Tuesday, January 26, 2010

HC rules AP cannot renew quarry licence beyond 2 years

By S A Ishaqui
Hyderabad, Jan. 25: The Andhra Pradesh High Court made it clear that the state government is not vested with infinite powers to extend sand quarry lease beyond two years based on frivolous reasons.

A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan while quashing a series of orders granted by the state government extending lease for sand quarrying, declared that the orders were violative of Rule 9-L of the AP Mine Mineral Concession Rules, 1966. The bench allowed a batch of writ petitions filed by agriculturists and villagers from Nellore, Kadapa, Guntur, Krishna, Nizamabad and Karimnagar district challenging the extension of lease for sand quarrying in rivers, canals and streams of the area.

The petitioners contended that the government extended lease to the contractors on frivolous reasons without conducting public auctions.

The bench pointed out that Rule 9 (L) made it clear that no lease can be granted for a period beyond two years and therefore exercising power under the extensive power to give clarifications was not available to the government.

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