E.A.S. SARMA vs UNION OF INDIA MINISTRY OF ENVIRONMENT AND FOREST - 2024-02-09

O R D E R

1. We have heard learned counsel as well as learned Additional Solicitor General of India and perused the affidavit filed on behalf of the State of Andhra Pradesh, pursuant to our order dated 04.12.2023.

2. The copy of the affidavit filed by the State of Andhra Pradesh shall be supplied to learned Additional Solicitor General of India. We will require the assistance of Union of India for addressing the following questions:

(i) Whether the subject-land was Government land/forest land or private land?

(ii) If it was a private land, whether the mining of major minerals could be carried out only with the prior permission of the Union of India and whether such a permission was accorded?

(iii) If not, what will be the status of the mining activities carried out prior to 01.03.2019?

3. The Union of India will also assist on the issue of the validity and propriety of the first vigilance report dated 11.03.2016 and the second vigilance report dated 21.03.2019 of the State Government.

4. It may be mentioned that, according to the State of Andhra Pradesh, it was as consequent upon the second vigilance report dated 21.03.2019 that the recovery of a sum of Rs.1295.63 crores against respondent no.5 was dropped.

5. As per the State’s affidavit, five writ petitions are pending before the Andhra Pradesh High Court. According to Mr. S. Niranjan Reddy, learned senior counsel for respondent no.5, two more writ petitions i.e., W.P. No.16798/1995 and W.P. No.35383/2018 are also pending.

6. We request the Andhra Pradesh High Court to take up these writ petitions, if so required, out of turn, for final disposal. A copy of this order may be placed before the Hon’ble Chief Justice of Andhra Pradesh High Court for necessary orders on administrative side. The High Court shall decide the pending writ petitions uninfluenced by the observations or the pendency of these proceedings.

7. Post this matter for further consideration on 09.04.2024. (ARJUN BISHT) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)