IN THE HIGH COURT OF JJUDICATURE OF ANDHRA PRADESH AT HYDERABAD
W.P.NO.7725 OF 1994
Between:
SAMATA, (Regd NO 554/90), a rural Development
Society registered under the Societies Registration
Act, 1860 having its registered office at
Pedda Mallpuram, Sankhavaram Mandal, rep by its
Executive Director, R.Ravi.
..Petitioner.
And
State of Andhra Pradesh ,
Represented by its Principal Secretary to Government
Industries & Commerce Department,
Secretariat Bidgs Hyderabad and Others
.Respondents.
AFFIDAVIT FILED ON BEHALF OF THE PETITIONER
I, R.Ravi, son of Sri R.K.Rao, aged about 28 years, Social Worker, resident of Pulabanda, Paderu Mandal Visakhapatnam district, having temporarily come down to Hyderabad do hereby solemnly and sincerely affirm and state as follows:
1. I am the executive director of the petitioner organization and as such I am well acquainted with the facts of the case. I am authorized to file this affidavit on behalf of the petitioner organization and I, am filing this Writ petition in public interest in general and in the interest of tribal people in particular.
2. I did my B.Com (Hons) from Osmania University and also did post Graduate diploma in Rural Development from Madras Christian College , Madras . After completing my studies in 1986, I actively worked with Bhagavathula Charitable Trust, Yelamanchili and 'Spandhana' a Society for developing awareness among people situated at Velangi, Sankhavaram Mandal, East Godavari district till 1990. Thereafter I started the petitioner society at the request of the local tribes of Peeda Mallapuram area. There are nearly 2000 members who are mostly tribes people. The society is run by an executive of 15 full time workers who are drawn from the local area. The main objects of the society are implementation of various welfare schemes of the government, creating awareness among tribes people on their rights and duties, organizing of women's self- help groups, farmer's grain banks, protection of ecological balance, striving for a sustainable development, imparting environmental education etc. The society also imparts training for lower level functionaries of Girijan Cooperative Corporation and integrated tribal Development Agency. The society's activities were founded by Ministry of Rural Development, Government of India, I.T.D.A, G.C.C and other philanthrophic institutions and individuals.
3. I submit that Anantagiri Mandal is in Scheduled area of Visakhapatnam District. It is fully inhabited by tribals belonging to Konda Dora, Bhagatha, Kutia, Nooka Dora, Valmiki & Khond tribes. It is one of the important Hilly regions of Eastern Ghats known for the diversity of its flora and fauna. It has rich deposits of calcit, Mica, Quartz and lime stone, being the oldest suite of rocks on earth (4000 million years). It is a catchment area for Gosthani and Sharada rivers. This mandal is rich in forest wealth. The tribals mainly live on cultivation and collection of minor forest produce like Adda leaves, Myrobalams, Tamarind, Amla, jack fruit etc. Apart from this the tribals also survive on many tubers and other edible plants found in the forest.
4. I submit that there is A.P Scheduled Areas Land Transfer Regulation 1959 which is in force in Andhra area since 1959. It was amended in 1970 in view of the various illegal transfers that had taken place between tribals and non-tribals. Sec 2 (g) of the said regulation defines Transfer which includes lease also and also a contract relating to such property. Section 3 which starts with a non-obstante clause, the transfer of land and declares that such transfer is null and void unless it was made in favour of a tribal or a society composed solely of tribes. Even though the word "person" was not defined in the regulation, an interpretation of the said word includes government also. In view of that interpretation of the said word includes government also. In view of that interpretation only, the government has taken a decision on 27/10/1989 and decided to revoke all the leases / licenses granted in the Scheduled areas to the non-tribals after 7/10/1969 and accordingly instruction were issued to the concerned District Collectors and asked for compliance report. But no action was taken and on the other hand fresh leases were granted in favor of the non-tribals. I submit that the respondents 5 to 14 are non-tribals only and their leases were granted subsequent to 7/10/1969. I submit that a Division Bench of this Hounarable Court in a decision rendered in WP 3734 of 1993 dated 27/8/93( SAKTI vs govt of Andhra Pradesh ) held that the word "Person" includes government also and the grant of leases in government land in favour of non-tribals in scheduled areas in violative of the AP Scheduled Area Land Transfer Regulation Act 1959. Subsequently the Hon'ble Minister for mines also assured to cancel leases held by non-tribals in scheduled areas. But nothing has happened so far I submit that earlier we filed WP 9573 of 1993 for terminating the mining leases in Borra Gram Panchayat area of Anantagir Mandal and this Hon'ble Court was pleased to admit the same and granted expert interim direction to stop the mining activity in that area in WPMP NO 12028 of 1993 dated 16/7/93 and the same was made absolute on 23/9/93. The appeal against that order also failed the said writ petition is pending.
5. I submit that apart from the leases of the respondents 5 to 14 being illegal, the mining activity is depriving the tribals of their livelihood us affecting Article 21 of the Constitution of India. I submitted that respondent no 14 was a Ex-village karanam and presently works as a village Administrative Officer of S-Kota, Visakhapatnam District. He obtained the leases for collecting Mica and Quartz and when he found that heavy investment is needed for this activity he transferred the leases in favour of 13 th respondent. The 13 th respondent was already holding leases in this area. The respondent 13 is forcibly evicting the tribals even through they are holding D-form Pattas since the leased area is over lapping in their land also. In that way in Nimmallapadu village itself nearly 15 families were evicted and valuable trees were cut. They were paid meager compensation by the respondent no 13 and thumb impressions of the tribals were taken on blank papers. The tribals being illiterate were left without any livelihood and no-body to represent their grievance. Recently I visited that area and noticed the sad plight of the tribals and sent a representation on 5/1/94 to the Sub-Collector, Paderu who cloud not take any action in view of the leases granted by the Mines and Geology Department. I submitted that the Tribal Welfare Department is spending crores of rupees for the development of the tribals and the Mines & Geology Department is granting leases which are directly affecting the livelihood of the tribals. I submitted this may be the case in other areas also, but I could not verify them as I did not visit the entire Anantagiri Mandal. I submit that the tribals scheduled areas by their very nature require Special treatment and the needs of the tribals should be looked after. Due to this mining activity not only the life of the tribals is affected but also the fragile eco-system is endangered. It is further just and necessary that this Hon'ble Court may be pleased to stop the mining activity in Anantagiri Mandal.
6. I submit that we have no other affective alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India. I submit that we have not filed any suit and no for all the a foresaid reasons it is prayed that this Hon'ble Court may be pleased to issue any Writ or Order or direction particularly one in the nature of writ of Mandamus Directing the respondents 1 to 4 to terminate the mining leases in existence in Anantagiri Mandal of Visakhapatnam District in favour of respondents 5 to 14 by declaring the said leases as illegal and void and violative of the provisions of A.P scheduled Areas Land Transfer Regulation, 1959 and pending disposal of the writ petition to direct the respondents to stop the mining operations in Anantagiri Mandal of Visakhapatnam District and pass such other further orders as this Hon'ble Court may deem fit in the circumstances of the case.
Deponent
Solemnly affirmed and signed
His name in my presence on
This 19 th day of April, 1994
At Hyderabad .
Before me
ADVOCATE, HYDERABAD
MEMORANDUM OF WRIT PETITION
(Under Article 226 of the Constitution of India)
Special Original jurisdiction
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
W.P.NO OF 1994
Between:
SAMATA,(Regd No. 554/90), a rural development
Society registred under the Societies Registration
Act, 1860 having its registered Office at
Pedda Mallapuram, Sankhavaram Mandal,
East Godavari District, represented by its
Executive Director, R.Ravi.
.Petitioner
AND
1.State of Andhra Pradesh ,
Represented by its secretary to Government,
Industries and Commerce Department,
Secretariat Buildings, Hyderabad.
2.The Director of Mines and Geology,
Government of Andhra Pradesh ,
B.R.K. Rao, Buildings,
Tank Bund Road, Hyderabad.
3.The District Collector,
Visakhapatnam District,
Visakhapatnam.
4. The Assistant Director of Mines,
Mines and Geology Department,
Visakhapatnam.
5. Ch. Chalapathi Rao,
S/o Venkanna,
Guntur vari Street,
Kothapeta,
Visakhapatnam.
6. Andhra Phosphates (P) Ltd,
45-58-17/5, Narasimha Nagar,
Visakhapatnam-24
Represented by its Managing Director.
7. K.Appa Rao,
S/O Venkata Ratnam,
D.No 28-6-1,
Jagadhamba junction,
Visakhapatnam.
8. M. Venkatapathi Raju,
S/O Lakshmipathi Raju,
Kapu Street , S.Kota,
Visakhapatnam District.
9. Visakha Mines and Minerals,
Mandaparthi Village,
Anantagiri Mandal,
Visakhapatnam District.
10. Associated Mica Exports,
16-1-30/2, Official Colony,
Visakhapatnam
Rep.By Dasari Jayachandra Prasad.
11. N. Madan Mohan Reddy,
S/O Sundara Rami Reddy,
8-44-16, China Waltair,
Visakhapatnam.
12. M/S. Trowell Cement Ltd,
73/3 R.T. Sanjeeva Reddy Nagar,
Hyderabad-38,
Rep. By Managing Director, G. Jagadish.
13. Indian Rayon industries Ltd,
Plot No 20, Pandurangapuram,
Beech Road,
Visakhapatnam,
Rep by its Vice-President, Mr Om P.Taparia.
14. M. Lakshminarayana,
S/O Appanna,
Relli Village (P.O)
Kothavalsa,
Vizianagaram District
..Respondents
The address of the petitioners for the purpose of service of all notices. Processes, etc, is that of their Counsel, Mr A. Ramalingeswara Rao. Advocate, 3-6-550/5, 2 nd floor, 7 th Street Himayat Nagar, Hyderabad-29.
For the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to issue any appropriate writ or order or direction particularly one in the nature of writ of Mandamus directing the respondents 1 to 4 to terminate the mining leases in existence in Anantagiri Mandal of Visakhapatnam District in favour of respondents 5 to 14 by declaring the said leases as illegal and void and violative of the provisions of A.P scheduled Areas Land Transfer Regulation, 1959 and pass such other order or orders as this Hon'ble Court may deem fit in the circumstances of the case.
Hyderabad
19-4-1994
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