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Samatha vs. State of Andhra Pradesh & Ors – Kanoon

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Case Name –   Samatha vs. State of Andhra Pradesh & Ors.

Citation No: 4601 of 1997(Civil) Appeal

Bench:  

  1. Ramaswami
  2. Saghir.Ahmad
  3. B.Pattanaik

 

Introduction:

This case relates to the granting of mining licence of the schedule area to a non tribal and also State Government’s activities in contravention to Environmental Protection Act 1986.

 

Facts of the case:

  1. Borra Reserve forest area consists of 14 Villages in a schedule area of Visakhapatnam Andhra Pradesh. One K.Appa.Rao ,M.Swamy ,R.K.Deo was grated mining lease in that reserved forest being a non-tribal along with few others viz ; M/s Perclase India Ltd, M/s Unirock Minerals Pvt Ltd, M/s Kalyani Ltd etc.
  2. All these leases were granted for 20years and after expiry was to be renewed as per the orders of State Government.
  3. One lease to M/s Trowall Cements Ltd got transferred from Madan Mohan Reddy because the mine was not being worked.
  4. An affidavit was added for the same purpose.
  5. But on the counter affidavit filed by the government admitted that the mines are being worked out and calcite with silica was found.
  6. It was also admitted in the counter affidavit by the government that u/s 11(5) of The Mine & Mineral Regulation and Development Act 1957, no mining leases shall be granted in favour of non tribals. Also the tribal’s have their patta lands there.
  7. After the re survey the entire land was identified as scheduled tribal area.
  8. The Appellant protecting the interests and life of STs in the area filed W/P challenging the power of the government for granting the leases in favour of non tribals.

 

Issues:

  1. Was the government eligible to transfer the land to a non tribal?
  2. Whether the government could grant mining lease to a non tribal?
  3. Whether the grant of the leases violative of Environmental Protection Act 1986?

 

 

Judgement:

  1. This appeal by special l leave is therefore granted and that the mining activities shall be immediately stopped.
  2. The grant of mining leases is in contravention to the Andhra Pradesh schedule area Land Transfer Regulation 1959.

 

Samatha vs. State of Andhra Pradesh & Ors – Kanoon

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