HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29399 of 2013 Date : 26-12-2014 Between :
Bolli Kushna Murthy and others .. Petitioners And The Union of India, Represented by its Secretary, Ministry of Environment & Forests, New Delhi and others ..
Respondents Counsel for petitioners : Mr. M.V. Durga Prasad Counsel for respondent Nos.1 & 2 : Mrs. S. Nanda, Standing Counsel for Central Government Counsel for respondent Nos.3, 5 & 6 : Mr. K. Ramakrishna Reddy, Advocate-General (TS) Counsel for respondent No.7 : Mr. B.P. Mohan Counsel for respondent Nos.8 & 9 :
ORDER:
This Writ Petition is filed for the following substantive relief :
“ … to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in allotting 445 Hectares of Reserve Forest in Sarapaka village, Ashwapuram Forest Range, Kistasagar Forest Block, Burgumpahad Mandal, Paloncha Forest Division, Khammam District, A.P. to the Seventh Respondent or any other non tribal persons for non-forest purposes as illegal and without jurisdiction and contrary to the provisions of A.P. Schedule Area Land Transfer Regulations 1959 and contrary to the judgments of the Hon’ble Supreme Court of India in (1997) 8 SCC 191 and W.P. (Civil) No.180 of 2011 dated 18.04.2013 and consequently direct the respondent Nos.1 to 7 not to make or permit diversion of any forest land for non forest purposes without laying down any policy for ensuring tribal welfare, wild life protection and forest conservation in consultation with the respondents 8 and 9 and without the prior clearances required under the Forest (Conservation) Act, 1980, the Environment (Protection) Act 1986 and the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2006 …”
Extensive pleadings have been filed by all the parties. However, reference to all these pleadings is obviated in view of the submission of Mr. K. Ramakrishna Reddy, learned Advocate General, State of Telangana, that the Writ Petition is premature for the reason that so far no decision has been taken by the Government on the proposed allotment of land in Sarapaka village. He has also assured that before taking any decision the State Government will examine the legal implications especially with reference to the A.P. Scheduled Areas Land Transfer Regulation 1959 r/w. A.P. Scheduled Areas Land Transfer (Amendment) Regulation 1970 (Regulation No.1 of 1970) and other extant enactments.
Having regard to the said stand taken by the State Government that no allotment has been made so far, the very premise on which the Writ Petition is filed has turned out to be incorrect. However, to allay the apprehension of the petitioner that the State Government may pass an order in violation of the provisions of the Agency Laws, the petitioner is permitted to make a detailed representation to the State Government of Telangana within two weeks from the date of receipt of this order. On such representation being made, the State Government of Telangana shall consider the objections that may be raised by the petitioners before taking any decision on the allotment of land in Sarapaka village for the purpose of establishing an industry.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, interim order dated 9-10-2013 is vacated and WPMP Nos.36506 of 2013, 49184 of 2014 and WVMP Nos.20 and 1421 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 26-12-2014 AM