Constitutionality of rules requires specific grounds for a successful challenge; mere allegations without clarity are insufficient.

ORDER :

1. Regard being had to the similitude of the questions involved, on the joint request of the parties, the matters were analogously heard and decided by this common order.

W.P. Nos. 40484 of 2017; 2834, 6828 & 7126 OF 2018:

2. These petitions filed under Article 226 of the Constitution assail the constitutionality of G.O.Ms.No.84, dated 09.11.2017, whereby amendment is made to The Telangana State and Sand Mining Rules, 2015 (for short, Rules of 2015), issued in G.O.Ms.No.3, dated 08.01.2015. One such prayer is reproduced for ready reference and it reads thus:

“…to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring G.O.Ms.No.84, Industries and Commerce (Mines.l) Department dated 09-11-2017 as illegal null void and arbitrary and consequently direct the Respondents to grant permission to de-cast the sand and sell the sand through the Assistant Director of Mines and Geology i.e., 5th Respondent to the general public at the rate of Rs.400/- per cubic meter in the local area of 100 kilometers radius from patta land...” (Emphasis Supplied)

Factual Background:

3. The facts are taken from W.P.No.7126 of 2018. The petitioners preferred an application in the year 2015 to the Telangana State Mineral Development Corporation (Corporation) seeking permission for de-casting of sand in their patta lands in various villages of erstwhile Khammam District, now Bhoopalapally District. The Corporation, after conducting a detailed enquiry and survey, submitted the report to the District Level Sand Committee. The file was pending in the office of the District Collector and the petitioners’ repeated requests to clear it could not fetch any result. The petitioners could not get necessary orders/permissions to de-cast the sand in their patta lands.

Contention of the petitioners:

4. Sri K. Durga Prasad, learned counsel for the petitioners, urged that during rainy season because of floods, huge sand gets accumulated on certain agricultural fields which are situated on the banks of river/water bodies. After the rainy season, the sand needs to be removed, so that the agriculturists can undertake their agricultural activity. He submits that the Government of Telangana issued G.O.Ms.No.3, dated 08.01.2015, which is popularly known as ‘New Sand Mining Policy-2014’. Rule 7 of the Rules of 2015 was inserted permitting the pattadars to de-cast the sand. Based on this rule, the petitioners submitted their application for de-casting of sand in their patta lands.

5. The petitioners have raised eyebrows on the impugned amendment through G.O.Ms.No.54, dated 21.08.2015, which reads thus:

“The de-casting of sand in any patta land abutting river bed, to make the land suitable for cultivation shall be by M/s.Telangana State Mineral Development Corporation Limited.” (Emphasis Supplied)

6. It is the common stand that the procedure prescribed under the Rules and monopoly given to the Corporation is bad in law. Because of this monopoly given to the Corporation, the delay is being caused in de-casting the sand from the land of the agriculturists which adversely affects their agricultural activity. If the permission is given to the patta owners to sell the sand, because of competitive rates, the end user will be benefitted.

Contention of the Government:

7. Sri S. Rahul Reddy, Special Government Pleader representing learned Additional Advocate General for the respondents, supported the impugned GO and urged that the impugned rules are amended in consonance with rule making power and the object of The Mines and Minerals (Development and Regul