SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(AP) 571

Andhra Pradesh High Court
Judges : N.V.RAMANA
Gundla Anantha Reddy - Appellant
Versus
District Collector, Nalgonda Dist. - Respondent
Decided On : 04-23-02

Headnote:

Constitution of India , 1950 - Article 226 - A. P. Estates abolition Act - Land Revenue Act - Mines and mineral (Regulation and Development) Act, 1957 - Lands unfit for cultivation - Separating the mud from sand spending - Seeking directions - Petitioners claim to be pattedars of respective extents of lands in their occupation/possession comprised in different survey numbers of village, Mandal, Nalgonda district, which are allegedly situated on banks - According to them, whenever shameerpet Vagu overflows mud and sand in huge quantity accumulate/collect over their patta lands, making lands unfit for cultivation - For last two years major portion of their lands are not being cultivated due to huge collection of mud and sand above the surface level of their lands - Petitioners, agriculture is only source of their livelihood and they are removing the mud and separating the sand therefrom only for the purpose of making their lands fit for cultivation - It is their case that the activity of removing mud and sand accumulated/ collected on their patta lands does not attract either - No jurisdiction or power to interference with their activity which is being carried on by petitioners only to make their lands fit for cultivation - Petitioners submit that in year 1995, when huge quantity of mud and sand accumulated over their lands then Mandal Revenue Officer, bommalaramaram, has permitted them to lift the sand from their patta lands for leveling their lands which were covered by sand – Respondents without any power or authority are now interfering with abovesaid activity of the petitioners - Therefore, in these writ petitions they are seeking directions to respondents 1 to 3 and their subordinates not to interfere with their activity in removing mud and sand gathered on their patta lands – Held, Allegation in counter-affidavit of respondents is that in the guise of cleaning of sand petitioners are excavating and selling sand to the builders is not denied. Eventhough the petitioners say that they are only cleaning sand, this activity, in my opinion would also amount to business of dealing with the mineral, i. e. , sand which, in law requires licence under the A. P. Mineral dealers Rules - No mala fides are attributed by petitioners to respondents - If at all respondents are taking any action, they are acting bona fide that to protect environment and in larger interests of the public - In this background particularly when respondent-authorities are taking steps to protect the environment and ecology as well as taking into consideration the alarming condition of depletion of ground water levels Court must adopt a slow attitude to interfere with the administrative actions of the respondent-authorities - Petitioners have not established or shown any right or permission under which they can do such a business - respondent- authorities are at liberty to prevent any acts of petitioners which are going to affect environment or ecology in the larger interests of the public - Any interference by this Court under Art. 226 of Constitution in cases of this nature would adversely affect overwhelming public interest - Division Bench of this Court in case (supra), while upholding prohibitory orders issued by District collector - All writ petitions are dismissed.

N. V. RAMANA, J.

( 1 ) SIMILARITY of facts and commonality of questions involved for consideration and decision induced me to hear and dispose of these writ petitions by this common order.

( 2 ) FOR the purpose of deciding these writ petitions, suffice it to narrate the necessary skeleton facts, which are common.

( 3 ) THESE writ petitions relate to Nalgonda district. Petitioners claim to be the pattedars of the respective extents of lands in their occupation/possession comprised in different survey numbers of Medipalli village, Gajularamaram Mandal, Nalgonda district, which are allegedly situated on the banks of shameerpet Vagu . According to them, whenever the shameerpet Vagu overflows, the mud and sand in huge quantity accumulate/collect over their patta lands, making the lands unfit for cultivation. For the last two years major portion of their lands are not being cultivated due to huge collection of mud and sand above the surface level of their lands. In order to remove such accumulated/collected mud and sand over their lands, the petitioners claim that they constructed filter beds in their respective lands for separating the mud from sand spending considerable amount. Petitioners state that the sand separated from the mud is being sold to local customers to meet the expenditure incurred for separating the sand from the mud.

( 4 ) ACCORDING to the petitioners, agriculture is the only source of their livelihood and they are removing the mud and separating the sand therefrom only for the purpose of making their lands fit for cultivation. It is their case that the activity of removing the mud and sand accumulated/ collected on their patta lands does not attract either the provisions of the Mines and mineral (Regulation and Development) Act, 1957 or the A. P. (T. A) Land Revenue Act, 1317 Fasli, or the A. P. (T. A) Land Revenue rules, and hence the respondents 1 to 3 have no jurisdiction or power to interference with their activity which is being carried on by the petitioners only to make their lands fit for cultivation. Petitioners submit that in the year 1995, when huge quantity of mud and sand accumulated over their lands, the then Mandal Revenue Officer, bommalaramaram, has permitted them to lift the sand from their patta lands for leveling their lands which were covered by sand. The respondents, without any power or authority, are now interfering with the abovesaid activity of the petitioners. Therefore, in these writ petitions, they are seeking directions to respondents 1 to 3 and their subordinates not to interfere with their activity in removing the mud and sand gathered on their patta lands.

( 5 ) A detailed counter-affidavit is filed by the respondents stating, inter alia, that the petitioners are using their assigned agricultural lands situate on the bank of shameerpet Vagu for non-agricultural purposes contrary to the conditions of assignment by erecting filterbeds on the edge of the river-bank for separating the sand from mud and selling the same to the customers. It is averred that the said activity of the petitioners is not permissible, except with the prior approval of the District collector under Rule 70 of A. P. (T. A) Land revenue Rules, 1951 and permission of the authorities under the Minor Minerals (Regulation and Development) Act and the a. P. Minor Mineral Concession Rules. According to the respondents, shameerpet vagu has never over-flown during the past ten years and the lands of the petitioners have not been inundated or covered with sand.

( 6 ) THE learned counsel for the petitioners submits that there is no need for the petitioners to obtain any permission either from the Revenue Department or from the mines and Minerals Department to excavate the sand from their patta lands which is being done by the petitioners only for the purpose of making their lands fit for cultivation.

( 7 ) LEARNED Government Pleader for revenue contended that the petitioners have no right to excavate sand and sell the



















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top