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GANNAMANENI RAMAKRISHNA PRASAD
K. Mahesh Kumar Reddy, S/O. P. Venkaiah – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Prl. Secretary, Forest Department – Respondent
ORDER :
Gannamaneni Ramakrishna Prasad, J.
1. Heard Sri Keerthi Kiran Kota, learned Counsel for the Writ Petitioner and Sri D. Khasim Saheb, learned Government Pleader for Forests.
2. Prayer made in the Writ Petition is as under:
FACTS AS SET OUT BY THE WRIT PETITIONER:-
3. The case of the Writ Petitioner is that in the year 2006, he had applied for a quarry lease for mining black granite over an extent of 5
The court established that prior judicial findings and inspections must be respected, and any new claims of violations require proper notice and participation of the affected parties.
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
Criminal proceedings against a Managing Partner without the Firm being accused lack specific allegations and cannot establish vicarious liability under penal law.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The court affirmed that the disputed mining area is classified as Revenue land, not Reserve Forest, necessitating a joint survey to resolve land classification disputes.
Compliance with statutory procedures for declaring reserved forests under the Orissa Forest Act, 1972 is mandatory.
Point of law: while passing the impugned orders, the authorities by taking all the relevant facts, passed the present impugned orders, and as per the rules, more specifically as per Rule 35(b) M.C. R....
The judgment emphasizes the principle of prospective application of laws and the requirement for proper verification of facts and consideration of existing legal rights before issuing directives.
The conviction for illegal quarrying under Sections 379 IPC and Section 3(1) TNPPDL Act was upheld due to sufficient evidence, while the overlap of charges under various laws does not invalidate pros....
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