Andhra Pradesh High Court Orders Inquiry into Reclassification of Forest Land for Mining Operations
Committee to Investigate Possible Malfeasance in Reclassification of Reserved Forest Land; Environmental Clearance Stayed by NGT
In a significant ruling, the Andhra Pradesh High Court has directed an inquiry into the reclassification of reserved forest land as Jungle Poramboke, which subsequently facilitated its allocation for mining operations. The judgment, delivered by Chief Justice Dhiraj Singh Thakur and Justice Sri Ravi Cheemalapati, stems from a Public Interest Litigation (PIL) filed by petitioner B Madhan Kumar Reddy, raising concerns over the allocation of mining rights in Sy.No.696 of Momidi Village, previously designated as forest land.
The contentious area, measuring 92.40 acres, was reclassified and allotted to private respondent No.11 for mining activities. The court expressed its inability to comprehend how reserved forest land could be reclassified, leading to its allocation for mining purposes. The judgment underscores the importance of preserving forest land and highlights the need for transparency and accountability in administrative decisions.
In response to the PIL, the High Court has mandated the formation of a committee under the chairmanship of the Chief Secretary. The committee, comprising the Principal Chief Conservator of Forests and the Principal Secretary of Revenue Department, is tasked with thoroughly examining the reclassification process. The court has instructed the committee to submit a report within six weeks, clarifying whether the reclassification was intended solely to facilitate mining rights allocation to the private respondent.
Additionally, the committee is required to specify the actions contemplated against officials involved in the reclassification if it is determined to be for mala fide reasons. This directive aims to ensure accountability and prevent future instances of administrative misconduct.
Moreover, the court acknowledged that the National Green Tribunal (NGT) has stayed the environmental clearance for the mining operations of respondent No.11, effectively halting any ongoing mining activities. The absence of environmental clearance underscores the ecological concerns associated with such operations and aligns with the judiciary's commitment to environmental protection.
The court has scheduled the next hearing for November 19, 2025, and removed the case from the list of matters likely to be declared infructuous. This decision reflects the court's recognition of the significance of the issues raised in the PIL and its determination to ensure a thorough investigation into the matter.
The judgment serves as a reminder of the judiciary's role in safeguarding environmental interests and promoting fair administrative practices. As the committee embarks on its inquiry, the outcome will likely influence future policy decisions concerning land reclassification and mining rights allocation.
Bottom Line:
Mining rights allocation - Inquiry directed into reclassification of reserved forest land to Jungle Poramboke for mining operations - Committee to examine the issue and submit report including action against concerned officials if reclassification found to be done for mala fide reasons.
Statutory provision(s): Public Interest Litigation, Mining Rights Allocation, Environmental Clearance
B Madhan Kumar Reddy v. Union of India, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2795411
