2024 Supreme(AP) 353
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO, J.
Kokku Usha and Others - Petitioners
Versus
The State of Andhra Pradesh and Others - Respondents
Writ Petition Nos. 42362 of 2022, 10873 and 10890 of 2023
Decided On : 18-10-2024
Advocates Appeared:
For the Petitioner: Kambhampati Ramesh Babu.
For the Respondent: P. Durga Prasad.
IMPORTANT POINT
The court established that mining leases cannot be granted without determining compensation and considering the rights of existing cultivators.
Headnote:
Writ - Quarry Lease - Article 226, Mineral Concession Rules, 1960 - The court emphasized the necessity of determining compensation before granting mining leases, highlighting the violation of natural justice and the rights of cultivators.
Fact of the Case:
The petitioners, agricultural coolies, challenged the grant of quarry leases for silica sand on lands they cultivated, arguing that the leases were issued without compensation and violated their rights.
Finding of the Court:
The court found that the petitioners had been cultivating the lands for a long time and that the official respondents ignored the necessity of determining compensation before granting the leases, which was arbitrary and illegal.
Issues: Whether the grant of quarry leases without determining compensation and considering the petitioners' rights constituted a violation of natural justice and the Constitution.
Ratio Decidendi: The court held that the issuance of mining leases without assessing compensation and ignoring the petitioners' long-standing cultivation rights was illegal and arbitrary.
Result: The court directed a proper survey and reasoned order regarding the land, keeping the lease orders in abeyance.
ORDER :
K. Manmadha Rao, J.
Writ Petition No. 42362 of 2022 is filed under Article 226 of the Constitution of India
“to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus to declaring the i) Proceedings No.6420/D8/2020, dated .03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 4.156/10.27 Acres in Sy.No.539-1 (1.25 acres), 539-2 (4.49 acres) and 539-3 (4.53 acres) of Ballavolu Village, Chillakur Manal, Tirupati District in favour of the 8th respondent without considering the fact that the petitioners are cultivating the said lands since long time and without determining compensation under Rule 72 of the Mineral Concession Rules, 1960 and ii) the action of respondents 5 to 7 in not considering the representation of the petitioners dated 06.05.2022 as illegal, arbitrary, malafide, ultra vires, violative of principles of natural justice and contrary to law apart from being violative of Articles 21 and 300-A of the Constitution of India and consequentially i) set aside the Proceedings No 6420/D8/2020, dated 03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 4.156/10.27 Acres in Sy.No.539-1 (1.25 acres), 539-2 (4.49 acres) and 539-3 (4.53 acres) of Ballavolu Village, Chillakur Manal, Tirupati District in favour of the 8th respondent and ii) direct the respondents 5 to 7 to take appropriate action on the representation of the petitioners dated 06.05.2022 in the interest of justice and pass such other and further orders”.
Writ Petition No.10873 of 2023 is filed under Article 226 of the Constitution of India
“to issue a Writ or Order or Direction more particularly one in the nature of Writ of declaring the Proceedings No.6419/D8/2020 dated 24.03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 9.62 acres in Sy.No.561 (3.99 Acres and 562 (5.63 acres) of Ballavolu Village, Chillakur Mandal, Tirupati District in favour of the 8th respondent as illegal, arbitrary, malafide, ultra vires, violative of principles of natural justice and contrary to law apart from being violative of Articles 21 and 300-A of the Constitution of India and consequentially set aside the Proceedings No.6419/D8/2020 dated 24.03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 9.62 acres in Sy.No.561 (3.99 Acres and 562 (5.63 acres) of Ballavolu Village, Chillakur Mandal, Tirupati District in favour of the 8th respondent and to pass such other and further orders”.
Writ Petition No.10890 of 2023 is filed under Article 226 of the Constitution of India
“to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No 117/D8/2020, dated 24.03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 4.435 Hectares in Sy.No.496-1(P) of Ballavolu Village, Chillakur Mandal, Tirupati District in favour of the 8th respondent as illegal, arbitrary, malafide, ultra vires, violative of principles of natural justice and contrary to law apart from being violative of Articles 21 and 300-A of the Constitution of India and consequentially set aside the Proceedings No.117/D8/2020, dated 24.03.2022 issued by the 2nd respondent and all consequential proceedings in respect of grant quarry lease for Silica Sand over an extent of 4.435 Hectares in Sy.No.496-1(P) of Ballavolu Village, Chillakur Mandal, Tirupati District in favor of the 8th respondent and to pass such other and further orders”.
2. Heard Mr. Kambhampati Ramesh Babu, learned counsel for the petitioners and learned Assistant Government Pleader, Mines and Geology for the official respondents and Mr. P. Durga Prasad, learned c
Click Here to Read the rest of this document
Back
