JUDGEMENT
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(1.) Leave granted.
(2.) This appeal by special leave is directed against the
judgment of the Andhra Pradesh High Court dated 27.8.1993 in
writ petition No.3734 of 1993. The present appellant was
respondent No.6 before the High Court. SAKTI, a voluntary
social organisation for the upliftment of tribals in east
Godavari District find the writ petition in the Andhra
Pradesh High Court praying therein that the mining
activities which are carried on by the respondents 6 to 10
in the said writ petition should be immediately stopped as
the grant of mining leases in their favour is in
contravention of Section 3 of the Andhra Pradesh Scheduled
Areas Land, Transfer Regulation, 1959 (hereinafter referred
to as the 'Regulation') as well as section 2 of the Forest
(Conservation) Act, 1980 (hereinafter referred to as the
'Conservation Act'). It was averred in the writ petition
that the villages where the mining activities are being
carried on were notified as protected forests under Section
24 of the Andhra Pradesh Forest Act, 1967 with effect from
8.9.1975 and within the said forest area it is not
permissible to continue any mining activity in view of the
provisions of the conservation Act which prohibits user of
forest land for non-forest purpose.
(3.) Respondents 1 to 4 before the High Court, who were the
public officers of the State Government supported the case
of the petitioner and took the stand that a joint inspection
report had been conducted after surveying the area over
which the mining activities are being carried on by the
respondents 6 to 10 and the said report reveals that mining
leases have granted over the forest area which is prohibited
under the conservation Act without prior approval of the
Central Government.;
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