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1989 Supreme(AP) 568

S.S.M.QUADRI, B.P.JEEVAN REDDY, M.JAGANNADHA RAO
Hyderabad Abrasives and Minerals – Appellant
Versus
Government Of A. P. – Respondent


JEEVAN REDDY, J.

( 1 ) THIS Writ Appeal was referred to Full Bench by a Division Bench mainly because it disagreed with certain observations made by another Bench in W. A. No. 795 of 1985, disposed of on 20-8-1985. Since the reference of this matter to Full Bench, however, the decision in W. A. No. 795/ 85 has been overruled by a Full Bench in G. Raghava Das v. Government of Andhra Pradesh, AIR 1987 Andh Pra 166. Even so, having regard to the importance of the question raised, namely, interpretation of Section 2 of the Forest (Conservation), Act, 1980, we proceeded to consider the matter.

( 2 ) THE appellant (writ-petitioner) was granted a mining lease for Laterite, for a period of 20 years, over an extent of 318 Acres in Peddamaredimille Reserve Forest under G. O. Ms. No. 352 dated 26-3-1974. Laterite is a major mineral. The lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957, and the Rules made thereunder. As required by the Act and the Rules, an agreement was executed by the appellant and the District Collector, East Godavari, representing the Government, on 1-6-1974. Later on, the appellant laid an approach road to the area leased out. On 28-2-198












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