Andhra Pradesh High Court - Amravati
J.Devaraja Naidu, vs The State Of Andhra Pradesh, on 18 July, 2019
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.9389 OF 2019
ORDER:-
The petitioner seeks a Writ of mandamus declaring the action of respondent No.2 in not processing the Quarry Lease application dated 27.04.2018 of the petitioner to the Director of Mines and Geology, Vijayawada in pursuance of the recommendation reports of respondent No.3 vide Roc.No.A/72/2018, dated 16.07.2018 and 07.01.2019 along with 'No Objection Report' proceedings in Rc.No.283/2018, dated 20.11.2018 of the Divisional Officer, Chittoor East (WL) Division, Chittoor, as illegal and arbitrary and for a consequential direction to the respondent No.2 to process the Quarry Lease application of the petitioner.
2. The petitioner's case briefly is that the petitioner being an un-employed person, applied for quarry lease for Colour Granite for an extent of Ac.6.970 hectors in Survey No.Gap Area of Narasimhapuram Village, Palasamudram Mandal, Chittoor District on 27.04.2018 to respondent No.2 by complying all the conditions. The respondent No.2 has in pursuance of the said application, requested respondent No.3 to furnish category, classification and availability and No Objection Certificate for the applied area by the petitioner through his proceedings letter No. 3614/01/2018, dated 28.04.2018.
2 UDPR, J W.P.No.9389 of 2019 Dt:18.07.2019
3. The further case of the petitioner is that he made an application dated 11.05.2018 to the District Collector, Chittoor, requested to give permission to process his application dated 28.04.2018. The District Collector after following the rules has considered the representation of the petitioner and directed the Revenue Divisional Officer to enquire and send a report in the matter to respondent No.2 by his order dated 12.05.2018. The Revenue Divisional Officer has inturn directed respondent No.3 to take further action in the matter. Since this area sought for by the petitioner is a Gap area, the respondent No.3 requested the Divisional Forest Officer, Chittoor East (WL) Division, to furnish information about the lands requested by the petitioner in his letter dated 21.05.2018. The respondent No.3 pursuant to the orders dated 12.05.2018 of the Revenue Divisional Officer, conducted enquiries and came to conclusion that the petitioner is entitled for quarry lease, as such has forwarded No Objection Certificate vide proceedings in Roc.No.A/72/2018, dated 16.07.2018. The Divisional Forest Officer, Chittoor East (WL) Division, Chittoor, in pursuance of the report of the Forest Range Officer, Chittoor East Range has submitted report to the respondent No.3 to the effect that the applied area is outside the Reserve Forest and 1480 Metres of areal distance of Amudala RF and 420 Metres of areal distance from 33 Ha CA plantation forest line as per GPS survey. The respondent No.3 in spite of receipt of No Objection report from Divisional Forest Officer, Chittoor East (WL) Division, Chittoor, has not forwarded the No 3 UDPR, J W.P.No.9389 of 2019 Dt:18.07.2019 Objection Certificate to Divisional Forest Officer, and through him to the respondent No.2, and as such, the respondent No.2 was unable to process the application of the petitioner. Therefore, the petitioner filed W.P.No.46067 of 2018 and after filing the said petition, respondent No.3 has forwarded his report dated 07.01.2019 to respondent No.2 which was received by him on 22.02.2019. As per Rule, the respondent No.2 was to forward the report along with recommendations of respondent No.3 to the Director of Mines and Geology within fifteen (15) days from the date of receipt of a report, but till now the respondent No.2 has not forwarded those papers to Director of Mines and Geology.
Hence, the Writ Petition.
4. Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology representing respondent Nos.1 and 2. On written instructions of respondent No.2, would submit that the Tahsildar of Palasamudram Mandal vide Roc.No.A/72/2018, dated 16.07.2018 has submitted a report to the office of respondent No.2 enclosing the enquiry report of Divisional Forest Officer, Chittoor stating that the applied area is outside the Reserve Forest and 1480 Metres of areal distance. Even though, the applied area is falling outside the Reserve Forest, the user agency should take all precautions minimizing the pollution, disturbance to the wildlife habitat. The Tahsildar, Palasamudram Mandal has 4 UDPR, J W.P.No.9389 of 2019 Dt:18.07.2019 granted No Objection Certificate in favour of the petitioner in respect of Ac.6.970 Hectares in Sy.No.Gap Area (New Sy.No.281) of Narasimhapuram Village, Palasamudram Mandal, Chittoor District. He would further submit that due to the other processing works, office of Mines and Geology, Chittoor could not process to dispose of the application of the petitioner and the same would be done within fifteen (15) days.
5. In view of the above submission of learned Government Pleader, this Writ Petition is disposed of directing respondent No.2 to dispose of the application of the petitioner, within two (02) weeks in accordance with law, from the date of receipt of a copy of this order. No costs.
As a sequel, Interlocutory Applications pending if any, in this Writ Petition shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 18.07.2019 MS 5 UDPR, J W.P.No.9389 of 2019 Dt:18.07.2019 HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.9389 OF 2019 Date. 18.07.2019 MS