 14 of the Land Reforms Act, the lands vested in the Government under the said Act is required to be allotted for use of house-sites for agricultural labourers, village artisans or other persons owning no house or house-sites or transferred to the weaker sections of the people dependent on agriculture for agriculture or for purposes of ancillary thereto. Sub-section (6) of Sec. 14, however, enables the Government that notwithstanding anything in Section 14, the government may lease out any land vesting in them under the Act for such purposes and on terms and conditions as may be specified by them.
( 5 ) THE Government having examined the request of the private parties and having considered the proposals of the Collector, prakasham District and the Commissioner of land Reforms and Urban Land Ceilings, directed an extent of Acs. 25-00 of surplus land taken over possession under the provisions of the Act out of the said lands "be leased out to private persons through the department of Mines and Geology for mining purposes subject to such terms and conditions as may be prescribed with the approval of the government and further subject to condition that the lease was liable to be cancelled as and when the land is required by the Government for a public purpose". The Government specified the land rent to be paid to the Government vide g. O. Rt. No. 876 Revenue (Land Reforms) department dated 3-6-1989. The department of Mines and Geology thereafter granted the mining lease in the subject area in favour of one P. Rama Rao. It is unnecessary to notice further details as regards the dispute between the said p. Rama Rao and one M/s. Victorian Granite private Limited relating to the grant of mining lease.
( 6 ) IN the year 1991, four applications by m/s. Pallava Granite Industries (India) private Limited, M/s. Upendr