Andhra Pradesh High Court - Amravati
Jonnada All Caste Sand And Boats ... vs The State Of Andhra Pradesh on 15 February, 2021
Bench: M.Ganga Rao
| [ 2696 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)" "
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! :
_, (Special Original Jurisdiction)
MONDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE..."
: PRESENT: a
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 3304 OF 2021"
Between:
Jonnada All Caste Sand and Boats man labour Contract, Co-Opertiave Society
(Regd.No.291/2013-C), Rep. by its President Tadi Venkata Krishna Reddy, S/o. Satti
Reddy Hindu, Male, Aged 37 years, lonnada Village, Alamuru Mandal, East Godavari
District. .
7 ...Petitioner
AND
4. The State of Andhra Pradesh, Rep. by its Principal Secretary to Industries and
Mines Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Vice Chairman cum Managing Director, Andhra Pradesh ' Mineral
Development Corporation Itd., 294 / 1D, 100 Ft. Road, Kanuru Village
Tadigadapa-Enkepadu Penamaluru Village, Kanuru Penamaluru, Vijayawada,
Andhra Pradesh 521137.
3. The Deputy Director of Mines and Geology, Road Number 2, 23-74 no-2 16-23-
74, Rd Number 1, Pallamraju nagar, Kakinada, Andhra Pradesh 533001.
The District Collector, East Godavari District; Kakinada.
The Mandal Tahsildar, Alamuru Mandal, East Godavari District.
Assistant Director of Mines And Geology, H No. 78, 7-10, Gandhipuram,
Rajahmundry, Andhra Pradesh 5331,03 .
7. The Station House Officer, Alamuru Police Station, Alamuru, East Godavari
District.
Doe
...Respondents
WHEREAS the Petitioner above named through its Advocate Sri Mangena Sree
Rama Rao presented this Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a writ, order or direction more particularly one in the nature of Writ of
Mandamus declaring the action of the action of the despondent No.2 in issuing memo in
Ref. No. APMQC/Sand issue/ 2020-2021/2297 Dt.31.12.2020 thereby issuing
guidelines to use semi mechanized mining for excavation of the sand by using
machinery, excavators, JCBs, Hitachi's etc., in Jonnada Sand Reach in Jonnada village
of Alamuru Mandal of East Godavari District and also entire state of Andhra Pradesh
without obtaining proper permissions and without following due process of law
contemplated under Sustainable Sand Mining Management Guidelines 2016 and 2020
as illegal, irregular, arbitrary violative of the provisions of the various Environmental
Laws and also offends Articles 14, 19 (g) and 21 of constitution of India and
consequently set aside the memo issued by the 2nd Respondent in Ref. No.
APMDC/Sand 2020-2021/2297 Dt.31.12.2020.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Mangena Sree Rama Rao, Advocate for
the Petitioner, Sri V.R.N Prasanth, Standing Counsel for Respondent No.2, GP for
Industries and Mines for Respondent No.1, 3 & 6, GP for Revenue for Respondent No.4
& 5 and of GP for Home for Respondent No.7, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
1. The Principal Secretary to Industries and Mines Department, Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The Vice Chairman cum Managing Director, Andhra Pradesh Mineral
"Development Corporation Itd., 294 / 1D, 100 Ft Road, Kanuru Village
Tadigadapa-Enkepadu Penamaluru Village, Kanuru Penamaluru, Vijayawada,
Andhra Pradesh 521137.
3. The Deputy Director of Mines and Geology, Road Number 2, 23-74 No-2 16-23-
74, Rd Number 1, Pallamraju nagar, Kakinada, Andhra Pradesh 533001.
4. The District Collector, East Godavari District, Kakinada.
5. The Mandal Tahsildar, Alamuru Mandal, East Godavari District.
6. Assistant Director of Mines And Geology, H No. 78, 7-10, Gandhipuram,
Rajahmundry, Andhra Pradesh 5331,03
7. The Station House Officer, Alamuru Police Station, Alamuru, East Godavari
District.
are directed to show cause either appearing in person or through an Advocate, on or
before 22-03-2021 to which date the case stands posted as to why in the circumstances
set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT
PETITION should not be admitted.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to allow the
man power to excavate the sand in Sand Reaches by duly suspending the memo
issued by the 2"¢ Respondent in Ref. No. APMDC/S and issue/ 2020-202 1/2297
Dt.31.12.2020, pending disposal of WP No.3304 of 2021, on the file of the High Court.
The Court made the following: ORDER
"Notice before admission.
Sri V.R.N.Prasanth, learned Standing Counsel takes notice for the 2nd
respondent and seeks time to file counter.
Learned Government Pleader for Mines and Industries takes notice for the
respondents 1 to 3 and 6.
Learned Government Pleader for Revenue takes notice for the respondents
4 and 5.
Learned Government Pleader for Home takes notice for the 7th respondent.
All of them seek time to get instructions.
Learned Counsel for the petitioner states that the 2nd respondent by way
of memo dated 31.12.2020 directed the authorities to incorporate amendments in
the existing contracts to use semi mechanised excavation in open reaches but
the same is not preceeded by any discrete Survey report. Under the guise of this
memo, the contractors are allowed to use heavy excavation machinery, such as,
excavators, JCBs, Hitachi machines and tippers in the sand reaches, which is
illegal, arbitrary and contrary to the judgment of the Hon'ble Supreme Court in the
case of Deepak Kumar v. State of Haryana [(2012) 4 Supreme Court Cases 629]
and also the order passed by the National Green Tribunal passed in Anumul
Gandhi Vs. State of Andhra Pradesh application No.177/18 and thereby depriving
the petitioner's rights guaranteed under Article 21 of the Constitution of India.
| Sri V.R.N.Prasanth, learned Standing Counsel appearing for the 2nd
respondent states that by way of memo the 2nd respondent only allowed the
contractors by way of amendments in the existing contracts, to use semi
mechanised excavation in open reaches which are permissible preceeded by
discrete survey report, as per the orders of the Green Tribunal, where the sand
reaches are above 3 metres depth and transportation of sand in the river beds.
Having carefully considered the facts and circumstances of the case,
submissions of the Counsel and perused the record. In the interest of justice, to
prevent the environmental degradation by indiscriminate and unscrupulous use
of heavy machinery in the sand reaches which is prohibited in the sand
excavations, hence, there shall be an interim direction to the respondents to take
appropriate criminal and civil action against the contractors who are using heavy
machinery for excavation of sand in the sand reaches and take preventive steps.
Registry is directed to print the name of G.P. for Mines and Industries, G.P.
for Revenue and G.P. for Home.
Post on 22.03. 2024
Sd/-P.VenkataRamana
i DEPUTY REGISTRAR
IITRUE COPY//
For. SECTION OFFICER
To, |
1. The Principal Secretary to Industries and Mines Department, Secretariat,
Velagapudi, Amaravathi, Guntur District. |
2. The Vice Chairman cum Managing Director, Andhra Pradesh Mineral
Development Corporation Itd., 294 / 1D, 100 Ft. Road, Kanuru Village
Tadigadapa-Enkepadu Penamaluru Village, Kanuru Penamaluru, Vijayawada,
Andhra Pradesh 521137.
3.. The Deputy Director of Mines and Geology, Road Number 2, 23-74 No-2 16-23-
74, Rd Number 1, Pallamraju nagar, Kakinada, Andhra Pradesh 533001.
4. The District Collector, East Godavari District, Kakinada.
5. The Mandal Tahsildar, Alamuru Mandal, East Godavari District.
6. Assistant Director of Mines And Geology, H No. 78, 7-10, Gandhipuram,
Rajahmundry, Andhra Pradesh 5331,03
7. The Station House Officer, Alamuru Police Station, Alamuru, East Godavari
District (1 to 7 by RPAD- along with a copy of petition and affidavit)
8. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC]
9. Two CCs to GP for Industries and Mines, High Court of Andhra Pradesh. [OUT]
10.One CC to Sri V.R.N Prasanth, Standing Counsel [OPUC]*~ ; |
11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] .
12. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [our]
13. One spare copy
A te Sechew Ole, Pashap $e how
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HIGH COURT
MGRJ
DATED: 15/02/2021
POST ON 22.03.2021.
NOTICE BEFORE ADMISSION
WP.No.3304 of 2021
DIRECTION
AQ FEB2O
