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1997 Supreme(SC) 948

G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
Samatha: Hyderabad Abrasives And Minerals Private LTD. – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

K. Ramaswamy, J.— Leave granted.

2. These appeals are directed to resolve mutually inconsistent law adumbrated by two Division Benches of Andhra Pradesh High Court. The appeals arising from SLO (C) No. 17080-81/95 are filed against the judgment passed on April 28, 1995 in Writ Petition Nos. 9513/93 and 7725/94 in which the Division Bench has held that the Andhra Pradesh Scheduled Area Land Transfer Regulation (1 to 1959), as amended by Regulation II of 1970 (for short, the ‘Regulation’) and the Mining Act (67 of 1957) do not prohibit grant of mining leases of Government land in the scheduled area to the non-tribals. The Forest Conservation Act, 1980 (for short, the ‘FC Act’) does not apply to the renewals. The Andhra Pradesh Forest Act, 1967 also does not apply to the renewal to the leases. It, accordingly, dismissed the writ petitions filed by the appellant challenging the power of the Government to transfer the Government land situated in the tribal area to the non-tribals for mining purpose.

3. In the appeal arising from SLP (C) No. 21457 of 1993 filed by Hyderabad Abrasives and Minerals, another Division Bench, earlier had taken dramatically the opposite view and held th



























































































































































































































































































































































































































































































































































































































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