RUTTALA YERRA PATRUDU Vs. STATE OF AP
LAWS(APH)-2019-8-74
HIGH COURT OF ANDHRA PRADESH
Decided on August 07,2019

Ruttala Yerra Patrudu Appellant
VERSUS
STATE OF A.P. Respondents

JUDGEMENT

C. Praveen Kumar, J - (1.)Present Writ Petitioncame to be filed in the form of Public Interest Litigation by YerraPatrudu, resident of Makavarapalem Village & Mandal, Visakhapatnam District.
(2.)As per the averments in the affidavit filed Smt.SingamBhavani, resident of East Godavari District applied for mining lease of laterite mineral in an extent of 4.97 hectors in Sundaramkota, hamlet of Sarugudu Panchayat of Nathavaram Mandal, Visakhapatnam District on 3.7.2009. The said application was rejected in view of G.O.Ms.No.999 issued by Industries and Commerce Department in the year 1975 and the same was communicated to her on 19.4.2010. In spite of the same, in the year 2013 Smt.SingamBhavaniwas granted mining lease in the same area as per G.O.Ms.No.86, dated 2.9.2013 issued by the 1st respondent. The 5th respondent through his proceedings dated 3.2.2014 permitted her to commence the work of excavation. It is alleged that Smt.SingamBhavani is thebenami of Sri AyyannaPatrudu,whose son is supervising the illegal excavation and transportation of bauxite. The excavation of bauxite in the name of laterite is being transported to VedanthaAluminium Factory situated in Odisha State. It is said that the bauxitemafia not only laid illegal roads for transportation of bauxite to Odisha, but also encroached the forest lands and formed roads.It is said that in spite of respondents 1 to 9 are aware of the illegal activities, for reasons best known to them, none of them have interfered with the same. The residents in and around Nathavaram Mandal raised hue and cry bringing it to the notice of the authorities the illegal mining of bauxite in the name of laterite. It is said that huge loss is caused to the Government by the illegal transportation. It is stated that though vide proceedings dated 10.2.2015 the Government of India issued notification declaring laterite as a minor mineral, and despite the fact that only bauxite deposits are available at the said place, the 10th respondent was granted permission to extract laterite for five years i.e., from 8.2.2016 to 7.2.2021 for the entire area covered by Sy.Nos.168/2 and 169-P of Sarugudu Village, NathavaramMandal. It is pleaded that the respondents 1 to 9 are not in a position to protect the national treasure nor they are in a position to excavate it themselves, to improve the Government exchequer. It is pleaded that had ANRAK Aluminium company situated in Rachapalli Village of Makavarapalem Mandal,which is kept idle for want of supply of bauxite, was allowed to excavate, things would have been different.
(3.)A counter came to be filed by the 5th respondent, who is working as Assistant Director of Mines and Geology, Anakapally, denying the averments made in the affidavit filed in support of the writ petition, except to the extent admitted in the counter. It is stated that mining lease was granted to the 11th respondent and Smt.S.Bhavani, for laterite mineral after obtaining chemical analysis report of the mineral, which proved to be the laterite and also after getting necessary clearances from the Revenue Department in regard to classification of land as revenue land, apart from clearance from environmental and forest authorities. It is stated that the lease was granted for laterite, but not for bauxite mineral. Insofar as averment in para No.4 relating to G.O.Ms.No.999, dated 25.10.1975 is concerned, it is stated that the said G.O. relates to grant of mining operations to bauxite mineral to Government undertakings. It is stated that the mining leases were granted to11th respondent and Smt. S.Bhavani for laterite mineral over an extent of 4.97 Hectors in unsurveyed hill poramboke of Sundarakota Village for a period of twenty years. Further, the 11th respondent was also granted quarry lease for laterite mineral over an extent of 20.17 hectares in Sy.No.532 of Thorada village, hamlet of SaruguduGrama Panchayat for a period of twenty years. It is also stated that the Government has issued a show cause notice dated 19.4.2010 to Smt. SingamBhavani. Basing on the proposals of the Director of Mines & Geology, GoAP and as per chemical analysis report of the samples collected from the applied area, the percentage of A12O3 is more than 40% which is indicative of bauxite nature of the deposit.
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