Andhra Pradesh High Court - Amravati
Aithabathula Rameswara Rao vs The Union Of India on 20 March, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010438062023 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-
22
AT AMARAVATI [3446]
W.P.(PUBLIC INTEREST LITIGATION) NO:
140/2023
Aithabathula Rameswara Rao and ...PETITIONER(S)
Others
Vs.
The Union Of India and Others ...RESPONDENT(S)
**********
Ms. Mahathi Saavari for Sri Namburi Sreemannarayana, Advocate(s) for Petitioner(s).
B V Anjaneyulu , Y V Anil Kumar, GP For Mines and Geology & V Sai Kumar, Advocate(s) for Respondent(s).
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 20th March 2024 P.C :
The Buddhist remains of an ancient stupa namely 'Bouddha Maha Dhatu Stupa' in Sy.No.133/1 of Kodavali Village, Gollaprolu Mandal, Kakinada District was declared as a protected monument under the provisions of Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 and Rules 1959 framed thereunder.
The Mines and Geology Department has issued as many as four licenses to private persons for extraction of gravel in the close vicinity of the monument.
According to the learned Government Pleader for Mines and Geology, the four licenses so issued by the department are at a distance of 438, 537, 635 and 712 meters from the monument. It appears that before issuing the 2 licenses, the Mines and Geology Department had approached the Department of Archaeology for their views on the subject. It was responded through their communication dated 25.03.2022 wherein it was said that the area where the mining operation was to be permitted was situated in Sy.No.133/1 admeasuring Ac.36-86 cents in Kodavali and since the technical staff of the Archaeological Survey of India have found some more Buddhist remains (unprotected) in the vicinity at a distance of 377 meters from the proposed mining area, therefore, it was requested that the entire area had to be thoroughly surveyed and explored and in that background, it was indicated although not specifically that mining lease be not considered for allotment. Despite the aforementioned information having been provided to the Mines and Geology Department, it appears that the licenses were issued and the mining was in progress currently. Although in the communication dated 28.07.2023, the Archaeological Survey of India had indicated their intention to survey the entire area, yet, it appears that the said survey operations have not been undertaken.
We, therefore, direct the learned counsel for Archaeological Survey of India to take instructions as to within how much period, the survey could be initiated and completed. In our opinion, it should not be later than one month from today. In any case, let instructions be taken.
List on 27.03.2024.
Till then, no mining operations be permitted in regard to the aforementioned leases granted by the Department, which is stated to be in the close proximity of the monument.
DHIRAJ SINGH THAKUR,CJ R RAGHUNANDAN RAO,J AMD