Forest land classification for the purpose of environmental regulation is governed by statutory notifications and recorded forest status, which overrides conflicting revenue records. Mining within notified forest zones without mandatory central environmental clearance is prohibited regardless of prior lease grants or local administrative status.

W.P.No. 27385 of 2009

Between:

M/s Laxmi S.T. Mining and Leasing Labour

Contractor Cooperative Society Limited,

Rep. by its President Mr. V. Jayaram & others

..... Petitioners

And

The Divisional Forest Officer,

Kothagudem, Khammam District & others.

..... Respondents

W.P.No. 27882 of 2009

Between:

M/s Viswabharathi Mining Corporation,

Rep. by its Managing Partner Mr. S.V.Shiva Reddy

..... Petitioner

And

The Government of Andhra Pradesh,

Forest Department,

Rep. by its Secretary

& others.

..... Respondents

W.P.No. 28652 of 2011

Between:

M/s Sri Kanaka Durga Tribal Labour Contract

Mutually Aided Co-operative Society,

Rep. by its President & Authorized Signatory

Mr. Paltya Moni.

..... Petitioner

And

The Government of Andhra Pradesh,

Forest Department,

Rep. by its Secretary & others.

..... Respondents

W.P.No. 125 of 2012

Between:

M/s Indian Barytes & Chemicals Ltd.,

Rep. byits Director Mr. S.V.Shiva Reddy

..... Petitioner

And

The Government of Andhra Pradesh,

Forest Department,

Rep. by its Secretary & others.

..... Respondents

W.P.No. 22253 of 2016

Between:

M/s Laxmi ST Mining & Leasing Labour Contract

Cooperative Society Limited,

Rep. by its Chairperson Mr. Jagannadam Nagaiah

..... Petitioner

And

The State of Telangana,

Rep. by Secretary,

Industries & Commerce Department,

& others

..... Respondents

W.P.No. 222 of 2017

Between:

M/s Laxmi ST Mining & Leasing Labour Contract

Cooperative Society Limited,

Rep. by its Chairperson Mr. Jagannadam

..... Petitioner

And

The Survey of India,

Rep. by its Director & others

..... Respondents

W.P.No. 2594 of 2017

Between:

M/s Viswabharathi Mining Corporation

Rep. by its Managing Partner Mr.S.V. Shiva Reddy

..... Petitioner

And

The Government of Telangana,

Industries & Commerce Department,

Rep. by its Secretary & others.

..... Respondents

W.P.No. 14189 of 2020

Between:

M/s Indian Barytes & Chemicals Ltd.,

Rep. by its Director Mr.S.V. Shiva Reddy

..... Petitioner

And

The Survey of India,

Rep. by its Director & others

..... Respondents

W.P.No. 14193 of 2020

Between:

M/s Viswabharathi Mining Corporation,

Rep. by its Managing Partner

Mr.S.V. Shiva Reddy

..... Petitioner

And

The Survey of India,

Rep. by its Director & others

..... Respondents

COMMON ORDER:

Heard Sri A. Venkatesh, learned Senior Counsel assisted by Sri V.R. Reddy Kovvuri, Sri N. Mohan Krishna, Sri C.V.R. Rudra Prasad, Sri Vedula Venkata Ramana, learned counsel on behalf of M/s Bharadwaj Associates and Sri A.P.Reddy, learned counsel for petitioners, Sri N. Bhujanga Rao, learned Deputy Solicitor General, Sri B. Narasimha Sarma, learned Additional Solicitor General, Sri Imran Khan, learned Additional Advocate General, learned Government Pleaders for Revenue, Mines and Geology for respondents.

2. Petitioners in all the aforesaid Writ Petitions claim to be the lease-holders in respect of various extents of land admeasuring Acs.55-00; Acs. 102-00; 121.41 Hectares and 123.076 Hectares located in various survey numbers more particularly Survey Nos. 57 and 58 of Pocharam Village and Survey No. 76/1 and 76 of Sripuram Village, Garla Mandal, Khammam District. According to petitioners, they have been doing mining of Barytes and Dolomites for several years in the said lands and it is only after the Revenue Department and the Mining Department having categorically stated that the land in question is not a ‘forest land’, they obtained the said land on lease and, in fact, in one instance, they also obtained clearance from the Union of India, more particularly from the Ministry of Environment for conducting mining operations. Therefore, they assail the notice/orders passed by the Forest Officials i.e.