SAMATHA HYDERABAD ABRASIVES AND MINERALS PRIVATE LIMITED Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1997-7-24
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 11,1997

SAMATHA,HYDERABAD ABRASIVES AND MINERALS PRIVATE LIMITED Appellant
VERSUS
STATE OF ANDHARA PRADESH Respondents

JUDGEMENT

- (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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