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SUBBA REDDY SATTI
Evershine Monuments – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Subba Reddy Satti, J.
This Writ Petition is filed to declare the Memo No.1665046/M.I(1)/2022 dated 16.12.2022 issued by the 1st respondent, partly modifying the Demand Notice No.1652/D13- 2/2021 dated 11.02.2022, as illegal and arbitrary.
2. a) In the affidavit, it was contended that the petitioner was granted quarry lease for Grey Granite for a period of five years from 05.01.1984 to 04.01.1989. Thereafter the Director of Mines & Geology, granted renewal for a period of 5 years from 05.01.1989 to 04.01.1994. The Director of Mines & Geology granted fresh quarry lease over an extent of Ac.8.50 cents in S.No.10 at Kanamanapalli village, Gudupalli Mandal, Chittoor District for a period of 15 years by proceedings No.23023/K2/94 dated 16.10.1994. The lease was extended from 14.12.2009 to 13.12.2029. While extending the lease, the extent was reduced from 3.441 hectares to 2.024 hectares.
b) The Joint Director of Mines & Geology through Lr.No.4552/M4/PLMR/2008 dated 30.06.2009 approved the mining plan. As per the approved plan, the probable recovery of salable granite blocks by the lessee was fixed @15% of total material extracted. Petitioner got environmental clearance certificate fr
Failure to supply essential documents for a demand notice constitutes a violation of natural justice, necessitating reconsideration of the petitioner’s explanations.
The main legal point established in the judgment is the requirement for proper consideration and compliance with principles of natural justice in issuing orders related to quarry leases and demand no....
Demand notices must adhere to principles of natural justice and proper procedural requirements; violations necessitate annulment and remand for reconsideration.
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 ....
Point of law: The Director shall reject the application for P.L. or Q.L. in the event of any default on the part of applicant, in attending the inspection and survey or submission of valid mineral re....
Imposition of conditions without providing reasons violates principles of natural justice.
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